Authority’s Rights. (a) Except as otherwise provided below, the Authority may not assign or delegate any of its rights, duties or obligations under this Agreement (“Assignment”) without the prior consent of the City, which consent may not be unreasonably withheld. When requesting approval of a proposed Assignment, the Authority shall provide the City with evidence of the proposed assignee’s development and/or operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable the City to evaluate the proposed assignee. In considering such a request, the City may consider the following factors, but is not limited thereby: (i) the quality of the proposed assignee; (ii) the proposed assignee’s past performance and experience as an airport terminal operator; and (iii) the proposed assignee’s current financial condition. In the event of the City’s approval of a requested Assignment, the Authority shall be released of all of its obligations and liabilities under this Agreement with respect to the Property so conveyed as of the date the City approves the Assignment. Measure B is not applicable to any such transfer.
(b) The Authority may designate in a lease agreement any tenant as its agent for the purpose of acting on behalf of the Authority with respect to the rights under this Agreement without the prior consent of the City, in which event: (i) the City shall acknowledge such agency relationship for the purposes of this Agreement; and (ii) the Authority shall not be relieved of any of its obligations under this Agreement with respect to the leased Property.
(c) In the event that the City approves an Assignment pursuant to this section in connection with a sale or transfer in fee of a portion of the Property, any rights assigned in connection with such conveyance shall be allocated to the purchaser(s) or transferee(s). If the requested Assignment is approved, the parties will cooperate to appropriately document the Assignment.
Authority’s Rights. The Union acknowledges that the management and directing of employees in the bargaining unit is retained by the Authority, except as this agreement otherwise specifies.
Authority’s Rights. 25.2.1 Notwithstanding anything to the contrary contained in this Agreement, Authority shall have the right and authority to levy toll or fee on the Users and vehicles using the Project Facilities (“the Fee”) and to demand, collect, retain and appropriate the Fee in accordance with the Applicable Laws.
Authority’s Rights. Notwithstanding the rights provided elsewhere in this Agreement, the Authority is entitled for the Agreement Period to:
(a) [be paid rent by the Operator for the lease of the Service Area as per the Lease Agreement under Schedule 13];
(b) be given reasonable access during normal working hours to the Facilities, premises, works and sites of the Operator for the purposes of performance monitoring, inspection and certification to the extent this does not disturb the Operator's performance of its obligations under this Agreement. For the avoidance of doubt the term "Authority" as used herein shall include duly authorised officers, employees and representatives as well as its technical agents, financial advisors and auditors;
(c) request the Operator to provide periodic performance reports as and when required;
(d) title to Facilities shall at all times be with the Authority subject to the Lease Agreement and prior approval of the Authority for the assignment of leasehold rights in favour of Lender(s) pursuant to the financing arrangements; Title to the new facilities shall pass to the Authority at the time of completion of the Construction;
(e) the Operator grants to the Authority a non-exclusive royalty free licence to use for all purposes in connection with the Facilities, and grants a right to use all intellectual property rights for, all such plans, drawings, specifications, designs, reports, and other documents and software together as prepared by the Operator;
(f) to review the drawings and “as built” drawings submitted to it by the Operator and provide its comments and/or observations to the Operator; and
(g) regulate and supersede the Project and its operations.
Authority’s Rights. The Operator warrants that no arrangement, agreement or understanding with any Sub- Contractor will directly or indirectly interfere with, restrict or impede the Authority in the exercise of any right or remedy under this Contract.
Authority’s Rights. Authority reserves the right (but shall not be obligated to the Lessee) to maintain and keep in repair the landing area of Centennial Airport and all publicly-owned facilities of Centennial Airport together with the right to direct and control all activities in this regard.
Authority’s Rights. Upon occurrence of a Material Breach of Project Requirements, Authority shall, without prejudice to and notwithstanding any other consequences provided therefore under this Agreement, be entitled to suspend the release of Grant Support and terminate this Agreement, as per Article 10.
Authority’s Rights. 25.2.1 Notwithstanding anything to the contrary contained in this Agreement, Authority shall have the right and authority to levy toll or fee on the Users and vehicles using the Project Facilities (“the Fee”) and to demand, collect, retain and appropriate the Fee in accordance with the Applicable Laws.
25.2.2 Authority may at its sole discretion levy, demand, collect, retain and appropriate the Fee either by itself or authorize any Person (the “Authority Contractor”) by contract or otherwise to levy, demand, collect, retain and appropriate the same as Authority may deem fit in its sole discretion and in accordance with the Applicable Laws.
25.2.3 Any arrangement or contract made or entered into by Authority for levy and collection of fee shall be independent of this Agreement and that no such arrangement or contract shall have the effect of adding to or enlarging in any way the obligations or the scope thereof or the liability of the Concessionaire under this Agreement and that the Concessionaire‘s obligations and liabilities shall be limited to, those contained in this Agreement only.
25.2.4 Authority /Authority Contractor shall have access to and use of the Site for all purposes necessary or incidental to levy and collection of the Fee. Provided, that to the extent such access and use allowed by the Concessionaire affects the performance of any of its obligations hereunder, the Concessionaire shall not be deemed or construed to be in breach of its obligations nor shall it incur/suffer any liability on account thereof. Provided further, that Authority shall, in the event of any physical damage to the Project Facilities on account of such access or use, ensure that such damage is promptly repaired and the Project Facilities are restored at its own cost and expenses.
Authority’s Rights. The occurrence of any default by Contractor set forth in Section 4.2 of this Agreement, shall give Authority the right to take whatever action at law or in equity as may appear reasonably necessary to enforce performance or observance of any obligations, agreements, or covenants under this Agreement, including without limitation:
(i) termination of this Agreement, (ii) without liability, taking possession of the Property and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor; (iii) acceptance of assignment of subcontracts; and, (iv) completion of the Work by whatever reasonable method Authority may deem expedient.
Authority’s Rights. Notwithstanding anything in this Indenture or in the Loan Agreement or in any of the other Loan Documents to the contrary, neither the Trustee nor the registered owners shall have the right to waive an Event of Default under any of the Loan Documents which arises out of a violation of a Reserved Right without the prior written consent of the Authority, which the Authority may give in its sole and complete discretion. Notwithstanding any other provision contained in this Indenture or any other Loan Document to the contrary, nothing herein or therein shall affect the Authority’s unconditional right to enforce its Reserved Rights.
