Common use of Protection of NPV Clause in Contracts

Protection of NPV. Pursuant to the provisions of Clauses 37.1 and 37.2 and for the purposes of placing the Concessionaire in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 18 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Protection of NPV. Pursuant to the provisions of Clauses 37.1 30.1 and 37.2 30.2 and for the purposes of placing the Concessionaire SPD in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Protection of NPV. Pursuant to the provisions of Clauses 37.1 5.6.1 and 37.2 5.6.2 and for the purposes of placing the Concessionaire in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 2 contracts

Samples: Section 2, Section 2

Protection of NPV. Pursuant to the provisions of Clauses 37.1 32.1 and 37.2 32.2 and for the purposes of placing the Concessionaire Developer in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 1 contract

Samples: Agreement

Protection of NPV. Pursuant to the provisions of Clauses 37.1 35.1 and 37.2 35.2 and for the purposes of placing the Concessionaire in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 1 contract

Samples: Concession Agreement

Protection of NPV. Pursuant to the provisions of Clauses 37.1 43.1 and 37.2 43.2 and for the purposes of placing the Concessionaire in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 1 contract

Samples: Leave and License Agreement

Protection of NPV. Pursuant to the provisions of Clauses 37.1 41.1 and 37.2 41.2 and for the purposes of placing the Concessionaire in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 1 contract

Samples: Concession Agreement

Protection of NPV. Pursuant to the provisions of Clauses 37.1 41.1 and 37.2 41.2 and for the purposes of placing the Concessionaire in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 1 contract

Samples: Draft Concession Agreement

Protection of NPV. Pursuant to the provisions provision of Clauses 37.1 Clause 41.1 and 37.2 41.2 and for the purposes of placing the Concessionaire in the same financial position as it would have enjoyed had there been no Change in Law affecting the costscosts , returns or other financial burden or gainsgains , the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parametersparameter, as the case may bebe , to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 1 contract

Samples: Concession Agreement

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Protection of NPV. Pursuant to the provisions of Clauses 37.1 42.1 and 37.2 42.2 and for the purposes of placing the Concessionaire in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 1 contract

Samples: Substitution Agreement

Protection of NPV. Pursuant to the provisions of Clauses 37.1 31.1 and 37.2 31.2 and for the purposes of placing the Concessionaire DEVELOPER in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 1 contract

Samples: Agreement

Protection of NPV. Pursuant to the provisions of Clauses 37.1 36.1 and 37.2 36.2 and for the purposes of placing the Concessionaire in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 1 contract

Samples: Draft Concession Agreement

Protection of NPV. Pursuant to the provisions of Clauses 37.1 29.1 and 37.2 29.2 and for the purposes of placing the Concessionaire Operator in the same financial position as it would have enjoyed had there been no Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model / Business Plan to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred.

Appears in 1 contract

Samples: Operation Services Agreement

Protection of NPV. Pursuant to the provisions of Clauses 37.1 34.1 and 37.2 34.2 and for the purposes of placing the Concessionaire in the same no better and no worse financial position as it would have enjoyed condition had there been no such Change in Law affecting the costs, returns or other financial burden or gains, the Parties shall rely on the Financial Model to establish a net present value (the "NPV") of the net cash flow and make necessary adjustments in costs, revenues, compensation or other relevant parameters, as the case may be, to procure that the NPV of the net cash flow is the same as it would have been if no Change in Law had occurred. Authority may invite Xxxxxxx' representative in the meetings conducted, in this regard.

Appears in 1 contract

Samples: Concession Agreement

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