Model Project Development Agreement Page 17
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88means the Non-GON project land as referred to in Section 10.2.1.
"Non-GON
Project Land"
"Notice of
means a notice issued by either Party to the other Party stating that it
Transfer"
wishes to exercise its option to have the Hydro Property transferred
pursuant to Section 18.4 and proposing a date of transfer not later
than ninety (90) Days after the date of delivery of such notice.
"O&M
means the Contractor(s) engaged in the operation and maintenance
Contractor"
of the Hydro Property.
"Other
Force
means the other force majeure event as referred to in Section 16.1.2.
Majeure Event"
"Performance
means a bond in the amount pursuant to Section 15.21 and to be
Security"
provided in accordance with Section 2.2.2 hereof, in Dollars, which
shall be in the form of either:
(A)
an unconditional and irrevocable bank guarantee issued by
a Nepalese bank; or
(B)
an unconditional and irrevocable bank guarantee of an
international bank duly endorsed by a first category
Nepalese bank,
in each case, acceptable to the GON.
1.1.4
1.1.5
"Person"
means an individual, corporation, partnership, joint venture, trust or
unincorporated organization, or a government or any agency or
political subdivision thereof (including any GON Agency).
"Plans"
means the plans as referred to in Section 15.2.1.
"Political
Force
means the political force majeure event as referred to in Section
Majeure Event"
16.1.3.
"Power Station"
means all structural components from headworks to the tailrace,
reservoir, reregulating structure and reservoir (if applicable),
transmission line (if dedicated), switchyard and any other works
necessary for commercial production, the full specifications of
which are set out in Schedule 8.
"Prohibited Act"
means:
(A)
offering, giving or agreeing to give to any person any gift
or consideration of any kind as an inducement or reward
(i) for doing or not doing (or for having done or not done)
any act in relation to the Project or performance of the
Project, or (ii) for showing or not showing any kind of
favour or disfavour to any person in relation to the Project;
or
(B)
committing any offence under any legislation applicable to
the Company for the prevention of corruption or bribery, in
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