Model Project Development Agreement Page 18
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88respect of fraudulent acts or in respect of any attempt or
conspiracy to defraud.
"Project"
means
the
development,
design,
engineering,
financing,
procurement,
insurance,
construction,
completion,
testing,
commissioning, ownership, operation, maintenance and transfer of
the Hydro Property.
"Project Affected
means all persons losing assets or use of resources as a direct result
People"
of the Project, including (i) people losing land they have held under
customary or traditional rights, (ii) people utilising common
property resources, (iii) squatters residing on public lands,
(iv) encroachers deprived of established access to resources,
(v) people with formally recognised property rights, and (vi) tenants,
artisans, and wage earners whose livelihoods or living standards
would be adversely affected as a direct result of the Project but
excluding persons opportunistically invading the Project Area, after
the issuance of a Survey Licence, for the purpose of obtaining
assistance.
"Project Area"
means the geographical area within which the Project shall be
developed, constructed and operated and includes the right of way
between the Power Station and the designated substation(s) or an
international border over which the Transmission Line shall be
constructed, as more fully described in Schedule 7.
"Project
means the project coordination committee as referred to in Section
Coordination
13.2.1.
Committee"
"Project Task
means the project task force as referred to in Section 13.3.1.
Force"
"Project Rights"
means all rights, title and interest in and to the Project and contracts
executed in connection with the Project.
"Project
means the Power Station specifications set out in Schedule 8 and the
Specifications"
transmission specifications set out in Schedule 9.
"Records"
means all legal, technical, commercial, financial and other
documents, including books, records, corporate and financial
documents, deeds, permits, leases, easements, manuals and drawings
of the Company relating to the Project, including all operating
manuals, operation summaries, transfer notes, design drawings and
historic operating and maintenance records.
"Related
means this Agreement and the Transaction Documents relating to
Agreement"
the Project.
"Renewal
means the costs of carrying out the Renewal Works.
Amount"
means the programme for the carrying out of the Renewal Works
"Renewal
over the Term in accordance with this Agreement as more fully set
12
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