Common use of De-commissioning due to Emergency Clause in Contracts

De-commissioning due to Emergency. If, in the reasonable opinion of the Concessionaire, there exists an Emergency which warrants de-commissioning and closure to traffic of the whole or any part of the Haji Bunder (Sewree) to Elephanta Island Ropeway, the Concessionaire shall be entitled to decommission and close the whole or any part of the Haji Bunder (Sewree) to Elephanta Island Ropeway to traffic for so long as such Emergency and the consequences thereof warrant; provided that such decommissioning and particulars thereof shall be notified by the Concessionaire to the Authority without any delay, and the Concessionaire shall diligently carry out and abide by any reasonable directions that the Authority may give for dealing with such Emergency. The Concessionaire shall re-commission the Haji Bunder (Sewree) to Elephanta Island Ropeway or the affected part thereof as quickly as practicable after the circumstances leading to its decommissioning and closure have ceased to exist or have so abated as to enable the Concessionaire to re-commission the Haji Bunder (Sewree) to Elephanta Island Ropeway and shall notify the Authority of the same without any delay. Any decommissioning or closure of any part of the Haji Bunder (Sewree) to Elephanta Island Ropeway and the re-commissioning thereof shall, as soon as practicable, be brought to the notice of affected persons by means of public announcements/notice.

De-commissioning due to Emergency. 17.7.1 If, in the reasonable opinion of the Concessionaire, there exists an Emergency which warrants de-commissioning and closure to traffic of the whole or any part of the Haji Bunder (Sewree) to Elephanta Island RopewayStorage Facility, the Concessionaire shall be entitled to decommission de-commission and close the whole or any part of the Haji Bunder (Sewree) to Elephanta Island Ropeway to traffic Storage Facility for so long as such Emergency and the consequences thereof warrant; provided that such decommissioning de-commissioning and particulars thereof shall be notified by the Concessionaire to the Authority without any delay, and the Concessionaire shall diligently carry out and abide by any reasonable directions that the Authority may give for dealing with such Emergency. For the avoidance of doubt, the Parties agree that in the event the Authority does not approve the de-commissioning of the Storage Facility by the Concessionaire under this Clause 17.7.1, it may refer the matter to the Independent Expert for determination of the facts and if any Dispute remains thereafter, the Dispute Resolution Procedure shall apply. 17.7.2 The Concessionaire shall re-commission the Haji Bunder (Sewree) to Elephanta Island Ropeway Storage Facility or the affected part thereof as quickly as practicable after the circumstances leading to its decommissioning de-commissioning and closure have ceased to exist or have so abated as to enable the Concessionaire to re-re- commission the Haji Bunder (Sewree) to Elephanta Island Ropeway Storage Facility and shall notify the Authority of the same without any delay. . 17.7.3 Any decommissioning de-commissioning or closure of any part of the Haji Bunder (Sewree) to Elephanta Island Ropeway Storage Facility and the re-re- commissioning thereof shall, as soon as practicable, be brought to the notice of affected persons by means of public announcements/notice.

De-commissioning due to Emergency. If, If in the reasonable opinion of the Concessionaire, there exists an Emergency which warrants de-commissioning and closure to traffic of the whole or any part of the Haji Bunder (Sewree) to Elephanta Island RopewayProject, the Concessionaire shall be entitled to decommission de-commission and close the whole or any part of the Haji Bunder (Sewree) Project to Elephanta Island Ropeway to traffic visitors for so long as such Emergency and the consequences thereof warrant; provided that such decommissioning and particulars thereof shall be notified by the Concessionaire to the Authority Maha- Metro without any delay, and the Concessionaire shall diligently carry out and abide by any reasonable directions that the Authority Maha-Metro may give for dealing with such Emergency. The Concessionaire shall re-commission the Haji Bunder (Sewree) to Elephanta Island Ropeway Project or the affected part thereof as quickly as practicable after the circumstances leading to its decommissioning and closure have ceased to exist or have so abated as to enable the Concessionaire to re-commission the Haji Bunder (Sewree) to Elephanta Island Ropeway Project and shall notify the Authority Maha-Metro of the same without any delay. Any decommissioning or closure of any part of the Haji Bunder (Sewree) to Elephanta Island Ropeway Project and the re-commissioning thereof shall, as soon as practicable, be brought to the notice of affected persons by means of public announcements/notice. In the event the Concessionaire does not maintain and/or repair the Project and such breach is causing or likely to cause the safety and security of a public at a large, Maha-Metro 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 25% (twenty five per cent) of such cost shall be paid by the Concessionaire to Maha-Metro as Damages /Overhead Expenses. Maha-Metro shall have the right, and the Concessionaire hereby expressly grants to Maha- Metro the right, to recover the costs and Damages specified in Clause 16.5.1.

De-commissioning due to Emergency. 17.12.1 If, in the reasonable opinion of the Concessionaire, there exists an Emergency which warrants de-commissioning and closure to traffic of the whole or any part of the Haji Bunder (Sewree) to Elephanta Island RopewayProject Facility, the Concessionaire shall be entitled to decommission de-commission and close the whole or any part of the Haji Bunder (Sewree) to Elephanta Island Ropeway to traffic Project Facility for so long as such Emergency and the consequences thereof warrant; provided that such decommissioning de-commissioning and particulars thereof shall be notified by the Concessionaire to the Authority without any delay, and the Concessionaire shall diligently carry out and abide by any reasonable directions that the Authority may give for dealing with such Emergency. For the avoidance of doubt, the Parties agree that in the event the Authority does not approve the de- commissioning of the Project Facility by the Concessionaire under this Clause 17.12.1, it may refer the matter to the Independent Expert for determination of the facts and if any Dispute remains thereafter, the Dispute Resolution Procedure shall apply. 17.12.2 The Concessionaire shall re-commission the Haji Bunder (Sewree) to Elephanta Island Ropeway operations of the Project Facility or the affected part thereof as quickly as practicable after the circumstances leading to its decommissioning de-commissioning and closure have ceased to exist or have so abated as to enable the Concessionaire to re-re- commission the Haji Bunder (Sewree) to Elephanta Island Ropeway Project Facility and shall notify the Authority of the same without any delay. . 17.12.3 Any decommissioning de-commissioning or closure of any part of the Haji Bunder (Sewree) to Elephanta Island Ropeway Project Facility and the re-commissioning thereof shall, as soon as practicable, be brought to the notice of affected persons by means of public announcements/notice.