Maximum firm obligation Notwithstanding anything else in this Agreement other than section 5.3, the Director is not obligated to issue more than [SCHEDULE B TOTAL] Credits under this Agreement. Evidence that may be considered by Director In making a Determination of Compliance or Determination of Non-Compliance, in relation to Designated Milestones, the Director may take into account any evidence available to the Director, provided that the Director must not make a Determination of Non-Compliance, or delay issuance beyond the period referred to in section 3.3, based on such evidence without first notifying the Supplier as soon as practicable of the evidence and giving the Supplier a reasonable opportunity to comment. FUTURE PART 3 AGREEMENTS – Representation of Intent The Director represents that it is his intention as of the Entry Date to offer to enter into one or more Part 3 Agreements with the Supplier, during the [YEAR(S)] Compliance Periods, or any combination of those Compliance Periods. Intended content The Director represents that his intention as of the Entry Date is that the agreement or agreements referred to in section 4.1 will, collectively with this Agreement, obligate the Director to issue to the Supplier the Credits identified in column 4 of the Schedule C of this Agreement on terms similar to section 3.1 and 5.3 of this Agreement, if the Supplier Completes as Required the Designated Schedule C Milestones associated with those Credits. No Fettering Nothing in this Agreement fetters the discretion of the Director in relation to the entry into, content or administration of future Part 3 Agreements with the Supplier. ISSUANCE CONDITIONAL ON SURPLUS CREDITS – Purpose of this Article The purpose of this Article is to, in combination with commitments made in Part 3 Agreements referred to in Article 4, and other Part 3 Agreements entered into with other Part 3 Suppliers, if a Designated Schedule C Milestone under this Agreement is Completed as Required, allow the Supplier to apply for and obtain the number of Credits shown in column 4 of Schedule C opposite that Designated Schedule C Milestone, and permit the Director to enter into future Part 3 Agreements that contain firm commitments, similar to those in section 3.1, to issue Credits for completion of Designated Milestones that are further in the future than would be permitted in the absence of this Article and similar provisions in other Part 3 Agreements,
Maximum firm obligation Notwithstanding anything else in this Agreement other than section 5.3, the Director is not obligated to issue more than [SCHEDULE B TOTAL] Credits under this Agreement. Evidence that may be considered by Director In making a Determination of Compliance or Determination of Non-Compliance, in relation to Designated Milestones, the Director may take into account any evidence available to the Director, provided that the Director must not make a Determination of Non-Compliance, or delay issuance beyond the period referred to in section 3.3, based on such evidence without first notifying the Supplier as soon as practicable of the evidence and giving the Supplier a reasonable opportunity to comment. – FUTURE PART 3 AGREEMENTS Representation of Intent The Director represents that it is his intention as of the Entry Date to offer to enter into one or more Part 3 Agreements with the Supplier, during the [YEAR(S)] Compliance Periods, or any combination of those Compliance Periods. Intended content The Director represents that his intention as of the Entry Date is that the agreement or agreements referred to in section 4.1 will, collectively with this Agreement, obligate the Director to issue to the Supplier the Credits identified in column 4 of the Schedule C of this Agreement on terms similar to section 3.1 and 5.3 of this Agreement, if the Supplier Completes as Required the Designated Schedule C Milestones associated with those Credits. No Fettering Nothing in this Agreement fetters the discretion of the Director in relation to the entry into, content or administration of future Part 3 Agreements with the Supplier. – ISSUANCE CONDITIONAL ON SURPLUS CREDITS Purpose of this Article The purpose of this Article is to, in combination with commitments made in Part 3 Agreements referred to in Article 4, and other Part 3 Agreements entered into with other Part 3 Suppliers, if a Designated Schedule C Milestone under this Agreement is Completed as Required, allow the Supplier to apply for and obtain the number of Credits shown in column 4 of Schedule C opposite that Designated Schedule C Milestone, and permit the Director to enter into future Part 3 Agreements that contain firm commitments, similar to those in section 3.1, to issue Credits for completion of Designated Milestones that are further in the future than would be permitted in the absence of this Article and similar provisions in other Part 3 Agreements,
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