Model Project Development Agreement Page 15

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Proportion"
above which a power purchase agreement would cease to be
achievable.
1.1.3
means:
"Hydro Property"
(A)
the Power Station; and
(B)
the Transmission Line,
together with all Restorations, all fixed and movable assets, fixtures,
fittings, spare parts, plants and equipment (including test equipment
and special tools and vehicles used in plant management and
operation), all improvements, associated facilities, infrastructure and
works.
"ICC"
means the International Chamber of Commerce as referred to in
Section 21.4.4.
"Indemnified
means the indemnified person as referred to in Section 5.6.1.
Person"
"Independent
means an independent consulting engineering company, of
Engineer"
international repute having relevant expertise in the field of
hydro-electric projects, appointed in accordance with Section 4.
"Initiating Party"
means the initiating party as referred to in Section 21.4.3.
"Insurance
means the insurance policies as referred to in Schedule 6.
Policies"
means the UNFCCC, the Kyoto Protocol, the Marrakesh Accords
"International
and any relevant decisions, guidelines, modalities and procedures
Rules"
made pursuant or issued thereto, as amended from time to time,
including any successor or supplementary international agreements.
means those of best international practices and guidelines
"Key Guidelines"
satisfactory to the GON, Lenders, insurers and guarantors, as
specified in Schedule 23 or as otherwise notified by the GON to the
Company.
"kW"
means kilowatt.
"kWh"
means kilowatt-hour.
"Kyoto Protocol"
means the Protocol to the UNFCCC adopted at the Third Conference
of the Parties to the UNFCCC in Kyoto, Japan on 11 December
1997, as may be amended from time to time.
"Land Acquisition
means the land acquisition application as referred to in Section
Application"
10.2.2.
"Laws of Nepal"
means:
(A)
the Constitution of Nepal and all Nepalese laws, statutes,
treaties, rules, codes, ordinances, regulations, certificates,
9

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