Withdrawals upon Termination. 31.4.1 Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order:
Withdrawals upon Termination. Upon termination of the Contract, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, be appropriated and dealt with in the orderspecified in Clause 3.2 above.
Withdrawals upon Termination. 26.4.1 Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Project Account shall, upon Termination, be appropriated in the following order:
Withdrawals upon Termination. Upon Termination of the Contract, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, shall be appropriated in the following order: all taxes due and payable by the Operator for and in respect of the Project; 90% (ninety per cent) of Debt Due excluding Subordinated Debt; all payments and Damages certified by the Authority as due and payable to it by the Operator pursuant to the SCOM Agreement and any claims in connection with or arising out of Termination; retention and payments arising out of, or in relation to, liability for defects and deficiencies set forth in Article 34 of the SCOM Agreement; outstanding Debt Service including the balance of Debt Due; outstanding Subordinated Debt; incurred or accrued O&M Expenses; any other payments required to be made under the SCOM Agreement; and balance if any, in accordance with the instructions of the Operator: Provided that the disbursements specified in Sub-clause (j) of this Clause 4.2 shall be undertaken only after the Vesting Certificate has been issued by the Authority. Application of insufficient funds Funds in the Escrow Account shall be applied in the serial order of priority set forth in Clauses 4.1. If the funds available are not sufficient to meet all the requirements, the Escrow Bank shall apply such funds in the serial order of priority until exhaustion thereof. Application of insurance proceeds Notwithstanding anything in this Agreement, the proceeds from all insurance claims, except life and injury, shall be deposited into and/or credited to the Escrow Account and utilised for any necessary repair, reconstruction, reinstatement, replacement, improvement, delivery or installation of the Project, and the balance remaining, if any, shall remain deposited in the Escrow Account. OBLIGATIONS OF THE ESCROW BANK Segregation of funds Monies and other property received by the Escrow Bank under this Agreement shall, until used or applied in accordance with this Agreement, be held by the Escrow Bank in trust for the purposes for which they were received and shall be segregated from other funds and property of the Escrow Bank. Notification of balances [●] business days prior to each Payment Date (and for this purpose the Escrow Bank shall be entitled to rely on an affirmation by the Authority as to the relevant Payment Dates), the Escrow Bank shall notify the Authority of the balances and any anticipated shortfall in the Escrow Account and Sub-Accounts a...
Withdrawals upon Termination. Expiry of Agreement Upon the earlier of
Withdrawals upon Termination. Upon Termination of the Concession Agreement, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, be appropriated by the Authority.
Withdrawals upon Termination. Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order; all taxes due and payable by the Concessionaire for and in respect of the Project Highway; payment due to Lenders; all payments and Damages certified by the Authority as due and payable to it by the Concessionaire; retention and payments relating to the liability for defects and deficiencies set forth in [Article 31]; incurred or accrued O&M Expenses; any other payments required to be made under this Agreement; and balance, if any, in accordance with the instructions of the Concessionaire; Provided that no appropriations shall be made under Sub-clause (i) of this Clause 23A.4.1 until a Vesting Certificate has been issued by the Authority under the provisions of Article 30. The Provisions of this Article 23A and the instructions contained in the Escrow Agreement shall remain in full force and effect until the obligations set forth in Clause 23A.4.1 have been discharged.
Withdrawals upon Termination. 23A.4.1 Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order: all taxes due and payable by the Concessionaire for and in respect of the Project Highway; payment due to Lenders; all payments and Damages certified by the Authority as due and payable to it by the Concessionaire; retention and payments relating to the liability for defects and deficiencies set forth in [Article 32]; incurred or accrued O&M Expenses; any other payments required to be made under this Agreement; and balance, if any, in accordance with the instructions of the Concessionaire:
Withdrawals upon Termination. Upon Termination of the Service Agreement, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, be appropriated and dealt with in the following order:
Withdrawals upon Termination. 5.6.1 Upon Termination of the Agreement For Procurement of Power, if the Utility fails to make the Termination Payment due and payable to the Supplier within a period of 30 (thirty) days from the date of demand by the Supplier under and in accordance with the provisions of the Power Purchase Agreement, the Supplier may by notice, convey the necessary particulars and instruct the Default Escrow Bank to make the Termination Payment in accordance with this Clause 5.6.
