WRITTEN AMENDMENTS TO THIS AGREEMENT;
B.
THE ARTICLES OF THIS AGREEMENT; AND
C.
ATTACHMENTS AND SCHEDULES TO THIS
AGREEMENT.
21.15
RESTRICTIONS ON PUBLIC ANNOUNCEMENTS.
NEITHER
CONTRACTOR NOR ITS SUBCONTRACTORS OR SUB-SUBCONTRACTORS SHALL TAKE ANY
PHOTOGRAPHS OF ANY PART OF THE FACILITY, ISSUE A PRESS RELEASE, ADVERTISEMENT,
PUBLICITY MATERIAL, FINANCIAL DOCUMENT OR SIMILAR MATTER OR PARTICIPATE IN A
MEDIA INTERVIEW THAT MENTIONS OR REFERS TO THE WORK OR ANY PART OF THE FACILITY
WITHOUT THE PRIOR WRITTEN CONSENT OF OWNER; PROVIDED THAT CONTRACTOR SHALL NOT
BE REQUIRED TO OBTAIN OWNER'S PRIOR WRITTEN CONSENT OF CONTRACTOR'S ISSUANCE OF
A PRESS RELEASE TO CORRECT ANY ERRORS MADE BY OWNER CONCERNING CONTRACTOR IN A
PRIOR PRESS RELEASE ISSUED BY OWNER IF CONTRACTOR FIRST GIVES OWNER FIVE (5)
DAYS' PRIOR WRITTEN NOTICE OF CONTRACTOR'S INTENT TO ISSUE SUCH CORRECTIVE PRESS
RELEASE AND AN OPPORTUNITY OF OWNER TO CORRECT SUCH ERROR WITHIN SUCH FIVE (5)
DAY PERIOD.
OWNER AGREES TO COOPERATE WITH CONTRACTOR AND PROVIDE TO CONTRACTOR
FOR REVIEW AND COMMENT A COPY OF ANY PRESS RELEASE THAT MENTIONS OR REFERS TO
CONTRACTOR PRIOR TO THE ISSUANCE OF SUCH PRESS RELEASE; PROVIDED THAT OWNER
SHALL NOT BE REQUIRED TO OBTAIN CONTRACTOR'S PRIOR CONSENT PRIOR TO THE ISSUANCE
OF SUCH PRESS RELEASE.
CONTRACTOR ACKNOWLEDGES AND AGREES THAT OWNER SHALL BE
REQUIRED, FROM TIME TO TIME, TO MAKE DISCLOSURES AND PRESS RELEASES AND
APPLICABLE FILINGS WITH THE SEC IN ACCORDANCE WITH APPLICABLE SECURITIES LAWS,
THAT OWNER BELIEVES IN GOOD FAITH ARE REQUIRED BY APPLICABLE LAW OR THE RULES OF
ANY STOCK EXCHANGE.
IF ANY SUCH DISCLOSURE, PRESS RELEASE OR FILING INCLUDES
ANY REFERENCE TO CONTRACTOR, THEN OWNER SHALL PROVIDE AS MUCH NOTICE AS IS
PRACTICABLE TO CONTRACTOR TO PROVIDE IT WITH AN OPPORTUNITY TO COMMENT;
PROVIDED, HOWEVER, THE FINAL DETERMINATION SHALL REMAIN WITH OWNER.
CONTRACTOR
ACKNOWLEDGES THAT OWNER SHALL BE REQUIRED FROM TIME TO TIME TO
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MAKE FILINGS IN COMPLIANCE WITH APPLICABLE SECURITIES LAWS, INCLUDING A COPY OF
THIS AGREEMENT.
21.16
POTENTIAL LENDERS, POTENTIAL EQUITY INVESTORS AND
EQUITY PARTICIPANTS.
A.
POTENTIAL LENDERS.
OWNER SHALL PROVIDE TO
CONTRACTOR (I) THE IDENTITY OF POTENTIAL LENDERS THAT HAVE SIGNED
CONFIDENTIALITY AGREEMENTS WITH OWNER AND (II) A COPY OF THE PRELIMINARY
INFORMATION MEMORANDUM OR PRELIMINARY OFFERING CIRCULAR DISTRIBUTED TO SUCH
POTENTIAL LENDERS AND ANY FINAL LOAN AGREEMENTS EXECUTED WITH OWNER AND SUCH
POTENTIAL LENDERS.
AS USED HEREIN, "POTENTIAL LENDER" SHALL MEAN ANY COMMERCIAL
BANK, INSURANCE COMPANY, INVESTMENT OR MUTUAL FUND OR OTHER ENTITY THAT IS AN
"ACCREDITED INVESTOR" (AS DEFINED IN RULE 501 OF REGULATION D PROMULGATED UNDER
THE SECURITIES ACT OF 1933, AS AMENDED) AND WHICH EXTENDS CREDIT, BUYS LOANS AND
IS IN THE BUSINESS OF LENDING AS ONE OF ITS BUSINESSES.
B.
POTENTIAL EQUITY INVESTORS.
PRIOR TO
DISCLOSURE OF ANY WORK PRODUCT BY OWNER TO ANY POTENTIAL EQUITY INVESTOR IN
OWNER IN CONNECTION WITH THE PROJECT, OWNER SHALL (I) OBTAIN CONTRACTOR'S
WRITTEN CONSENT (SUCH CONSENT NOT TO BE UNREASONABLY WITHHELD) TO THE
DESCRIPTION OF THE WORK PRODUCT TO BE DISCLOSED, AND (II) OBTAIN A WAIVER FROM
SUCH POTENTIAL