Common use of Sharing Arrangements Clause in Contracts

Sharing Arrangements. ‌ 5.6.1 The Participants acknowledge that the transparency and visibility of the legal and commercial arrangements between them and between the Participants and the Owner is essential for the successful delivery of the Project and in order to deliver the commitments set out in this clause 5. 5.6.2 Accordingly, at the Commencement Date and at all times thereafter, each Participant severally warrants to each other Participant and the Owner that it and none of its Affiliated Undertakings have entered and will not enter into any sharing arrangement, joint venture, partnership or other similar arrangement with any of the other Participants or any of their Affiliated Undertakings in relation to any legal or beneficial interest in its:‌ 5.6.2.1 allocation under this Agreement of any Reimbursable Cost; or 5.6.2.2 rights or liabilities arising under clause 6.4, (”Sharing Arrangement”), and that all legal, commercial and financial arrangements between it or any of its Affiliated Undertakings and the other Participants or any of their Affiliated Undertakings in relation to the Project and its rights and liabilities under this Agreement are exclusively and exhaustively set out in this Agreement. 5.6.3 A breach of this clause 5.6 will be deemed to be a Wilful Default by any Participant who is party to the relevant Sharing Arrangement.

Appears in 1 contract

Sources: Project Alliance Agreement

Sharing Arrangements. ‌ 5.6.1 The Participants acknowledge that the transparency and visibility of the legal and commercial arrangements between them and between the Participants and the Owner is essential for the successful delivery of the Project and in order to deliver the commitments set out in this clause Section 5. 5.6.2 Accordingly, at the Commencement Date and at all times thereafter, each Participant severally warrants to each other Participant and the Owner that it and none of its Affiliated Undertakings Affiliates have entered and will not enter into any sharing arrangement, joint venture, partnership or other similar arrangement with any of the other Participants or any of their Affiliated Undertakings Affiliates in relation to any legal or beneficial interest in its:‌ 5.6.2.1 its: allocation under this Agreement of any Reimbursable CostActual Costs or Fee; or 5.6.2.2 allocation of Gainshare, Painshare, Performance Reward Amount, or Performance Liability Amount under this Agreement; or rights or liabilities arising under clause Section 6.4, (Sharing Arrangement”), and that all legal, commercial and financial arrangements between it or any of its Affiliated Undertakings Affiliates and the other Participants or any of their Affiliated Undertakings Affiliates in relation to the Project and its rights and liabilities under this Agreement are exclusively and exhaustively set out in this Agreement. 5.6.3 A breach of this clause Section 5.6 will be deemed to be a Wilful Default by any Participant who is party to the relevant Sharing Arrangement.

Appears in 1 contract

Sources: Project Alliance Agreement