Model Project Development Agreement Page 8
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881.
DEFINITIONS AND INTERPRETATION
Definitions
1.1
Unless the subject or the context otherwise requires, the following terms have the
following meanings wherever used in this Agreement:.
means the Party adversely affected by a Force Majeure Event in
"Affected Party"
accordance with, and subject to the terms of, Section 16.
means any Person that directly, or indirectly through one or more
"Affiliate"
intermediaries, Controls, or is Controlled by, or is under common
Control with, another Person.
"Agreement"
means this Project Development Agreement (including all
Schedules, Annexes, Attachments and Exhibits) between the GON
and the Company, as amended, modified and supplemented from
time to time in accordance with the terms hereof.
"Agreement
means the date of this Agreement.
Date"
"Alternative Cost"
means the purchaser's fully allocated cost of the next most economic
source of similar volumes of energy and capacity absent a power
purchase agreement between the Company and such third party for
sale of energy and capacity from the Hydro Property.
"Bid Security"
means the security for the amount of [Insert amount] provided by
the Company to the GON on or before the Agreement Date.
"Bonus Amount"
means the amount as referred to in Section 15.10.1.
"Business Day"
means any Day on which the offices of the GON are open for
business.
"Capacity
means the royalty charged on the installed capacity of the Power
Station pursuant to Section 15.22 of this Agreement.
Royalty"
"Capacity Royalty
means the royalty payable to the GON every Year by the Company
Rate"
against and at the rate of per kW of installed capacity of the Power
Station pursuant to Section 15.22 of this Agreement.
"Carbon Dioxide
means the internationally accepted base reference from time to time
Equivalent"
for the indication and determination of the global warming potential
of greenhouse gases in units of carbon dioxide.
"National
Level
means the fund as provided for in the Bonus Act, 2030 (1973 AD)
Welfare Fund"
and Labour Act, 2048 (1992 AD).
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