Proposed Substitute. At any time that the Authority is entitled to give a Step-in Notice pursuant to Section 3.1 or at any time during the Step-in Period, the Authority may give notice (a "Proposed Transfer Notice") to the Material Project Contractor that it wishes itself or another person (a "Proposed Substitute") to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Contract and specifying a date (the "Proposed Transfer Date"): (a) if the Authority has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement; (b) if the Material Project Contractor has given a Termination Notice but the Authority has not given a Step-in Notice, no later than expiry of the Termination Notice; and (c) if the Authority has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Subject to Section 3, the Material Project Contractor will not be entitled to terminate the Material Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 3 contracts
Sources: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement
Proposed Substitute. At any time that the Authority is entitled to give a Step-in Notice pursuant to Section 3.1 or at any time during the Step-in Period, the Authority may give notice (a "Proposed Transfer Notice") to the Material Project Contractor that it wishes itself or another person (a "Proposed Substitute") to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Contract and specifying a date (the "Proposed Transfer Date"):
(a) if the Authority has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement;Agreement;
(b) if the Material Project Contractor has given a Termination Notice but the Authority has not given a Step-in Notice, no later than expiry of the Termination Notice; andand
(c) if the Authority has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Notice. Subject to Section 3, the Material Project Contractor will not be entitled to terminate the Material Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 2 contracts
Sources: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement
Proposed Substitute. At any time that the Authority is entitled to give a Step-in In Notice pursuant to Section 3.1 or at any time during the Step-in In Period, the Authority may give notice (a "“Proposed Transfer Notice"”) to the Material Project Contractor Design-Builder that it wishes itself or another person (a "“Proposed Substitute"”) to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Operations Co under the Material Contract Design-Build Agreement and specifying a date (the "“Proposed Transfer Date"”):
(a) if the Authority has terminated the Project Agreement but has not given a Step-in In Notice, no later than 15 Business Days after termination of the Project Agreement;
(b) if the Material Project Contractor Design-Builder has given a Termination Notice but the Authority has not given a Step-in In Notice, no later than expiry expiration of the Termination Notice; and
(c) if the Authority has given a Step-in In Notice (whether or not the Step-in In Period has commenced), no later than 30 days 20 Business Days after the date of the Proposed Transfer Notice. Subject to Section 3, the Material Project Contractor Design-Builder will not be entitled to terminate the Material Contract Design-Build Agreement during the notice period specified in a Proposed Transfer Notice.
Appears in 2 contracts
Sources: Lenders’ Remedies Agreement, Assignment of Master Agreement
Proposed Substitute. At any time that the Authority is entitled to give a Step-in Notice pursuant to Section 3.1 or at any time during the Step-in Period, the Authority may give notice (a "Proposed Transfer Notice") to the Material Project Contractor that it wishes itself or another person (a "Proposed Substitute") to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Contract and specifying a date (the "Proposed Transfer Date"):
(a) if the Authority has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement;
(b) if the Material Project Contractor has given a Termination Notice but the Authority has not given a Step-in Notice, no later than expiry of the Termination Notice; and
(c) if the Authority has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Subject to Except as contemplated in Section 33.8, the Material Project Contractor will not be entitled to terminate the Material Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 2 contracts
Sources: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement
Proposed Substitute. At any time that the Authority City is entitled to give a Step-in Notice pursuant to Section 3.1 or at any time during the Step-in Period, the Authority City may give notice (a "Proposed Transfer Notice") to the Material Project Contractor that it wishes itself or another person (a "Proposed Substitute") to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Project Contract and specifying a date (the "Proposed Transfer Date"):
(a) if the Authority City has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement;
(b) if the Material Project Contractor has given a Termination Notice but the Authority City has not given a Step-in Notice, no later than expiry of the Termination Notice; and
(c) if the Authority City has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Subject to Section 3, the Material Project Contractor will not be entitled to terminate the Material Project Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 1 contract
Sources: Project Agreement
Proposed Substitute. At any time that the Authority is entitled to give a Step-in Notice pursuant to Section 3.1 [Step-In Notice] or at any time during the Step-in Period, the Authority may give notice (a "Proposed Transfer Notice") to the Material Project Contractor that it wishes itself or another person (a "Proposed Substitute") to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Contract and specifying a date (the "Proposed Transfer Date"):
(a) if the Authority has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement;
(b) if the Material Project Contractor has given a Termination Notice but the Authority has not given a Step-in Notice, no later than expiry of the Termination Notice; and
(c) if the Authority has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Subject to Section 33 [Step-In and Step-Out], the Material Project Contractor will not be entitled to terminate the Material Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 1 contract
Sources: Collateral Agreement
Proposed Substitute. At any time that the Authority is entitled to give a Step-in Notice pursuant to Section 3.1 or at any time during the Step-in Period, the Authority may give notice (a "Proposed Transfer Notice") to the Material Project Contractor that it wishes itself or another person Person (a "Proposed Substitute") to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Contract and specifying a date (the "Proposed Transfer Date"):
(a) if the Authority has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement;
(b) if the Material Project Contractor has given a Termination Notice but the Authority has not given a Step-in Notice, no later than expiry of the Termination Notice; and
(c) if the Authority has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Subject to Section 3, the Material Project Contractor will not be entitled to terminate the Material Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 1 contract
Proposed Substitute. At any time that the Authority is entitled to give a Step-in In Notice pursuant to Section 3.1 or at any time during the Step-in In Period, the Authority may give notice (a "“Proposed Transfer Notice"”) to the Material Project Contractor Service Provider that it wishes itself or another person (a "“Proposed Substitute"”) to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Operations Co under the Material Services Contract and specifying a date (the "“Proposed Transfer Date"”):
(a) if the Authority has terminated the Project Agreement but has not given a Step-in In Notice, no later than 15 Business Days after termination of the Project Agreement;
(b) if the Material Project Contractor Service Provider has given a Termination Notice but the Authority has not given a Step-in In Notice, no later than expiry expiration of the Termination Notice; and
(c) if the Authority has given a Step-in In Notice (whether or not the Step-in In Period has commenced), no later than 30 days 20 Business Days after the date of the Proposed Transfer Notice. Subject to Section 3, the Material Project Contractor Service Provider will not be entitled to terminate the Material Services Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 1 contract
Sources: Assignment of Master Agreement
Proposed Substitute. At any time that the Authority Owner is entitled to give a Step-in Notice pursuant to Section 3.1 or at any time during the Step-in Period, the Authority Owner may give notice (a "Proposed Transfer Notice") to the Material Project Contractor Design-Builder that it wishes itself or another person Person (a "Proposed Substitute") to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Contract and specifying a date (the "Proposed Transfer Date"):
(a) if the Authority Owner has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement;
(b) if the Material Project Contractor Design-Builder has given a Termination Notice but the Authority Owner has not given a Step-Step- in Notice, no later than expiry of the Termination Notice; and
(c) if the Authority Owner has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Subject to Section 3, the Material Project Contractor Design-Builder will not be entitled to terminate the Material Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 1 contract
Sources: Design Builder Collateral Agreement
Proposed Substitute. At any time that the Authority City is entitled to give a Step-in Notice pursuant to Section 3.1 [Step-In Notice] or at any time during the Step-in Period, the Authority City may give notice (a "“Proposed Transfer Notice"”) to the Material Project Contractor that it wishes itself or another person (a "“Proposed Substitute"”) to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Project Contract and specifying a date (the "“Proposed Transfer Date"”):
(a) if the Authority City has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement;
(b) if the Material Project Contractor has given a Termination Notice but the Authority City has not given a Step-in Notice, no later than expiry of the Termination Notice; and
(c) if the Authority City has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Subject to Section 33 [Step-In and Step-Out], the Material Project Contractor will not be entitled to terminate the Material Project Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 1 contract
Sources: Project Agreement
Proposed Substitute. At any time that the Authority is entitled to give a Step-in Notice pursuant to Section 3.1 or at any time during the Step-in Period, the Authority may give notice (a "Proposed Transfer Notice") to the Material Project Contractor that it wishes itself or another person (a "Proposed Substitute") to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Contract and specifying a date (the "Proposed Transfer Date"):
(a) if the Authority has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement;Agreement if the Project Agreement;
(b) if the Material Project Contractor has given a Termination Notice but the Authority has not given a Step-in Notice, no later than expiry of the Termination Notice; andand
(c) if the Authority has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Notice. Subject to Section 3, the Material Project Contractor will not be entitled to terminate the Material Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 1 contract
Proposed Substitute. At any time that the Authority is entitled to give a Step-in Notice pursuant to Section 3.1 or at any time during the Step-in Period, the Authority may give notice (a "“Proposed Transfer Notice"”) to the Material Project Contractor that it wishes itself or another person Person (a "“Proposed Substitute"”) to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Contract and specifying a date (the "“Proposed Transfer Date"”):
(a) if the Authority has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement;
(b) if the Material Project Contractor has given a Termination Notice but the Authority has not given a Step-in Notice, no later than expiry of the Termination Notice; and
(c) if the Authority has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Subject to Section 3, the Material Project Contractor will not be entitled to terminate the Material Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 1 contract
Proposed Substitute. At any time that the Authority is entitled to give a Step-in Notice pursuant to Section 3.1 or at any time during the Step-in Period, the Authority may give notice (a "Proposed Transfer Notice") to the Material Project Contractor that it wishes itself or another person (a "Proposed Substitute") to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Contract and specifying a date (the "Proposed Transfer Date"):
(a) if the Authority has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement if the Project Agreement;
(b) if the Material Project Contractor has given a Termination Notice but the Authority has not given a Step-in Notice, no later than expiry of the Termination Notice; and
(c) if the Authority has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Subject to Section 3, the Material Project Contractor will not be entitled to terminate the Material Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 1 contract
Proposed Substitute. At any time that the Authority is entitled to give a Step-in Notice pursuant to Section 3.1 or at any time during the Step-in Period, the Authority may give notice (a "Proposed Transfer Notice") to the Material Project Contractor Contract Party that it wishes itself or another person (a "Proposed Substitute") to assume, by way of sale, assignment, transfer or other disposal, the rights and obligations of Project Co under the Material Contract and specifying a date (the "Proposed Transfer Date"):
(a) if the Authority has terminated the Project Agreement but has not given a Step-in Notice, no later than 15 Business Days after termination of the Project Agreement;
(b) if the Material Project Contractor Contract Party has given a Termination Notice but the Authority has not given a Step-in Notice, no later than expiry of the Termination Notice; and
(c) if the Authority has given a Step-in Notice (whether or not the Step-in Period has commenced), no later than 30 days after the date of the Proposed Transfer Notice. Subject to Section 3, the Material Project Contractor Contract Party will not be entitled to terminate the Material Contract during the notice period specified in a Proposed Transfer Notice.
Appears in 1 contract