Common use of Sustainability Commitments Clause in Contracts

Sustainability Commitments. (a) The Relevant Ministry within whose competencies Sustainability Commitment 1 falls, fails to comply with, achieve or maintain compliance with (as applicable) Sustainability Commitment 1. (b) In connection with any two or more Sustainability Commitments, other than Sustainability Commitment 1, the Borrower is required to pay (and does pay) Additional Conservation Payments as a result of (i) a failure by a Relevant Ministry to comply with or achieve (as applicable) such Sustainability Commitments falling within its respective competencies by the relevant Final Deadline for Compliance or (ii) a failure by a Relevant Ministry to maintain compliance with such Ongoing Sustainability Commitments falling within its respective competencies, for a consecutive period of four (4) years from the date on which the first payment of an Additional Conservation Payment was due and payable in connection with such Sustainability Commitments. (c) Any representation, warranty or statement made or deemed to be made by a Relevant Ministry in the Sustainability Commitments Agreement is or proves to have been incorrect or misleading in any material respect when made or deemed to be made unless the circumstances giving rise to the misrepresentation or breach of warranty are: (i) capable of remedy; and (ii) remedied within ten (10) Business Days of the earlier of: (A) the Facility Agent (acting at the direction of the Majority Lenders or the Project Manager thereunder) giving notice of the misrepresentation or breach of warranty to the Relevant Ministry, with a copy to the Borrower; and (B) the Relevant Ministry becoming aware of the misrepresentation or breach of warranty. (d) Any Relevant Ministry fails to comply with its information undertaking under Clause 2.4 (Information undertaking on Sustainability Commitments) of the Sustainability Commitments Agreement and such failure is not remedied within thirty (30) days of such non-compliance.

Sustainability Commitments. (a) The Parties acknowledge that each Relevant Ministry within whose competencies has undertaken in the Sustainability Commitment 1 falls, fails Commitments Agreement to comply with, with or achieve or maintain compliance with (as applicable) the Sustainability Commitment 1Commitments falling within its respective competencies as set out in the Sustainability Commitments Agreement by the relevant Original Deadline for Compliance as the same may be extended to the relevant Extended Deadline for Compliance and, in respect of the Ongoing Sustainability Commitments falling within its respective competencies, maintain compliance thereafter for the applicable period specified in the Sustainability Commitments Agreement. (b) In connection with any two The Parties agree that, in the event a Grace Period or more Sustainability Commitments, other than a Remedy Period is approved by the Project Manager in relation to an Original Deadline for Compliance or an Extended Deadline for Compliance (as applicable) for a Sustainability Commitment 1under the Sustainability Commitments Agreement in accordance with its terms, upon the Facility Agent being notified of any such Grace Period or Remedy Period and forwarding such notice to the Parties, DFC and IADB, each such Grace Period or Remedy Period (as applicable) shall apply without any further consent required. (c) The Borrower is required to pay (and does pay) Additional Conservation Payments as a result of (i) a agrees that any failure by a Relevant Ministry to comply with or achieve (as applicable) such any Sustainability Commitments Commitment falling within its respective competencies by or, in respect of the relevant Final Deadline for Compliance or (ii) a failure by a Relevant Ministry to maintain compliance with such Ongoing Sustainability Commitments falling within its respective competencies, for a consecutive period of four (4) years from the date on which the first payment of an Additional Conservation Payment was due and payable in connection maintain compliance with such Sustainability Commitments. (c) Any representationthem, warranty or statement made or deemed pursuant to be made by a Relevant Ministry in the Sustainability Commitments Agreement is or proves to have been incorrect or misleading in any material respect when made or deemed to be made unless the circumstances giving rise to the misrepresentation or breach of warranty areAgreement, will: (i) capable of remedyif applicable, trigger Additional Conservation Payments in accordance with Clause 6.4 (Additional Conservation Payments); and (ii) remedied within ten potentially trigger an Event of Default under this Agreement (10but only in accordance with Clause 19.15(a) Business Days of the earlier of: and Clause 19.15(b) (A) the Facility Agent (acting at the direction of the Majority Lenders or the Project Manager thereunder) giving notice of the misrepresentation or breach of warranty to the Relevant Ministry, with a copy to the Borrower; and (B) the Relevant Ministry becoming aware of the misrepresentation or breach of warranty. (d) Any Relevant Ministry fails to comply with its information undertaking under Clause 2.4 (Information undertaking on Sustainability Commitments) of the Sustainability Commitments Agreement and such failure is not remedied within thirty (30) days of such non-compliance)).