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Information Doc RFPWTE - Petroleum Corporation Of Jamaica

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6. After the Agreement Date and on or before the Effective<br />

Date, no<br />

change in, addition to or deletion of any provision of any<br />

applicable law, statute, regulation or interpretation thereof<br />

by any regulatory authority having jurisdiction, shall be<br />

made which would, if effective, make the execution or<br />

performance by USER of any provision in this Agreement<br />

a violation of any law, statute or regulation.<br />

7. After the Agreement Date and on or before the Effective<br />

Date, there shall not have occurred any change, financial or<br />

otherwise, in the condition of the Supplier that would<br />

materially and adversely affect the ability of the Supplier to<br />

execute, deliver and perform this Agreement or any<br />

agreement or instrument entered into or to be entered into<br />

by the Supplier pursuant to this Agreement.<br />

8. Financing sufficient for construction of the Facility and the<br />

Facility must be obtained, or provided for, by USER.<br />

9. USER shall have entered into a definitive agreement with<br />

the relevant Authority for purchase and sale of electricity<br />

from the Facility.<br />

c) Conditions Precedent for Supplier<br />

The following are the conditions precedent to the Agreement taking effect<br />

applicable to the Supplier:<br />

1. All applicable environmental, regulatory and other<br />

governmental permits, licenses and authorizations<br />

necessary for Supplier to meet its<br />

Acceptable Waste Delivery obligations under the<br />

Agreement shall have been obtained under terms and<br />

conditions acceptable to the Supplier.<br />

2. No action, suit, proceeding or official investigation shall<br />

have been commenced by any government authority or<br />

agency, in any, that seeks to enjoin, assess civil or criminal<br />

penalties against, assess civil damages against or obtain any<br />

53

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