Amended to (SAA). If the Concessionaire becomes entitled to terminate this Concession Agreement under Clause 36.2.1, the Concessionaire shall, if it elects to terminate this Concession Agreement, give written notice of termination to the Grantor stating the nature and extent of the default. If the Event of Default is remediable and the default (being a remediable Event of Default) is not remedied within 60 days of the date of such notice, this Concession Agreement shall terminate at the end of the said 60 day period upon service of a second notice of termination by the Concessionaire to the Grantor. Where a remediable Grantor Default is not reasonably capable of remedy or the consequences of a non-remediable Grantor Default cannot be alleviated within the said period of 60 days, the Grantor shall take all reasonable steps to remedy or alleviate the consequences of the relevant Grantor Default (as the case may be) to the greatest extent possible within the 60 day period and prior to the expiry of such period shall make proposals to the Concessionaire in relation to the completion of the remediation or alleviation of the relevant Grantor Default (as the case may be). In the event that the Concessionaire does not (acting reasonably) accept the Grantor's proposals for the remediation or alleviation of the consequences of the Grantor Default or having accepted such proposals the Grantor fails to remedy the Event of Default in accordance therewith, the Concessionaire may forthwith terminate this Concession Agreement on written notice to the Grantor. Any Dispute between the Parties as to whether the Concessionaire is entitled to terminate this Concession Agreement pursuant to this Clause 36.2 may be referred by either Party by notice to the Dispute Resolution Procedure, and the termination of this Concession Agreement shall not take effect unless and until the relevant Dispute has been finally determined by the Dispute Resolution Procedure in favour of the Concessionaire.
Amended to (SAA). This Second Amendment Agreement to the Concession Agreement in relation to the supply of water and wastewater services for the Municipality of Sofia (Second Amendment Agreement) represents all agreements between the Parties for amendment of the Concession Agreement as it was signed on 23rd of December 1999 and subsequently amended by the First Supplementary Agreement dated 15th of December, 2000.
Amended to (SAA). This Second Amendment Agreement shall become effective on satisfaction of the Condition Precedents set out in Clause 44, which clause becomes effective immediately upon signing of the Second Amendment Agreement.
Amended to (SAA). The Concessionaire shall be entitled to apply for a Price Adjustment in accordance with clause 22.4. and in accordance with the Law each time the costs incurred by it in procuring the supply of Raw Water to the System exceed the costs provided for this purpose in the Business Plan by an amount exceeding the Interim Price Adjustment Threshold.
Amended to (SAA). If at any time during the Concession Term the quality of the Raw Water at any Raw Water Monitoring Point is not in compliance with any of the Raw Water Requirements (insofar as they relate to the quality of Raw Water, such event being referred to hereafter as a “Raw Water Quality Event”) then the Concessionaire shall notify the Grantor of the occurrence of the Raw Water Quality Event as soon as reasonably practicable. Save where any such failure arises as a consequence of any gross negligence or wilful misconduct of the Concessionaire, the Concessionaire shall be entitled to apply for a Price Adjustment in accordance with clause 22.4. in respect of any increased Capital Expenditures and/or Operating Expenditures and/ or decreased Price Revenues which are caused by the Raw Water Quality Event.
Amended to (SAA). The Parties, together shall prepare a long-term strategy for the management of sludge from the Kubratovo Waste Water Treatment Plant.
Amended to (SAA). The Concessionaire shall at all times following a breach of the contract to upgrade the Kubratovo Waste Water Treatment Plant act in accordance with Good Engineering and Operating Practices so as to avoid or minimise to the extent reasonably practicable the effects of any such breach.
Amended to (SAA). The Grantor shall use its best endeavours to procure that the contract to upgrade the Kubratovo Waste Water Treatment Plant requires the contractor to warrant and to ensure that the contractor requires principle sub- contractors to warrant the performance of their works in respect of which they are responsible (to the benefit of both the Grantor and the Concessionaire) in accordance with Good Engineering and Operating Practices. New clause 16.4.5. (SAA) The upgrade and the operation of the Kubratovo Waste Water Treatment Plant are in accordance with the required by the Law permits.
Amended to (SAA). If the Parties fail to agree on a Variation by expiry of the period specified in Clause 21.2., the Grantor may refer the Dispute to the Disputes Resolution Procedure for determination and such determination shall be final and binding on the Parties.
Amended to (SAA). If the Parties agree on the Variation, the Grantor shall assist the Concessionaire if it applies for a Price Adjustment and/or any other adjustments to the Business Plan.
