Common use of Notwithstanding Section 2 Clause in Contracts

Notwithstanding Section 2. 4.1 of the Project Agreement (as incorporated herein pursuant to Section 1.23 of this Amendment), if any provision (or part of any provision) of this Amendment is Central 70 Project: First Amendment to the Project Agreement Execution Version ruled invalid (including due to Change in Law) by a court having proper jurisdiction, then the Parties shall: a. promptly meet and negotiate a substitute for such provision or part thereof which shall, to the greatest extent legally permissible, effect the original intent of the Parties; and b. if necessary or desirable, apply to the court which declared such invalidity for an interpretation of the invalidated provision (or part thereof) to guide the negotiations.

Appears in 2 contracts

Sources: Project Agreement, Project Agreement

Notwithstanding Section 2. 4.1 of the Project Agreement (as incorporated herein pursuant to Section 1.23 1.2 of this Amendment), if any provision (or part of any provision) of this Amendment is Central 70 Project: First Amendment to the Project Agreement Execution Version ruled invalid (including due to Change in Law) by a court having proper jurisdiction, then the Parties shall: a. (i) promptly meet and negotiate a substitute for such provision or part thereof which shall, to the greatest extent legally permissible, effect the original intent of the Parties; and b. (ii) if necessary or desirable, apply to the court which declared such invalidity for an interpretation of the invalidated provision (or part thereof) to guide the negotiations.

Appears in 2 contracts

Sources: Project Agreement, Project Agreement

Notwithstanding Section 2. 4.1 of the Project Agreement (as incorporated herein pursuant to Section 1.23 of this Amendment), if any provision (or part of any provision) of this Amendment is Central 70 Project: First Amendment to the Project Agreement Execution Version ruled invalid (including due to Change in Law) by a court having proper jurisdiction, then the Parties shall: a. (i) promptly meet and negotiate a substitute for such provision or part thereof which shall, to the greatest extent legally permissible, effect the original intent of the Parties; and b. (ii) if necessary or desirable, apply to the court which declared such invalidity for an interpretation of the invalidated provision (or part thereof) to guide the negotiations.

Appears in 1 contract

Sources: Project Agreement