Common use of Authority’s Rectification Rights Clause in Contracts

Authority’s Rectification Rights. If the Authority gives notice to Project Co under Section 11.1(c) and Project Co either: (a) does not confirm, within five Business Days of such notice, or such shorter period as is appropriate in the case of an emergency, that it is willing to take such steps as are required in such notice or present an alternative plan to the Authority to mitigate, rectify and protect against such circumstances that the Authority may, within a further five Business Days, accept or reject, acting reasonably; or (b) fails to take the steps as are referred to or required in such notice or accepted alternate plan within such time as set out in such notice or accepted alternate plan or within such time as the Authority, acting reasonably, will stipulate, then the Authority may take such steps as it considers necessary or expedient to mitigate, rectify or protect against such circumstances either itself or by engaging others to take any such steps. Such steps may include the partial or total suspension of the right and obligation of Project Co to provide the relevant Services, but only for so long as the circumstances referred to in Section 11.1(a) subsist. If the circumstances referred to in Section 11.1(a) no longer subsist or Project Co has proposed a plan acceptable to the Authority, acting reasonably, for mitigating, rectifying and protecting against the circumstances that caused the Deductions thresholds set out in Section 11.1(b) to have been reached, any suspension of the right and obligation of Project Co to provide any Services will cease and such right and obligation will once again be in full force and effect.

Authority’s Rectification Rights. If the Authority gives notice to Project Co under Section 11.1(c) and Project Co either: (a) does not confirm, within five Business Days of such notice, or such shorter period as is appropriate in the case of an emergency, that it is willing to take such steps as are required in such notice or present an alternative plan to the Authority to mitigate, rectify and protect against such circumstances that the Authority may, within a further five Business Days, accept or reject, acting reasonably; or (b) fails to take the steps as are referred to or required in such notice or accepted alternate plan within such time as set out in such notice or accepted alternate plan or within such time as the Authority, acting reasonably, will stipulate, then the Authority may take such steps as it considers necessary or expedient (including , if applicable, in respect of any circumstance set out in Section 11.1(a) or in respect of an Emergency, the termination and replacement of any Project Contractor or Sub-Contractor) to mitigate, rectify or protect against such the circumstances set out in Section 11.1 either itself or by engaging others to take any such steps. Such steps may include the partial or total suspension of the right and obligation of Project Co to provide the relevant Services, but only for so long as the circumstances referred to in Section 11.1(a) subsistsubsist or, in respect of any circumstance relating to Project Co’s performance of the Services, until such time as Project Co has demonstrated to the reasonable satisfaction of the Authority that, notwithstanding such circumstances, Project Co has taken such steps (including, if applicable, in respect of any circumstance set out in Section 11.1(a) or in respect of an Emergency, the termination and replacement of any Project Contractor or Sub-Contractor) as are required pursuant to this Section 11.2 and as are necessary to enable Project Co to perform its obligations in respect of the relevant Services to the required standard in accordance with this Agreement. If the circumstances referred to in Section 11.1(a) no longer subsist or Project Co has proposed a plan acceptable to the Authority, acting reasonably, for mitigating, rectifying and protecting against the circumstances that caused the Deductions thresholds set out in Section 11.1(b) to have been reached, any suspension of the right and obligation of Project Co to provide any Services will cease and such right and obligation will once again be in full force and effect.

Authority’s Rectification Rights. If the Authority gives notice to Project Co under Section 11.1(c) and Project Co either: (a) does not confirm, within five 5 Business Days of such notice, or such shorter period as is appropriate in the case of an emergencyEmergency, that it is willing to take such steps as are required in such notice or present an alternative plan to the Authority to mitigate, rectify and protect against such circumstances that the Authority may, within a further five 5 Business Days, accept or reject, acting reasonably; or (b) fails to take the steps as are referred to or required in such notice or accepted alternate plan within such time as set out in such notice or accepted alternate plan or within such time as the Authority, acting reasonably, will stipulate, then the Authority may take such steps as it considers necessary or expedient to mitigate, rectify or protect against such circumstances either itself or by engaging others to take any such steps. Such steps may include the partial or total suspension of the right and obligation of Project Co to provide the relevant Services, but only for so long as the circumstances referred to in Section 11.1(a) or Section 11.1(b) subsist. If the circumstances referred to in Section 11.1(a) or Section 11.1(b) no longer subsist or Project Co has proposed a plan acceptable to the Authority, acting reasonably, for mitigating, rectifying and protecting against the circumstances that caused the Deductions thresholds set out in Section 11.1(b) to have been reachedsuch circumstances, any suspension of the right and obligation of Project Co to provide any Services will cease and such right and obligation will once again be in full force and effect.

Authority’s Rectification Rights. ‌ If the Authority gives notice to Project Co under Section 11.1(c) and Project Co either: (a) does not confirm, within five Business Days of such notice, or such shorter period as is appropriate in the case of an emergency, that it is willing to take such steps as are required in such notice or present an alternative plan to the Authority to mitigate, rectify and protect against such circumstances that the Authority may, within a further five Business Days, accept or reject, acting reasonably; or (b) fails to take the steps as are referred to or required in such notice or accepted alternate plan within such time as set out in such notice or accepted alternate plan or within such time as the Authority, acting reasonably, will stipulate, then the Authority may take such steps as it considers necessary or expedient to mitigate, rectify or protect against such circumstances either itself or by engaging others to take any such steps. Such steps may include the partial or total suspension of the right and obligation of Project Co to provide the relevant Services, but only for so long as the circumstances referred to in Section 11.1(a) subsist. If the circumstances referred to in Section 11.1(a) no longer subsist or Project Co has proposed a plan acceptable to the Authority, acting reasonably, for mitigating, rectifying and protecting against the circumstances that caused the Deductions thresholds set out in Section 11.1(b) to have been reached, any suspension of the right and obligation of Project Co to provide any Services will cease and such right and obligation will once again be in full force and effect.

Authority’s Rectification Rights. If the Authority gives notice to Project Co under Section 11.1(c11.1(f) and Project Co either: (a) does not confirm, within five 5 Business Days of such notice, or such shorter period as is appropriate in the case of an emergency, that it is willing to take such steps as are required in such notice or present an alternative plan to the Authority to mitigate, rectify and protect against such circumstances that the Authority may, within a further five 5 Business Days, accept or reject, acting reasonably; or (b) fails to take the steps as are referred to or required in such notice or accepted alternate plan within such time as set out in such notice or accepted alternate plan or within such time as the Authority, acting reasonably, will stipulate, then the Authority may take such steps as it considers necessary or expedient to mitigate, rectify or protect against such circumstances either itself or by engaging others to take any such steps. Such steps may include the partial or total suspension of the right and obligation of Project Co to provide the relevant Services, but only for so long as the circumstances referred to in Section 11.1(a) subsist. If the circumstances referred to in Section 11.1(a) no longer subsist or Project Co has proposed a plan acceptable to the Authority, acting reasonably, for mitigating, rectifying and protecting against the circumstances that caused the Deductions thresholds set out in Section Sections 11.1(b), 11.1(c), 11.1(d) or 11.1(e) to have been reached, any suspension of the right and obligation of Project Co to provide any Services will cease and such right and obligation will once again be in full force and effect.

Authority’s Rectification Rights. If the Authority gives notice to Project Co under Section 11.1(c) [Authority's Step-In Rights] and Project Co either: (a) does not confirm, within five Business Days of such notice, or such shorter period as is appropriate in the case of an emergency, that it is willing to take such steps as are required in such notice or present an alternative plan to the Authority to mitigate, rectify and protect against such circumstances that the Authority may, within a further five Business Days, accept or reject, acting reasonably; or (b) fails to take the steps as are referred to or required in such notice or accepted alternate plan within such time as set out in such notice or accepted alternate plan or within such time as the Authority, acting reasonably, will stipulate, then the Authority may take such steps as it considers necessary or expedient to mitigate, rectify or protect against such circumstances either itself or by engaging others to take any such steps. Such steps may include the partial or total suspension of the right and obligation of Project Co to provide the relevant Services, but only for so long as the circumstances referred to in Section 11.1(a) [Authority's Step-In Rights] subsist. If the circumstances referred to in Section 11.1(a) [Authority's Step-In Rights] no longer subsist or Project Co has proposed a plan acceptable to the Authority, acting reasonably, for mitigating, rectifying and protecting against the circumstances that caused the Deductions thresholds set out in Section 11.1(b) [Authority's Step-In Rights] to have been reached, any suspension of the right and obligation of Project Co to provide any Services will cease and such right and obligation will once again be in full force and effect.

Authority’s Rectification Rights. If Operations Co acknowledges the provisions of Section 11.2 of the Project Agreement and the rights of the Authority therein and agrees that the Pass-Down Provisions apply to the operation of this Section 11.2. If Project Co gives notice to Project Operations Co under Section 11.1(c) and Project Operations Co either: (a) does not confirm, within five 5 Business Days of such notice, or such shorter period as is appropriate in the case of an emergencyEmergency, that it is willing to take such steps as are required in such notice or present an alternative plan to Project Co and the Authority to mitigate, rectify and protect against such circumstances that the Authority may, within a further five 5 Business Days, accept or reject, acting reasonablyreject pursuant to the Project Agreement; or (b) fails to take the steps as are referred to or required in such notice or accepted alternate plan within such time as set out in such notice or accepted alternate plan or within such time as the Authority, acting reasonablyunder the Project Agreement, will stipulate, then the Authority may take such steps as it considers necessary or expedient to mitigate, rectify or protect against such circumstances either itself or by engaging others to take any such steps. Such steps may include the partial or total suspension of the right and obligation of Project Operations Co to provide the relevant Services, but only for so long as the circumstances referred to in Section 11.1(a) or Section 11.1(b) subsist. If the circumstances referred to in Section 11.1(a) or Section 11.1(b) no longer subsist or Project Operations Co has proposed a plan acceptable to the Authority, acting reasonablyunder the Project Agreement, for mitigating, rectifying and protecting against the circumstances that caused the Deductions thresholds set out in Section 11.1(b) to have been reachedsuch circumstances, any suspension of the right and obligation of Project Operations Co to provide any Services will cease and such right and obligation will once again be in full force and effect.