Common use of Delivery of Step-In Undertaking Clause in Contracts

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, BC Hydro may deliver to the Material Project Contractor a written undertaking to the Material Project Contractor (the “Step-in Undertaking”) undertaking to the Material Project Contractor to: (a) pay or procure the payment to the Material Project Contractor, within 15 BusinessDays of demand by the Material Project Contractor, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor to BC Hydro in accordance with Sections 3.2 and 3.3; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor to BC Hydro in accordance with Sections 3.2 and 3.3; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date.

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, BC Hydro may deliver to the Material Project Contractor Contract Party a written undertaking to the Material Project Contractor Contract Party (the “"Step-in Undertaking”") undertaking to the Material Project Contractor Contract Party to: (a) pay or procure the payment to the Material Project ContractorContract Party, within 15 BusinessDays Business Days of demand by the Material Project ContractorContract Party, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor Contract Party under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor Contract Party to BC Hydro in accordance with Sections 3.2 3.3 and 3.33.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor Contract Party to BC Hydro in accordance with Sections 3.2 3.3 and 3.33.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date.