Performance under Other Agreements. The Borrower shall duly perform and observe in all material respects all of the covenants, agreements and conditions on its part to be performed and observed under each Project Contract to which it is a party. The Borrower shall diligently enforce all of its rights under each Contract except to the extent that the failure to enforce such rights could not reasonably be expected to (i) have a material adverse effect on the business, operations, property, condition (financial or otherwise) or prospects of the Borrower, (ii) materially adversely affect the Borrower's ability to perform its obligations under the Basic Documents to which it is a party or (iii) delay Substantial Completion of the Facility beyond December 31, 1993. The Borrower shall have the right to terminate any Contract (other than the Project Contracts and the Capital Contribution Agreement) except to the extent that the exercise of such right could reasonably be expected to (i) have a material adverse effect on the business, operations, properties, condition (financial or otherwise) or prospects of the Borrower, (ii) materially adversely affect the Borrower's ability to perform its obligations under the Basic Documents to which it is a party or (iii) delay Substantial Completion of the Facility beyond December 31, 1993.
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Performance under Other Agreements. The Borrower shall duly perform and observe all of the covenants, agreements and conditions on its part to be performed and observed hereunder and under the Notes and the Collateral Security Documents to which it is a party, and shall duly perform and observe in all material respects all of the covenants, agreements and conditions on its part to be performed and observed under each Project Contract the other Basic Documents to which it is a party. The Borrower shall diligently enforce all of its rights under each Assigned Contract except to the extent that the failure to enforce such rights could not reasonably be expected to (i) have a material adverse effect on the business, operations, property, condition (financial or otherwise) or prospects of the Borrower, Borrower or (ii) materially adversely affect the Borrower's ability to perform its obligations under the Basic Documents to which it is a party or (iii) delay Substantial Completion of the Facility beyond December 31, 1993party. The Borrower shall have the right to terminate any Assigned Contract (other than the Project Contracts and the Capital Contribution Agreement) except to the extent that the exercise of such right could reasonably be expected to (i) have a material adverse effect on the business, operations, properties, condition (financial or otherwise) or prospects of the Borrower, Borrower or (ii) materially adversely affect the Borrower's ability to perform its obligations under the Basic Documents to which it is a party or (iii) delay Substantial Completion of the Facility beyond December 31, 1993party.
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Sources: Construction and Term Loan Agreement (Cogen Technologies Inc)