Compensation on Termination. (a) If this Project Agreement is terminated pursuant to Sections 35.3(a), 36.2(a)(ii), 37.1, 37.2 or 37.3, then: (i) Schedule 23 - Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and (ii) the provisions of Sections 4.3 through 4.7, inclusive, shall no longer apply. (b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section 7 of the Construction Act pursuant to section 10 of the Construction Act.
Appears in 3 contracts
Sources: Project Agreement, Project Agreement, Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a), 36.2(a)(ii), 37.1, 37.2 or 37.3, then:
(i) Schedule 23 - Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.7, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section 7 of the Construction Act pursuant to section 10 of the Construction Act.
Appears in 2 contracts
Sources: Project Agreement, Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a34.3(a), 36.2(a)(ii35.2(a)(ii), 37.136.1, 37.2 36.2 or 37.336.3, then:
(i) Schedule 23 - Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.74.6, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct, as security for the Financing. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 4.9 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section Section 7 of the Construction Act CLA pursuant to section Section 10 of the Construction ActCLA.
Appears in 2 contracts
Sources: Project Agreement, Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a), 36.2(a)(ii), 37.1, 37.2 or 37.3, then:
(i) Schedule 23 - Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.7, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 4.10 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section 7 of the Construction Act pursuant to section 10 of the Construction Act.
Appears in 2 contracts
Sources: Project Agreement, Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a36.3(a), 36.2(a)(ii37.2(a)(ii), 37.138.1, 37.2 38.2, 38.3, 38.4 or 37.3, 38.6 then:
(i) Schedule 23 - – Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.7, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section 7 of the Construction Act (Ontario) pursuant to section 10 of the Construction ActAct (Ontario).
Appears in 2 contracts
Sources: Project Agreement, Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a36.3(a), 36.2(a)(ii37.2(a)(ii), 37.138.1, 37.2 38.2 or 37.338.3, then:
(i) Schedule 23 - – Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.7, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section 7 of the Construction Act CLA pursuant to section 10 of the Construction ActCLA.
Appears in 1 contract
Sources: Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a34.3(a), 36.2(a)(ii35.2(a)(ii), 37.136.1, 37.2 36.2 or 37.336.3, then:
(i) Schedule 23 - Compensation on Termination shall apply and Contracting Authority the CTC shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.74.6, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority the CTC to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct, as security for the Financing. Contracting Authority The CTC shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority The CTC will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority the CTC of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 4.9 constitutes payment by Contracting Authority the CTC to Project Co in satisfaction of Contracting Authoritythe CTC’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority the CTC with respect to such payments under section Section 7 of the Construction Act CLA pursuant to section Section 10 of the Construction ActCLA.
Appears in 1 contract
Sources: Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a34.3(a), 36.2(a)(ii35.2(a)(ii), 37.136.1, 37.2 36.2 or 37.336.3, then:
(i) Schedule 23 - Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.74.6, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 4.9 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section Section 7 of the Construction Act CLA pursuant to section Section 10 of the Construction ActCLA.
Appears in 1 contract
Sources: Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a36.3(a), 36.2(a)(ii37.2(a)(ii), 37.138.1, 37.2 38.2 or 37.338.3, then:
(i) Schedule 23 - – Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.7, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders▇▇▇▇▇▇▇’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section 7 of the Construction Act CLA pursuant to section 10 of the Construction ActCLA.
Appears in 1 contract
Sources: Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a), 36.2(a)(ii), 37.1, 37.2 or 37.3, then:
(i) Schedule 23 - Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.7, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 4.10 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section Section 7 of the Construction Act pursuant to section Section 10 of the Construction Act.
Appears in 1 contract
Sources: Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a), 36.2(a)(ii), 37.1, 37.2 or 37.3, then:
(i) Schedule 23 - – Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.7, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section 7 of the Construction Act CLA pursuant to section 10 of the Construction ActCLA.
Appears in 1 contract
Sources: Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a), 36.2(a)(ii), 37.1, 37.2 or 37.3, then:
(i) Schedule 23 - Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.7, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 4.10 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section Section 7 of the Construction Act pursuant to section Section 10 of the Construction Act.
Appears in 1 contract
Sources: Project Agreement
Compensation on Termination.
(a) If this Project Agreement is terminated pursuant to Sections 35.3(a36.3(a), 36.2(a)(ii37.2(a)(ii), 37.138.1, 37.2 38.2 or 37.338.3, then:
(i) : Schedule 23 - – Compensation on Termination shall apply and Contracting Authority shall pay Project Co any applicable compensation on termination; and
(ii) the provisions of Sections 4.3 through 4.7, inclusive, shall no longer apply.
(b) Project Co hereby irrevocably directs Contracting Authority to make any Compensation Payment to the Lenders’ Agent, or as the Lenders’ Agent may direct. Contracting Authority shall pay the Compensation Payment as directed by the Lenders’ Agent and shall not accept any redirection without the consent of Lenders’ Agent. Contracting Authority will pay the Compensation Payment in accordance with the provisions of Schedule 23 – Compensation on Termination. Project Co acknowledges and agrees that payment by Contracting Authority of the Compensation Payment to the Lenders’ Agent in accordance with this Section 4.8 constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Compensation Payment to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under section 7 of the Construction Act CLA pursuant to section 10 of the Construction ActCLA.
Appears in 1 contract
Sources: Project Agreement