Common use of Authority Termination Right Clause in Contracts

Authority Termination Right. If: (a) a Project Co Material Breach is not remedied before the expiration of the period referred to in Section 12.3(a) and no program has been put forward by Project Co under Section 12.3(b); (b) Project Co puts forward a program pursuant to Section 12.3(b) which has been accepted by the Authority (including after agreement under Section 12.3 to amendments to the program) or has been determined to be reasonable pursuant to the Dispute Resolution Procedure and Project Co fails to remedy the Project Co Material Breach before the end date for the program; (c) any program put forward by Project Co pursuant to Section 12.3(b) is rejected by the Authority as not being reasonable, and, if such rejection is disputed by Project Co, the Dispute Resolution Procedure does not find against that rejection; or (d) any Project Co Event of Default other than a Project Co Material Breach occurs, then the Authority may (if the Project Co Event of Default continues unwaived and unremedied), subject to the terms of the Lenders’ Remedies Agreement, terminate this Project Agreement by notice to Project Co and Operations Co. The right of the Authority to terminate this Project Agreement under this Section 12.4 is in addition, and without prejudice, to any other right which the Authority may have in connection with Project Co’s defaults hereunder. For the purposes of Section 12.4(b), if Project Co’s performance of the program is adversely affected by the occurrence of a Supervening Event or a breach by the Authority of its obligations under this Project Agreement, then, subject to Project Co complying with the mitigation and other requirements in this Project Agreement concerning such events, the time for performance of the program or any relevant element of it will be deemed to be extended by a period equal to the delay caused by such events which is agreed by the parties or determined in accordance with the Dispute Resolution Procedure.

Authority Termination Right. If: (a) a Project Co Material Breach is not remedied before the expiration expiry of the period referred to in Section 12.3(a) and no program has been put forward by Project Co under Section 12.3(b); (b) Project Co puts forward a program pursuant to Section 12.3(b) which has been accepted by the Authority (including after agreement under Section 12.3 to amendments to the program) or has been determined to be reasonable pursuant to the Dispute Resolution Procedure and Project Co fails to remedy achieve any material element of the Project Co Material Breach before program or the end date for the program, as the case may be; (c) any program put forward by Project Co pursuant to Section 12.3(b) is rejected by the Authority as not being reasonable, and, if such rejection is disputed by Project Co, the Dispute Resolution Procedure does not find against that rejection; or (d) any Project Co Event of Default other than a Project Co Material Breach occurs, then the Authority may (if the Project Co Event of Default continues unwaived and unremedied), subject to the terms of the Lenders’ Remedies Agreement, terminate this Project Agreement by notice to Project Co and Operations Co. The right of the Authority to terminate this Project Agreement under this Section 12.4 is in addition, and without prejudice, to any other right which the Authority may have in connection with Project Co’s defaults hereunder. For the purposes of Section 12.4(b), if Project Co’s performance of the program is adversely affected by the occurrence of a Supervening Event or a breach by the Authority of its obligations under this Project Agreement, then, subject to Project Co complying with the mitigation and other requirements in this Project Agreement concerning such events, the time for performance of the program or any relevant element of it will be deemed to be extended by a period equal to the delay caused by such events which is agreed by the parties or determined in accordance with the Dispute Resolution Procedure.

Authority Termination Right. If: (a) a Project Co Material Breach is not remedied before the expiration expiry of the period referred to in Section 12.3(a) [Project Co Material Breach Cure and Remedial Program] and no program has been put forward by Project Co under Section 12.3(b)) [Project Co Material Breach Cure and Remedial Program]; (b) Project Co puts forward a program pursuant to Section 12.3(b) [Project Co Material Breach Cure and Remedial Program] which has been accepted by the Authority (including after agreement under Section 12.3 [Project Co Material Breach Cure and Remedial Program] to amendments to the program) or has been determined to be reasonable pursuant to the Dispute Resolution Procedure and Project Co fails to remedy achieve any material element of the Project Co Material Breach before program or the end date for the program, as the case may be; (c) any program put forward by Project Co pursuant to Section 12.3(b) [Project Co Material Breach Cure and Remedial Program] is rejected by the Authority as not being reasonable, and, if such rejection is disputed by Project Co, the Dispute Resolution Procedure does not find against that rejection; or (d) any Project Co Event of Default other than a Project Co Material Breach occurs, then the Authority may (if the Project Co Event of Default continues unwaived and unremedied), subject to the terms of the Lenders’ ' Remedies Agreement, terminate this Project Agreement by notice to Project Co and Operations Co. The right of the Authority to terminate this Project Agreement under this Section 12.4 [Authority Termination Right] is in addition, and without prejudice, to any other right which the Authority may have in connection with Project Co’s defaults hereunder. For the purposes of Section 12.4(b)) [Authority Termination Right], if Project Co’s performance of the program is adversely affected by the occurrence of a Supervening Event or a breach by the Authority of its obligations under this Project Agreement, then, subject to Project Co complying with the mitigation and other requirements in this Project Agreement concerning such events, the time for performance of the program or any relevant element of it will be deemed to be extended by a period equal to the delay caused by such events which is agreed by the parties or determined in accordance with the Dispute Resolution Procedure.

Authority Termination Right. If: (a) a Project Co Material Breach is not remedied before the expiration expiry of the period referred to in Section 12.3(a) and no program has been put forward by Project Co under Section 12.3(b); (b) Project Co puts forward a program pursuant to Section 12.3(b) which has been accepted by the Authority (including after agreement under Section 12.3 to amendments to the program) or has been determined to be reasonable pursuant to the Dispute Resolution Procedure and Project Co fails to remedy achieve any material element of the Project Co Material Breach before program or the end date for the program, as the case may be; (c) any program put forward by Project Co pursuant to Section 12.3(b) is rejected by the Authority as not being reasonable, and, if such rejection is disputed by Project Co, and the Dispute Resolution Procedure does not find against that rejection; or (d) any Project Co Event of Default other than that with respect to a Project Co Material Breach set out in Section 12.1(a) occurs, then the Authority may (if the Project Co Event of Default continues unwaived and unremedied), subject to Section 14.2 (Continued Performance) and the terms of the Lenders’ ' Remedies Agreement, terminate this Project Agreement by notice to Project Co and Operations Co. The right of the Authority to terminate this Project Agreement under this Section 12.4 is in addition, and without prejudice, to any other right which the Authority may have in connection with Project Co’s defaults hereunder. For the purposes of Section 12.4(b), if Project Co’s performance of the program is adversely affected by the occurrence of a Supervening Event or a breach by the Authority of its obligations under this Project Agreement, then, subject to Project Co complying with the mitigation and other requirements in this Project Agreement concerning such events, the time for performance of the program or any relevant element of it will be deemed to be extended by a period equal to the delay caused by such events which is agreed by the parties or determined in accordance with the Dispute Resolution Procedure.

Authority Termination Right. If: (a) a Project Co Material Breach is not remedied before the expiration expiry of the period referred to in Section 12.3(a) (Project Co Material Breach Cure and Remedial Program) and no program has been put forward by Project Co under Section 12.3(b) (Project Co Material Breach Cure and Remedial Program); (b) Project Co puts forward a program pursuant to Section 12.3(b) (Project Co Material Breach Cure and Remedial Program) which has been accepted by the Authority (including after agreement under Section 12.3 (Project Co Material Breach Cure and Remedial Program) to amendments to the program) or has been determined to be reasonable pursuant to the Dispute Resolution Procedure Procedure, and Project Co fails to remedy achieve any material element of the Project Co Material Breach before program or the end date for the program, as the case may be; (c) any program put forward by Project Co pursuant to Section 12.3(b) (Project Co Material Breach Cure and Remedial Program) is rejected by the Authority as not being reasonable, and, if such rejection is disputed by Project Co, the Dispute Resolution Procedure does not find against that rejection; or (d) any Project Co Event of Default other than a Project Co Material Breach occurs, then the Authority may (if the Project Co Event of Default continues unwaived and unremedied), subject to the terms of the Lenders’ ' Remedies Agreement, terminate this Project Agreement by notice to Project Co and Operations Co. The right of the Authority to terminate this Project Agreement under this Section 12.4 is in addition, and without prejudice, to any other right which the Authority may have in connection with Project Co’s defaults hereunder. For the purposes of Section 12.4(b), if Project Co’s performance of the program is adversely affected by the occurrence of a Supervening Event or a breach by the Authority of its obligations under this Project Agreement, then, subject to Project Co complying with the mitigation and other requirements in this Project Agreement concerning such events, the time for performance of the program or any relevant element of it will be deemed to be extended by a period equal to the delay caused by such events which is agreed by the parties or determined in accordance with the Dispute Resolution Procedure.