indicating to prospective financiers that ARENA has agreed to provide the funding set out in Schedule 4 for the purposes of the Activity. Amounts due to ARENA Without limiting any other of ARENA's rights or remedies, any amount owed or payable to ARENA (including by way of refund), or which ARENA is entitled to recover from the Recipient, under this Agreement will be recoverable by ARENA as a debt due and payable to ARENA by the Recipient. ARENA may set-off any money due for payment by ARENA to the Recipient under this Agreement against any money due for payment by the Recipient to ARENA under this Agreement or a Related Agreement. Variation No agreement or understanding varying or extending this Agreement is legally binding upon either party unless the agreement or understanding is in writing and signed by both parties. Approvals and consents Except where this Agreement expressly states otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any acceptance, approval or consent under this Agreement. Assignment and novation The Recipient may only assign its rights or novate its rights and obligations under this Agreement with the prior written consent of ARENA. Costs Each party must pay its own costs of negotiating, preparing and executing this Agreement. Counterparts This Agreement may be executed in counterparts. All executed counterparts constitute one document. No merger The rights and obligations of the parties under this Agreement do not merge on completion of any transaction contemplated by this Agreement. Entire agreement This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter. Further action Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to this Agreement and any transaction contemplated by it. Severability A term or part of a term of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the terms of this Agreement continue in force. Waiver Waiver of any provision of or right under this Agreement: must be in writing signed by the party entitled to the benefit of that provision or right; and
indicating to prospective financiers that ARENA has agreed to provide the funding set out in Schedule 4 for the purposes of the Activity. Amounts due to ARENA Without limiting any other of ARENA's rights or remedies, any amount owed or payable to ARENA (including by way of refund), or which ARENA is entitled to recover from the Recipient, under this Agreement will be recoverable by ARENA as a debt due and payable to ARENA by the Recipient. ARENA may set-off any money due for payment by ARENA to the Recipient under this Agreement against any money due for payment by the Recipient to ARENA under this Agreement or a Related Agreement. Variation No agreement or understanding varying or extending this Agreement is legally binding upon either party unless the agreement or understanding is in writing and signed by both parties. Approvals and consents Except where this Agreement expressly states otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any acceptance, approval or consent under this Agreement. Assignment and novation The Recipient may only assign its rights or novate its rights and obligations under this Agreement with the prior written consent of ARENA. Costs Each party must pay its own costs of negotiating, preparing and executing this Agreement. Counterparts This Agreement may be executed in counterparts. All executed counterparts constitute one document. No merger The rights and obligations of the parties under this Agreement do not merge on completion of any transaction contemplated by this Agreement. Entire agreement This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter. Further action Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to this Agreement and any transaction contemplated by it. Severability A term or part of a term of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the terms of this Agreement continue in force. Waiver Waiver of any provision of or right under this Agreement: must be in writing signed by the party entitled to the benefit of that provision or right; and
7006527_011_Template-funding-agreement-for-standard-projects.docx