AUTHORITY'S STEP-IN RIGHTS.
11.1 Authority’s Step-in Rights If:
(a) the Authority reasonably considers that a breach by Project Co of any obligation under this Agreement or an Event:
(1) is likely to create an immediate and serious threat to the health or safety of any Facility User, any property, the environment or the reputation, integrity of, or public confidence in, the Facility or any operations related to the Facility; or
(2) is prejudicial to the ability to carry on Authority Activities and the Intended Uses to a material degree; or
(b) Project Co accumulates Deductions of:
(1) (Index Linked) or more in any two consecutive month period; or
(2) (Index Linked) or more in any six consecutive month period, then the Authority, acting reasonably may either:
(c) if it considers that there is sufficient time and that it is likely that Project Co will be willing and able to provide assistance, require Project Co by notice to take such steps as are necessary or expedient to mitigate or rectify such state of affairs including, if applicable due to breach of any Project Contract or Sub-Contract, suspension of the Project Contractor or Sub-Contractor, and Project Co will use all reasonable efforts to comply with the Authority's requirements as soon as reasonably practicable; or
(d) if it considers there is not sufficient time, or that Project Co is not likely to be willing and able to take the necessary steps, take such steps as it considers are appropriate (either itself or by engaging others) to mitigate or rectify such state of affairs and to ensure performance of the relevant Services to the standards required by this Agreement (or as close as possible to those standards as the circumstances permit). The Authority will carry out such steps as quickly as is practicable, and in such manner as will minimize interference with Project Co’s performance of its obligations under this Agreement. Notwithstanding that Project Co is not in breach of any of its obligations under this Agreement, the Authority may exercise all of the rights set out in this Section 11 at any time during the Operating Period if the Authority, acting reasonably, considers the circumstances to constitute an Emergency. Project Co will ensure that the provisions contained in all applicable Sub-Contracts will not prevent or inhibit the Authority from exercising its rights under this Section 11.
AUTHORITY'S STEP-IN RIGHTS. 43 12. PROJECT CO EVENTS OF DEFAULT 45
AUTHORITY'S STEP-IN RIGHTS. For the purposes of providing the O&M Services during the cure period applicable to any Concessionaire Event of Default, the Authority shall have the right to enter the Concessionaire's control room and call center and take over the Project Public Street Lighting System upon giving not less than 12 hours advance notice to the Concessionaire (Authority’s Step-In Right). The Authority may continue to exercise the Authority’s Step-In Right until the Concessionaire has remedied the Concessionaire Event of Default and demonstrated to the reasonable satisfaction of Authority its readiness and ability to resume the provision of the O&M Services in accordance with the terms and conditions of the Agreement. In exercising the Authority 's Step-In Right, the Authority shall: (a) cause the O&M Services to be provided by an adequate number of sufficiently qualified personnel; (b) use commercially reasonable efforts to continue to perform all of the Concessionaire's obligations under this Agreement; and (c) have no obligation to pay the Concessionaire the EMI Fee Payments during the period such Authority's Step-In Right is being exercised. During the exercise of the Authority 's Step-In Right, the Concessionaire shall: (a) cooperate in all respects with the Authority; and (b) to the extent requested by the Authority, assign its rights capable of being assigned under all Applicable Permits, this Agreement and any other contracts and relevant documents to the Authority during the period that the Authority is exercising the Authority 's Step-In Right. The exercise by the Authority of the Authority 's Step-In Right shall not affect any other right or remedy the Authority may have, nor shall the existence of the Authority 's Step-In Right or its exercise thereof relieve the Concessionaire of any duty, obligation or liability under the Agreement or any other contract.
AUTHORITY'S STEP-IN RIGHTS. 11.1 Authority’s Step-in Rights
(1) (Index Linked) or more in any month with respect to any one School or (Index Linked) or more in any month with respect to all of the Schools;
(2) (Index Linked) or more in any two consecutive month period with respect to any one School or (Index Linked) or more in any two consecutive month period with respect to all of the Schools; or
(3) (Index Linked) or more in any six consecutive month period with respect to any one School or (Index Linked) or more in any six consecutive month period with respect to all of the Schools, then the Authority, acting reasonably may either:
AUTHORITY'S STEP-IN RIGHTS. If: (a) the Authority reasonably considers that a breach by Project Co of any obligation under this Agreement or an Event: (1) is likely to create an immediate and serious threat to the health or safety of any Facility User, any property, the environment or the reputation, integrity of, or public confidence in, the Facility or any operations related to the Facility; or (2) is prejudicial to the ability to carry on Authority Activities and the Intended Uses to a material degree; or
AUTHORITY'S STEP-IN RIGHTS.
11.1 Authority’s Step-in Rights If: (a) the Authority reasonably considers that a breach by Project Co of any obligation under this Agreement or an Event: (1) is likely to create an immediate and serious threat to the health or safety of any Building User, any property, the environment or the reputation, integrity of, or public confidence in, the Buildings or any operations related to the Buildings; or (2) is prejudicial to the ability to carry on Authority Activities and the Intended Uses to a material degree; or (b) Project Co accumulates Deductions of:
(1) $12,000 (Index Linked) or more in any month;
(2) $20,000 (Index Linked) or more in any two consecutive month period;
(3) $50,000 (Index Linked) or more in any six consecutive month period, then the Authority, acting reasonably may either:
AUTHORITY'S STEP-IN RIGHTS. 11.1 Authority’s Step-in Rights If: (a) the Authority reasonably considers that a breach by Project Co of any obligation under this Agreement or an Event: (i) is likely to create an immediate and serious threat to the health or safety of any Inmate and Facility Administrator, any property, the environment or the reputation, integrity of, or public confidence in, the Facility or any operations related to the Facility; or (ii) is prejudicial to the ability to carry on Authority Activities and the Intended Uses to a material degree; or (b) Project Co accumulates Deductions of:
(i) $34,000 (Index Linked) or more in any two consecutive months or $120,000 (Index Linked) or more in any six consecutive month period, in relation to either the Utility Services or the Roads, Grounds and Landscape Maintenance Services;
(ii) $42,000 (Index Linked) or more in any two consecutive months or $120,000 (Index Linked) or more in any six consecutive month period, in relation to the Help Desk Services; or
(iii) $48,000 (Index Linked) or more in any two consecutive months or $126,000 (Index Linked) or more in any six consecutive month period, in relation to the Plant Services; then the Authority, acting reasonably may either:
AUTHORITY'S STEP-IN RIGHTS. 11.1 Authority’s Step-in Rights
AUTHORITY'S STEP-IN RIGHTS. 11.1 Authority’s Step-in Rights
(1) $20,000 (Index Linked) or more in any month;
(2) $35,000 (Index Linked) or more in any two consecutive month period;
(3) $75,000 (Index Linked) or more in any six consecutive month period, then the Authority, acting reasonably may either:
AUTHORITY'S STEP-IN RIGHTS. The Service Provider acknowledges and accepts that (Name of Authority / Client) and the senior lender of the SPV have the right to step-in as per the provisions of the Concession Agreement and the financing agreements. The Service Provider undertakes and agrees tin case of the exercise of such step-in rights, the Service Provider shall take all such steps and actions as may be required to give effect to the right.
