Common use of MDOT Right to Remove Phase North At Any Time For Clause in Contracts

MDOT Right to Remove Phase North At Any Time For. Convenience (a) MDOT may, by notice to the Phase Developer, remove Phase North from the scope of this Agreement at any time for convenience prior to Commercial Close of the first Section of Phase North. (b) If Phase North is removed from the scope of this Agreement under Section 27.2(a): (i) MDOT shall pay the Phase Developer an amount in accordance with Section 10.4(c)(iv) (Phase North NTP Contingent Upon NEPA Approval); (ii) if applicable, MDOT shall pay the Phase Developer its Allowed Costs for performing work to determine the Financial Viability of a Section or Sections in Phase North, up to the applicable Viability Cost Cap in accordance with Article 14 (Section Viability); and (iii) if applicable, MDOT shall pay the Phase Developer its Allowed Costs not previously reimbursed, that are directly attributable to the Predevelopment Work performed for each Section of Phase North for which Financial Viability has been established, up to the Phase North Termination Cap.

MDOT Right to Remove Phase North At Any Time For. Convenience (a) MDOT may, by notice to the Phase Developer, remove Phase North from the scope of this Agreement at any time for convenience prior to Commercial Close of the first Section of Phase North. (b) If Phase North is removed from the scope of this Agreement under Section 27.2(a): (i) MDOT shall pay the Phase Developer an amount in accordance with Section 10.4(c)(iv) (Phase North NTP Contingent Upon NEPA Approval); (ii) if applicable, MDOT shall pay the Phase Developer its Allowed Costs for performing work to determine the Financial Viability of a Section or Sections in Phase North, up to the applicable Viability Cost Cap in accordance with Article 14 (Section ViabilityV iability); and (iii) if applicable, MDOT shall pay the Phase Developer its Allowed Costs not previously reimbursed, that are directly attributable to the Predevelopment Work performed for each Section of Phase North for which Financial Viability has been established, up to the Phase North Termination Cap.