Thethe. Employer acted acts in good faith compliance with the fair share fee provision of this contractAgreement; however, there shall be no indemnification of the Employer if the Employer intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein; 4.) The Employer shall not incur excessive costs under this Section. In those cases where the Attorney General's Office directly provides representation there shall be no charge to the Association for attorneys' fees.
Thethe. Independent Certifier shall within five (5) Business Days of the issue of the relevant ICT Handover Acceptance Certificate, Acceptance Certificate [or Post Completion Works Acceptance Certificate] issue to the Contractor and the Authority a list of the relevant Snagging Items for that School (the Snagging List). Within five (5) Business Days of receipt from the Independent Certifier of the Snagging List the Contractor shall provide to the Authority and the Independent Certifier a reasonable programme for making good each Snagging Item set out in the Snagging List provided that such programme shall require that each Snagging Item shall be made good within twenty (20) Business Days of the date of provision of that programme or within such time as is reasonably practicable. and, where the Snagging List has been issued following the issue of the ICT Handover Acceptance Certificate, so that rectification of such Snagging Items does not interfere with the ICT Installer acting in accordance with clause 11.9. The Parties shall seek to agree such programme and in default of agreement shall refer the matter for determination under the Dispute Resolution Procedure. TheAny programme agreed or determined in accordance with this clause 20.7 (Snagging Items)20.8 shall be known as the Snagging Programme.; and
Thethe. Contractor's sole remedy in relation to any Compensation Event in respect of the Works at any Site that occurs prior to the applicable Longstop Date [and the Post Completion Works at any Site] shall be the operation of clause 16.5 (Effect of a Compensation Event).
Thethe. DNO shall not do anything (including without limitation installing, operating or modifying any telemetry facilities) which may interfere with or prevent thesuch operation by Transco NTS of block valves in accordance with paragraph 2.7.3..
Thethe. Parent Borrower will keep or cause to be kept, and will cause each of its Restricted Subsidiaries to keep or cause to be kept, all such Real Property free and clear of any Liens imposed pursuant to such Environmental Laws other than Permitted Liens.;
Thethe parties shall be deemed to have participated equally in the preparation of this Agreement, so that this Agreement shall not be construed more strictly against one party than against any other party.
Thethe. All-In Yield applicable to the Incremental Term Loans or Incremental Revolving Loan Commitments made hereunder shall be determined by the Borrower and the Incremental Term Lenders and/or the Incremental Revolving Lenders.; provided that with respect to any Incremental Document in respect of Incremental Term Loans in the form of a broadly syndicated “term B facility” denominated in Dollars or Euros and secured by the Collateral on a pari passu basis with the 2020 Term Loans, if the All-In Yield in respect of such Incremental Term Loans exceeds the All-In Yield in respect of the 2020 Term Loans denominated in the same currency as such Incremental Term Loans by more than 0.50%, the Applicable Margin of the 2020 Term Loans denominated in the applicable currency shall be adjusted such that the All-In Yield of the 2020 Term Loans denominated in the applicable currency equals the All-In Yield of such Incremental Term Loans minus 0.50%, effective upon the making of such Incremental Term Loans; provided further that any amendments to the Applicable Margin in respect of the 2020 Term Loans that become effective subsequent to the Amendment No. 3 Effective Date but prior to the time such Incremental Term Loans are borrowed shall also be included in such calculations; provided further that this Section 2.15(a)(x) shall not apply to the MFN Exceptions;
Thethe. Borrower shall default in the due performance and observance of any of its obligations under clause (e) of Section 7.01(f), Section 7.07 (with respect to the maintenance and preservation of the Parent Guarantor’s or the Borrower’sany Loan Party’s corporate existence), Section 7.08, or Article VIII.; or (d) The Borrower or the Parent Guarantorany Loan Party shall default in the due performance and observance of any agreement (other than those specified in clauses (a) through (c) above) contained herein or in any other Loan Document, and such default shall continue unremedied for a period of thirty (30) days after the earlier of: (xi) the date such default became known to a Responsible Officer of the Parent Guarantor or the Borrowera Loan Party; and (yii) delivery of notice thereof to the Parent Guarantor or Borrowera Loan Party from the Administrative Agent (which notice will be given at the request of any Lender).; or (e) Aa default shall occur (i) in the payment when due, whether by acceleration or otherwise, of any Material Indebtedness, or (ii) in the performance or observance of any obligation or condition with respect to any Material Indebtedness, if the effect of such default referred to in this clause (e)(ii) is to accelerate the maturity of any such Material Indebtedness, or that enables or permits the holder or holders of any such Material Indebtedness, or any trustee or agent on its or their behalf, to cause any such Material Indebtedness to become due, or to require the prepayment, repurchase, redemption or defeasance thereof, prior to its scheduled maturity (in the case of both clauseclauses (e)(i) and (e)(ii) above, subject to any applicable grace period or cure period, as well as any applicable requirement for notice of default, under the definitive documentation for such Material Indebtedness).; or (f) Anyany judgment or order (or combination of judgments and orders) for the payment of money equal to, or in excess of, One-Hundred Million Dollars ($100,000,000) (other than amounts covered by (xA) insurance for which the insurer thereof has been notified of such claim and has not challenged such coverage, or (yB) valid third partythird-party indemnifications for which the indemnifying party thereof has been notified of such claim and has not challenged such indemnification), individually or in the aggregate, shall be rendered by a court or Governmental Authority against the Borrower, the Parent Guarantor or any of their Subsidiariesany Loan Pa...
Thethe. Borrower agrees that representatives of the Borrower shall, at DOE’s request, meet with the Lender’s Engineer (and, if DOE requests, with representatives of DOE) on a mutually acceptable date (in person or telephonically) each month to discuss the most recent Replacement EPC Arrangement Monthly ReportReports and any other reports and information required to be provided pursuant to this Section 6.1(a). The Borrower shall use its commercially reasonable efforts to provide DOE and/or the Lender’s Engineer with such additional information reasonably requested by DOE and/or the Lender’s Engineer based on their review of the Monthly Construction Reports, and shall use its commercially reasonable efforts to address questions from DOE and or the Lender’s Engineer with respect to the performance of the Operator, the CCA Contractor and the Service Provider;
Thethe. Pensions Regulator issues a Financial Support Direction or a Contribution Notice to any Loan Party in an amount that would be expected to have a Material Adverse Effect; or
