Common use of Branding of the Project Clause in Contracts

Branding of the Project. 3.8.1 The Project or any part thereof may be branded by the Operator under its own brand name. The Operator's Representative shall be the person so designated by the Operator (“Operator’s Representative”). If at some point of time, the Operator is unable to provide the services of the person named the Operator’s Representative, and then it shall notify the Authority its reasons for this, and thereafter, provide a substitute person who can be the Operator’s Representative. 3.8.2 The person named as the Operator’s Representative under this Agreement shall be a qualified and competent person having previous experience in a similar capacity in works comparable to the Project. 3.8.3 The Operator's Representative shall be exclusively employed or engaged by the Operator to give his whole time to direct the preparation of the operation and maintenance of the Project. Except as otherwise stated in the Agreement, the Operator's Representative shall receive on behalf of the Operator all notices, instructions, consents, approvals, certificates, determinations and other communications under this Agreement. 3.8.4 The Operator's Representative may delegate, while retaining his prime responsibilities, any of his powers, functions and authorities to any competent Person, and may at any time revoke any such delegation. Any such delegation or revocation shall be in writing and shall not take effect until the Authority has received prior written notice signed by the Operator's Representative, specifying the powers, functions and authorities being delegated or revoked. Operator's Representative shall notify in writing to the Authority, the names, duties and scope of authority of such Persons. Any instructions given to any of them shall be deemed to have been given to the Operator's Representative. Any such delegation shall not relieve the Operator’s Representative of its obligation and duties under this Agreement. 3.8.5 The Project or any part thereof shall not be branded in any manner to advertise, display or reflect the name or identity of the Operator or its shareholders. The Operator undertakes that it shall not, in any manner, use the name or identity of the Project to advertise or display its own identity, brand equity or business interests, including those of its shareholders. For the avoidance of doubt, it is agreed that the Operator may display its own name at the spots where other public notices are displayed for the users after obtaining No Objection Certificate (NOC) from the Authority."