Model Project Development Agreement Page 21
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88"Threshold
means [Ten (10) percent (%) of the total Project cost estimated by
Amount"
the Lenders under the Financing Agreements and indexed
1
appropriately]
.
means each of this Agreement, the Financing Documents and the
"Transaction
Documents"
key Project documents listed in Schedule 27.
"Transfer"
means the transfer as referred to in Section 24.1.1.
"Transferee"
means the transferee as referred to in Section 24.1.2.
"Transfer Date"
means the transfer date as referred to in Schedule 4.
"Transmission
means the licence issued under the Laws of Nepal to the Company
Licence"
or its Affiliate for construction of the Transmission Line and
transmission of electricity through it as amended or supplemented
from time to time.
"Transmission
means the [Insert details] kV transmission line running from [Insert
Line"
details] to[Insert details] which is to be constructed as part of the
Project, as more specifically described in Schedule 9.
means the United Nations Framework Convention on Climate
"UNFCCC"
Change adopted in New York on 9 May 1992.
"Village
means the village development committees as provided for in the
Development
Local Self Governance Act, 2055 (1999 AD).
Committees"
"Year"
means each twelve (12) Month period commencing in Vaisakh and
ending the following Chaitra under the Vikram calendar.
Interpretation
1.2
In this Agreement unless the contrary intention appears:
1.2.1 a reference to this Agreement or a reference to another instrument includes any
variation or replacement of either of them;
1.2.2 a reference to a statute, ordinance, code or other law includes regulations and
other instruments made under it and consolidations, amendments, re-enactments or
replacements of any of them;
1.2.3 the singular includes the plural and vice versa;
1.2.4 one gender includes any other gender;
1.2.5 a reference to a Person includes a reference to the person's executors,
administrators, successors, substitutes (including persons taking by novation) and
permitted assignees;
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NOTE TO DRAFT: To be discussed with commercial and technical advisers taking into account matters
such as (i) Project size, (ii) debt amount, (iii), Project specifications and features, and (iv) economic and
geological environment.
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