Common use of Declaration of Ineffectiveness Clause in Contracts

Declaration of Ineffectiveness. 28.1 In the event that a court makes a Declaration of Ineffectiveness, the Authority shall promptly notify the Service Provider. The Parties agree that the provisions of Clause 27 and this Clause 28 shall apply as from the date of receipt by the Service Provider of the notification of the Declaration of Ineffectiveness. Where there is any conflict or discrepancy between the provisions of Clause 27 and this Clause 28 or the Cessation Plan, the provisions of this Clause 28 and the Cessation Plan shall prevail. 28.2 The Declaration of Ineffectiveness shall not prejudice or affect any right, liability or remedy which has accrued or shall accrue to either Party prior to or after such Declaration of Ineffectiveness. 28.3 As from the date of receipt by the Service Provider of the notification of the Declaration of Ineffectiveness, the Parties (acting reasonably and in good faith) shall agree or, in the absence of such agreement, the Authority shall reasonably determine an appropriate Cessation Plan with the object of achieving: 28.3.1 an orderly and efficient cessation of the Services or (at the Authority’s request) a transition of the Services to the Authority or such other entity as the Authority may specify; and 28.3.2 minimal disruption or inconvenience to the Authority or to public passenger transport services or facilities, in accordance with the provisions of this Clause 28 and to give effect to the terms of the Declaration of Ineffectiveness. 28.4 Upon agreement, or determination by the Authority, of the Cessation Plan the Parties will comply with their respective obligations under the Cessation Plan. 28.5 The Authority shall pay the Services Provider’s reasonable costs in assisting the Authority in preparing, agreeing and complying with the Cessation Plan. Such costs shall be based on any comparable costs or Charges agreed as part of this Contract or as otherwise reasonably determined by the Authority. Provided that the Authority shall not be liable to the Service Provider for any loss of profit, revenue, goodwill or loss of opportunity as a result of the early termination of this Contract pursuant to this Clause 28.

Declaration of Ineffectiveness. 28.1 30.1 In the event that a court makes a Declaration of Ineffectiveness, the Authority shall will promptly notify the Service ProviderContractor. The Parties agree that the provisions of Clause 27 28 and this Clause 28 shall 30 will apply as from the date of receipt by the Service Provider Contractor of the notification of the Declaration of Ineffectiveness. Where there is any conflict or discrepancy between the provisions of Clause 27 28 and this Clause 28 30 or the Cessation Plan, the provisions of this Clause 28 30 and the Cessation Plan shall will prevail. 28.2 30.2 The Declaration of Ineffectiveness shall will not prejudice or affect any right, liability or remedy which has accrued or shall will accrue to either Party prior to or after such Declaration of Ineffectiveness. 28.3 30.3 As from the date of receipt by the Service Provider Contractor of the notification of the Declaration of Ineffectiveness, the Parties (acting reasonably and in good faith) shall will agree or, in the absence of such agreement, the Authority shall will reasonably determine an appropriate Cessation Plan with the object of achieving: 28.3.1 30.3.1 an orderly and efficient cessation of the Services or (at the Authority’s request) a transition of the Services to the Authority or such other entity as the Authority may specify; and 28.3.2 30.3.2 minimal disruption or inconvenience to the Authority or to public passenger transport services or facilities, in accordance with the provisions of this Clause 28 30 and to give effect to the terms of the Declaration of Ineffectiveness. 28.4 30.4 Upon agreement, or determination by the Authority, of the Cessation Plan the Parties will comply with their respective obligations under the Cessation Plan. 28.5 30.5 The Authority shall will pay the Services ProviderContractor’s reasonable costs in assisting the Authority in preparing, agreeing and complying with the Cessation Plan. Such costs shall will be based on any comparable costs or Charges the Contract Price agreed as part of this Contract or as otherwise reasonably determined by the Authority. Provided that the Authority shall will not be liable to the Service Provider Contractor for any loss of profit, revenue, goodwill or loss of opportunity as a result of the early termination of this Contract pursuant to this Clause 2830.

Declaration of Ineffectiveness. 28.1 35.1 In the event that a court makes a Declaration of Ineffectiveness, the Authority shall will promptly notify the Service ProviderContractor. The Parties agree that the provisions of Clause 27 33 and this Clause 28 shall 35 will apply as from the date of receipt by the Service Provider Contractor of the notification of the Declaration of Ineffectiveness. Where there is any conflict or discrepancy between the provisions of Clause 27 33 and this Clause 28 35 or the Cessation Plan, the provisions of this Clause 28 35 and the Cessation Plan shall will prevail. 28.2 35.2 The Declaration of Ineffectiveness shall will not prejudice or affect any right, liability or remedy which has accrued or shall will accrue to either Party prior to or after such Declaration of Ineffectiveness. 28.3 35.3 As from the date of receipt by the Service Provider Contractor of the notification of the Declaration of Ineffectiveness, the Parties (acting reasonably and in good faith) shall will agree or, in the absence of such agreement, the Authority shall will reasonably determine an appropriate Cessation Plan with the object of achieving: 28.3.1 35.3.1 an orderly and efficient cessation of the Services or (at the Authority’s request) a transition of the Services to the Authority or such other entity as the Authority may specify; and 28.3.2 35.3.2 minimal disruption or inconvenience to the Authority or to public passenger transport services or facilities, in accordance with the provisions of this Clause 28 35 and to give effect to the terms of the Declaration of Ineffectiveness. 28.4 35.4 Upon agreement, or determination by the Authority, of the Cessation Plan the Parties will comply with their respective obligations under the Cessation Plan. 28.5 35.5 The Authority shall will pay the Services ProviderContractor’s reasonable costs in assisting the Authority in preparing, agreeing and complying with the Cessation Plan. Such costs shall will be based on any comparable costs or Charges the charges agreed as part of this Contract or as otherwise reasonably determined by the Authority. Provided that the Authority shall will not be liable to the Service Provider Contractor for any loss of profit, revenue, goodwill or loss of opportunity as a result of the early termination of this Contract pursuant to this Clause 2835.

Declaration of Ineffectiveness. 28.1 29.1 The Parties do not anticipate that the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006 apply to the grant of the Rights under this Agreement. The following provisions are included to deal with any possibility that such Regulations do apply. 29.2 In the event that a court makes a Declaration of Ineffectiveness, the Authority shall promptly notify the Service ProviderConcessionaire. The Parties agree that the provisions of Clause 27 28 and this Clause 28 29 shall apply as from the date of receipt by the Service Provider Concessionaire of the notification of the Declaration of Ineffectiveness. Where there is any conflict or discrepancy between the provisions of Clause 27 28 and this Clause 28 29 or the Cessation Plan, the provisions of this Clause 28 29 and the Cessation Plan shall prevail. 28.2 29.3 The Declaration of Ineffectiveness shall not prejudice or affect any right, liability or remedy which has accrued or shall accrue to either Party prior to or after such Declaration of Ineffectiveness. 28.3 29.4 As from the date of receipt by the Service Provider Concessionaire of the notification of the Declaration of Ineffectiveness, the Parties (acting reasonably and in good faith) shall agree or, in the absence of such agreement, the Authority shall reasonably determine an appropriate Cessation Plan with the object of achieving: 28.3.1 (a) an orderly and efficient cessation of the Services or (at the Authority’s request) a transition of the Services to the Authority or such other entity as the Authority may specify; and 28.3.2 (b) minimal disruption or inconvenience to the Authority or to public passenger transport services or facilities, in accordance with the provisions of this Clause 28 29 and to give effect to the terms of the Declaration of Ineffectiveness. 28.4 29.5 Upon agreement, or determination by the Authority, of the Cessation Plan the Parties will comply with their respective obligations under the Cessation Plan. 28.5 29.6 The Authority shall pay the Services ProviderConcessionaire’s reasonable costs in assisting the Authority in preparing, agreeing and complying with the Cessation Plan. Such costs shall be based on any comparable costs or Charges agreed as part of this Contract or as otherwise reasonably determined by the Authority. Provided that the Authority shall not be liable to the Service Provider for any loss of profit, revenue, goodwill or loss of opportunity as a result of the early termination of this Contract pursuant to this Clause 28.

Declaration of Ineffectiveness. 28.1 31.1 In the event that a court makes a Declaration of Ineffectiveness, the Authority shall will promptly notify the Service ProviderContractor. The Parties agree that the provisions of Clause 27 29 and this Clause 28 shall 31 will apply as from the date of receipt by the Service Provider Contractor of the notification of the Declaration of Ineffectiveness. Where there is any conflict or discrepancy between the provisions of Clause 27 29 and this Clause 28 31 or the Cessation Plan, the provisions of this Clause 28 31 and the Cessation Plan shall will prevail. 28.2 31.2 The Declaration of Ineffectiveness shall will not prejudice or affect any right, liability or remedy which has accrued or shall will accrue to either Party prior to or after such Declaration of Ineffectiveness. 28.3 31.3 As from the date of receipt by the Service Provider Contractor of the notification of the Declaration of Ineffectiveness, the Parties (acting reasonably and in good faith) shall will agree or, in the absence of such agreement, the Authority shall will reasonably determine an appropriate Cessation Plan with the object of achieving: 28.3.1 31.3.1 an orderly and efficient cessation of the Services or (at the Authority’s request) a transition of the Services to the Authority or such other entity as the Authority may specify; and 28.3.2 31.3.2 minimal disruption or inconvenience to the Authority or to public passenger transport services or facilities, in accordance with the provisions of this Clause 28 31 and to give effect to the terms of the Declaration of Ineffectiveness. 28.4 31.4 Upon agreement, or determination by the Authority, of the Cessation Plan the Parties will comply with their respective obligations under the Cessation Plan. 28.5 31.5 The Authority shall will pay the Services ProviderContractor’s reasonable costs in assisting the Authority in preparing, agreeing and complying with the Cessation Plan. Such costs shall will be based on any comparable costs or Charges the charges agreed as part of this Contract or as otherwise reasonably determined by the Authority. Provided that the Authority shall will not be liable to the Service Provider Contractor for any loss of profit, revenue, goodwill or loss of opportunity as a result of the early termination of this Contract pursuant to this Clause 2831.