Outline Construction Contractor Direct Agreement Page 5
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20IT IS AGREED as follows:
1.
DEFINITIONS AND CONSTRUCTION
1.1
Definitions
In this Agreement, (including the recitals and Schedules) unless the context otherwise
requires:
1.1.1 terms and expressions defined in the Principal Contract shall (unless otherwise
defined herein) have the same meaning in this Agreement; and
1.1.2 the following terms shall have the following meanings:
“Agreement” means this document including the recitals and the Schedules
hereto.
“Construction Contract” means the agreement made on or about the date of
this Agreement between (1) the Contractor and (2) the Construction
Contractor.
[“Construction Contract Parent Company Guarantee” means the parent
company guarantee provided by the Guarantor pursuant to the Construction
Contract.]
[“Cut Off Date” means the date upon which all the conditions in clause
[10.7] of the Financier’s Direct Agreement have been satisfied.]
“Effective Novation Date” has the meaning given to it in Clause 4.3.
“Financier’s Direct Agreement” has the meaning given to it in the Principal
Contract.
“Lead Authority” means ESCC unless B&HCC is appointed pursuant to the
Principal Contract and notified to the other Parties to this Agreement.
“Novation Agreement” means an agreement to be entered into in accordance
with Clause 4.6.2.
“Party” or “Parties” means a party or the parties to this Agreement, as
applicable.
“Principal Contract” means the Principal Contract dated [
]
between (1) B & HCC, (2) ESCC and (3) the Contractor.
“Proposed Novation Notice” has the meaning given to it in Clause 4.1.
“Proposed Substitute” has the meaning given to it in Clause 4.1.
[“Representative” has the meaning given to it in the Financier’s Direct
Agreement.]
[“Senior Lender/Security Trustee/Agent]” means
.]
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