SOLE RISK. 9.1 As used in this Article 9, the terms set out below shall have the following meanings:
SOLE RISK. 2.1 Proposal for an Expansion Project or New Project If Alcoa or Alumina or any of their respective Affiliates wish to develop, construct, operate or otherwise implement an Expansion Project or New Project, it (“Proposing Party”) may by written notice propose that the relevant Enterprise Company implement, or participate in, the Expansion Project or New Project (as applicable), in which case the Proposing Party must provide such detail in relation to the Expansion Project or New Project as is reasonably necessary to enable the other party (“Non-Proposing Party”) to assess the merits of the project.
SOLE RISK. Owner acknowledges and agrees that race cars entered in any Race by Owner shall be entered for Owner’s sole account and risk. Neither Owner nor its Driver, mechanics, crew, other employees or shareholders shall make any claim against AlphaTrade for salary or other payment except as specifically provided herein. Owner shall obtain from its Driver and other employees appropriate releases in the form attached hereto as Exhibit E absolving Owner and AlphaTrade and their subsidiaries, affiliates, officers, employees and shareholders of all liability for damages, injury or death suffered by the Driver or other employees as a result of or arising out of racing related activities.
SOLE RISK. Subject to, and conditional upon, the Change of Control Effective Date having occurred, a Foundation Member (or any of its Sole Risk Affiliates) may propose and undertake an Expansion Project or New Project related to the Company’s assets on the terms and conditions set out in Annex B (Sole Risk Regime) of this Agreement.
SOLE RISK. 8.3.1 To the extent a Shareholder (a “non-participating Shareholder”) does not wish to participate in a Designated Project, such non-participating Shareholder may, within two (2) months of a Designated Project being deemed a Designated Project in accordance with Clause 8.1 (Creation of Designated Project), notify the other Shareholder that it does not wish to participate in the relevant Designated Project following which the other Shareholder (“proceeding Shareholder”) may elect to proceed with the Designated Project at its sole risk and cost on the following basis:
SOLE RISK. 12.1 If a Proposing Participant shall proceed with a Sole Risk Programme and unless otherwise agreed by the Participants, for so long as the Sole Risk Programme continues or the Proposing Participant continues to conduct operations on its own account in the Specified Area:
SOLE RISK. In the event that one (1) or more of the Parties engages in sole risk operations, then, to the extent appropriate, the Accounting Procedure will apply to such sole risk operations but separate accounts, books, bank accounts and other records shall be established and maintained for such sole risk operations in such a manner that the statements and billing relating to the Joint Account do not reflect the sole risk operations.
SOLE RISK. No expenditures in connection with sole risk operations shall be charged to the Joint Account without the prior approval of all the Parties.
SOLE RISK. Any amounts received from third parties or from Parties engaged in sole risk activities for services or for use of Joint Property.
SOLE RISK. The use of the Designated Facility for the Permitted Use and access to the CUF will be at the sole risk of the User from the Commencement Date.
