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.
Appears in 1 contract
Samples: Concessionaire Agreement
AUTHORITY'S STEP-IN RIGHTS. For the purposes of providing the O&M Services during the cure period applicable to any Concessionaire Project SPV Event of Default, the Authority shall have the right to enter the ConcessionaireProject SPV's control room and call center centre and take over the Project of the Greenfield Public Street Lighting System upon giving not less than 12 hours advance notice to the Concessionaire Project SPV (Authority’s 's Step-In Right). The Authority may continue to exercise the Authority’s 's Step-In Right until the Concessionaire Project SPV has remedied the Concessionaire Project SPV 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 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 ConcessionaireProject SPV's obligations under this Agreement; and (c) have no obligation to pay the Concessionaire Project SPV the EMI Annuity Fee Payments during the period such Authority's Step-In Right is being exercised. During the exercise of the Authority Authority's Step-In Right, the Concessionaire Project SPV 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 Authority's Step-In Right. The exercise by the Authority of the Authority Authority's Step-In Right shall not affect any other right or remedy the Authority may have, nor shall the existence of the Authority Authority's Step-In Right or its exercise thereof relieve the Concessionaire Project SPV of any duty, obligation or liability under the Agreement or any other contract.
Appears in 1 contract
Samples: Supply, Installation, Operation and Maintenance Agreement
AUTHORITY'S STEP-IN RIGHTS. For the purposes of providing the O&M Services during the cure period applicable to any Concessionaire Project SPV Event of Default, the Authority shall have the right to enter the ConcessionaireProject SPV's control room and call center centre and take over the of the Project Public Street Lighting System upon giving not less than 12 hours advance notice to the Concessionaire Project SPV (Authority’s 's Step-In Right). The Authority may continue to exercise the Authority’s 's Step-In Right until the Concessionaire Project SPV has remedied the Concessionaire Project SPV 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 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 ConcessionaireProject SPV's obligations under this Agreement; and (c) have no obligation to pay the Concessionaire Project SPV the EMI Annuity Fee or the New Light Payments during the period such Authority's Step-In Right is being exercised. During the exercise of the Authority Authority's Step-In Right, the Concessionaire Project SPV 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 Authority's Step-In Right. The exercise by the Authority of the Authority Authority's Step-In Right shall not affect any other right or remedy the Authority may have, nor shall the existence of the Authority Authority's Step-In Right or its exercise thereof relieve the Concessionaire Project SPV of any duty, obligation or liability under the Agreement or any other contract.
Appears in 1 contract
Samples: Supply, Installation, Operation and Maintenance Agreement