Retained Payments. 9.3.1 Notwithstanding anything to the contrary contained in Clause 9.1, [five percent (5%)] of the amount of Fixed Payments payable to the Company for Dependable Capacity (“Retained Amount”) shall be withheld by GPL to ensure the complete satisfaction by the Company of all of its obligations with respect to the Facility under Clause 4.2; provided that the Retained Amount shall never be greater than [ten percent (10%)] of the amount of Fixed Payments payable to the Company for Dependable Capacity or the Guyana Dollar equivalent at the prevailing exchange rate. 9.3.2 The Company may apply to GPL for payment of the Retained Amount, and GPL shall pay to the Company an amount equal to the Retained Amount if in the reasonable opinion of GPL, the Company has fully satisfied all of its obligations under Clause
Appears in 2 contracts