Authority’s right to take remedial measures. In the event the Contractor does not maintain and/or repair the Project Highway or any part thereof in conformity with the Maintenance Requirements, the Maintenance Manual or the Maintenance Programme, as the case may be, and fails to commence remedial works within 15 (fifteen) days of receipt of the Maintenance Inspection Report under Clause 15.2 or a notice in this behalf from the Authority or the Authority’s Engineer, as the case may be, the Authority shall, without prejudice to its rights under this Agreement including Termination thereof, be entitled to undertake such remedial measures at the cost of the Contractor, and to recover its cost from the Contractor. In addition to recovery of the aforesaid cost, a sum equal to 20% (twenty per cent) of such cost shall be paid by the Contractor to the Authority as Damages.
Authority’s right to take remedial measures. 17.9.1 In the event the Concessionaire does not maintain and/or repair the Project or any part thereof in conformity with the Maintenance Requirements, the Maintenance Manual or the Maintenance Program, as the case may be, and fails to commence remedial works within 15 (fifteen) days of receipt of the O&M Inspection Report or a notice in this behalf from the Authority or the Independent Engineer, as the case may be, the Authority shall, without prejudice to its rights under this Agreement including Termination thereof, be entitled to undertake such remedial measures at the risk and cost of the Concessionaire, and to recover its cost from the Concessionaire. In addition to recovery of the aforesaid cost, a sum equal to 20% (twenty per cent) of such cost shall be paid by the Concessionaire to the Authority as Damages. For the avoidance of doubt, the right of the Authority under this Clause 17.9.1 shall be without prejudice to its rights and remedies provided under Clause 17.8.
Authority’s right to take remedial measures. In the event the Operator does not maintain and/or repair the Buses in conformity with the provisions of this Contract, and fails to commence remedial works within 15 (fifteen) days of receipt of a notice in this regard from the Authority, the Authority shall, without prejudice to its rights under this Contract including Termination thereof, be entitled to undertake such remedial measures at the risk and cost of the Operator, and to recover its cost from the Operator.
Authority’s right to take remedial measures. In the event the Contractor does not maintain and/or repair the Project or any part thereof in conformity with the Maintenance Requirements, the Maintenance Manual or the Maintenance Programme, as the case may be, and fails to commence remedial works within 15 (fifteen) days of receipt of the Maintenance Inspection Report under Draft Contract Agreement floating material for providing floating Terminal facilities at various locations on NW – 2 (Brahmaputra River) on EPC mode Sept, 2021 Clause 15.2 or a notice in this behalf from the Authority or the Authority’s Engineer, as the case may be, the Authority shall, without prejudice to its rights under this Agreement including Termination thereof, be entitled to undertake such remedial measures at the cost of the Contractor, and to recover its cost from the Contractor. In addition to recovery of the aforesaid cost, a sum equal to 20% (twenty per cent) of such cost shall be paid by the Contractor to the Authority as Damages.
Authority’s right to take remedial measures. 17.9.1 If after the COD, the Concessionaire ceases to operate the Project for a period of 48 consecutive hours other than in accordance with the Maintenance Program, without the prior written consent of the Authority, the Authority shall be entitled to step-in and undertake O&M of the Project until the Concessionaire demonstrates to the satisfaction of the Authority that it can and will resume normal operation and maintenance of the Project. The exercise of the Authority's rights under this Clause shall be at the cost, risk and expense of the Concessionaire. The Concessionaire shall not be entitled to receive any O&M Payments for the duration that the Authority steps-in to operate and maintain the Project.
Authority’s right to take remedial measures. In the event the Contractor fails to maintain and/or repair the Project or any part thereof in conformity with the maintenance requirements or the Maintenance Manual as the case may be, and fails to commence remedial works within 15 (fifteen) days of receipt of notice from the Authority, the Authority shall without prejudice to its rights under this Contract including Termination thereof, be entitled to undertake such remedial measures at the risk and cost of the Contractor, and to recover its costs from the Contractor. In addition to recovery of the aforesaid cost, a sum equal to 20 % (twenty percent) of such cost shall be paid by the Contractor to the Authority as Damages. For the avoidance of doubt, the right of the Authority under this Clause shall be without prejudice to its rights and remedies provided under Clause 12.4.
Authority’s right to take remedial measures. 8.1 In the event the Concessionaire does not maintain and/or repair the Project Installations or any part thereof in conformity with the Agreement, the Maintenance Manual or the Maintenance Programme, as the case may be, and fails to commence remedial works within fifteen (15) days of receipt of the O&M Inspection Report or a notice in this behalf from the Concessioning Authority or the Quality Assurance Inspector, as the case may be, the Concessioning Authority shall, without prejudice to its rights under this Agreement including Termination thereof, be entitled to undertake such remedial measures at the risk and cost of the Concessionaire, and to recover its cost from the Concessionaire. In addition to recovery of the aforesaid cost, a sum equal to twenty per cent (20%) of such cost shall be paid by the Concessionaire to the Concessioning Authority as damages. For the avoidance of doubt, the right of the Concessioning Authority under this Clause 8.1 shall be without prejudice to its rights and remedies provided under Clause 7.
Authority’s right to take remedial measures. In the event the Contractor does not maintain and/or repair the Project Highway or any part thereof in conformity with the Maintenance Requirements, the Maintenance Manual or the Maintenance Programme, as the
Authority’s right to take remedial measures. In the event the Operator does not maintain and/or repair the Bus in conformity with the provisions of this Agreement and the Maintenance Manual, and fails to commence remedial works within [15 (fifteen)] days of receipt of a notice in this regard from the Authority, the Authority shall, without prejudice to its rights under this Agreement including Termination thereof, be entitled to undertake such remedial measures at the risk and cost of the Operator, and to recover its cost from the Operator. In addition to recovery of the aforesaid cost, a sum equal to [20% (twenty per cent)] of such cost shall be paid by the Operator to the Authority as Damages. The Parties agree that the Authority shall not in any manner be liable for any damage to, or deterioration in, a Bus occurring on account of the remedial measures taken hereunder.
Authority’s right to take remedial measures. 10.3.1 In the event the Service Provider does not maintain and/or repair the Equipment in conformity with this Agreement or does not repair or rectify any Defect/Issue with respect to the Services, as the case may be, and fails to commence remedial works within 15 (fifteen) days of receipt of an “Inspection Report” or a notice in this behalf from the Authority, the Authority shall, without prejudice to its rights under this Agreement including Termination thereof, be entitled to undertake such remedial measures at the risk and cost of the Service Provider, and to recover the actual cost incurred in remedying the Defect from the Service Provider in addition to provisions under the Service and Operations & Management Requirements (Schedule C).
