Common use of Transporter Conditions Precedent Clause in Contracts

Transporter Conditions Precedent. (a) Transporter may advance, in its reasonable discretion, construction of the Interconnection Facilities from the Effective Date, but shall have no obligation to complete the Interconnection Facilities, or perform the Service, until satisfaction, or waiver in Transporter's sole discretion, of the conditions precedent set out below: (i) approval by the BCUC of the terms of this Agreement, on terms, including conditions, if any, satisfactory to Transporter, in its sole discretion, on or before September 1, 2021; (ii) review of any constructability issues pertaining to the Interconnection Facilities, including geophysical testing, satisfactory to Transporter, acting reasonably, on or before June 30, 2022; (iii) receipt by Transporter of all Permits on terms acceptable to Transporter, in its sole discretion, on or before June 30, 2022; (iv) execution by Transporter, in its sole discretion, of all necessary agreements, including right-of-way and related land access agreements, required for construction and operation of the Interconnection Facilities, on terms acceptable to Transporter, acting reasonably, on or before June 30, 2022; and (v) satisfaction or waiver by Transporter of all conditions precedent set forth for its benefit in section 4.4(a) of each of the TSAs, on or before the dates for completion of such conditions precedent set forth in the TSAs. (b) Transporter shall use reasonable efforts to satisfy, or cause the satisfaction of, the conditions precedent set forth in sections 4.2(a)(i) through 4.2(a)(v) and following the satisfaction or waiver of such conditions precedent shall be responsible for the design, construction and operation of the Interconnection Facilities. (c) Transporter shall notify Shipper upon determining that satisfaction of a condition precedent set forth in section 4.2(a) is not reasonably possible, or upon satisfying, or waiving, as applicable, such condition precedent. If notice is not provided by the date a condition precedent is required to be completed, such condition precedent shall be deemed to have not been satisfied. The dates for satisfaction of the conditions precedent in section 4.2(a) shall be extended by the duration of an event of Force Majeure which has prevented the satisfaction of any such conditions precedent.

Transporter Conditions Precedent. (a) Transporter may advance, in its reasonable discretion, construction of the Interconnection Facilities from the Effective Date, but shall have no obligation to complete the Interconnection Facilities, or perform the Service, until satisfaction, or waiver in Transporter's sole discretion, of the conditions precedent set out below: (i) approval by the BCUC of the terms of this Agreement, on terms, including conditions, if any, satisfactory to Transporter, in its sole discretion, on or before September 1, 2021; (ii) review of any constructability issues pertaining to the Interconnection Facilities, including geophysical testing, satisfactory to Transporter, acting reasonably, on or before June 30, 2022; (iii) receipt by Transporter of all Permits on terms acceptable to Transporter, in its sole discretion, on or before June 30, 2022; (iv) execution by Transporter, in its sole discretion, of all necessary agreements, including right-of-way and related land access agreements, required for construction and operation of the Interconnection Facilities, on terms acceptable to Transporter, acting reasonably, on or before June 30, 2022; and (v) satisfaction or waiver by Transporter of all conditions precedent set forth for its benefit in section 4.4(a) of each of the TSAsTSA, on or before the dates for completion of such conditions precedent set forth in the TSAsTSA. (b) Transporter shall use reasonable efforts to satisfy, or cause the satisfaction of, the conditions precedent set forth in sections 4.2(a)(i) through 4.2(a)(v) and following the satisfaction or waiver of such conditions precedent shall be responsible for the design, construction and operation of the Interconnection Facilities). (c) Transporter shall notify Shipper upon determining that satisfaction of a condition precedent set forth in section 4.2(a) is not reasonably possible, or upon satisfying, or waiving, as applicable, such condition precedent. If notice is not provided by the date a condition precedent is required to be completed, such condition precedent shall be deemed to have not been satisfied. The dates for satisfaction of the conditions precedent in section 4.2(a) shall be extended by the duration of an event of Force Majeure which has prevented the satisfaction of any such conditions precedent.