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.
17.9.2 The Authority shall have the right, and the Concessionaire hereby expressly grants to the Authority the right, to recover the costs and Damages specified in Clause 17.9.1 directly from the Escrow Account as if such costs and Damages were O&M Expenses, and for that purpose, the Concessionaire hereby agrees to give irrevocable instructions to the Escrow Bank to make payment from the Escrow Account in accordance with the instructions of the Authority under this Clause 17.9.2 and debit the same to O&M Expenses.
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. 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).
10.3.2 The Authority shall have the right, and the Service Provider hereby expressly grants to the Authority the right to recover the costs and Damages specified in Clause 10.3 directly from the Performance Security.
Authority’s right to take remedial measures. 11.5.1. In the event the Licensee does not maintain and/or repair the Licensed premises and such breach is causing or likely to cause the safety and security of a public at a large, 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 Licensee, and to recover its cost from the Licensee. In addition to recovery of the aforesaid cost, a sum equal to 25% (twenty five percent) of such cost shall be paid by the Licensee to the Authority as Damages.
11.5.2. The Authority shall have the right, and the Licensee hereby expressly grants to the Authority the right, to recover the costs and Damages specified in Clause 11.5.1 above .
Authority’s right to take remedial measures. 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 Concessionaire does not maintain, repair and/or rectify any defects and deficiencies in the District Hospital or any part thereof in conformity with the Maintenance Requirements and fails to commence remedial works within [15 (fifteen)] days of receipt of the O&M Inspection Report or notice in this behalf from the Authority or the Independent Expert, as the case may be, the Authority, 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 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 avoidance of doubt, the rights of the Authority under this Clause 18.3 shall be without prejudice to its rights and remedies under Clause 18.4.
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 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 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. 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.
