Common use of Enforcement Action Clause in Contracts

Enforcement Action. 15.6.1 Pursuant to the cession of the Facility Operator's right, title and interest, or any reversionary interest, (as the case may be) in and to the Performance Guarantees as contemplated in clause 15.5 (cession of Performance Guarantees), such Performance Guarantees shall secure the Facility Operator's performance of its obligations to TNPA in respect of the Operation and Maintenance and may be called on by TNPA to the extent of any losses, costs, damages or expenses suffered or incurred by TNPA as a result of a breach by the Facility Operator of the aforesaid obligations including, but not limited to, compensation to TNPA for any actions taken by TNPA as a result of such breach by the Facility Operator of its obligations. 15.6.2 Prior to enforcing any such Performance Guarantee as aforesaid, TNPA shall give notice to the Facility Operator, informing the Facility Operator of the breach giving rise to the right, on the part of TNPA, to enforce the Performance Guarantee. If such breach is not remedied within the stipulated remedy period (as contemplated in clause 43.4 (remedy provisions)), and subject to the terms and conditions contained in the relevant or applicable Performance Guarantee, TNPA may enforce the applicable Performance Guarantee for an amount equal to any cost, losses, damages or expenses incurred by TNPA in respect of any such breach by the Facility Operator.

Enforcement Action. 15.6.1 15.8.1 Pursuant to the cession of the Facility Terminal Operator's ’s right, title and interest, or any reversionary interest, (as the case may be) in and to the Performance Guarantees as contemplated in clause 15.5 15.7 (cession of Performance Guarantees), such Performance Guarantees shall secure the Facility Terminal Operator's ’s performance of its obligations to the TNPA in respect of the Construction Works and Operation and Maintenance and may be called on by the TNPA to the extent of any losses, costs, damages or expenses suffered or incurred by the TNPA as a result of a breach by the Facility Terminal Operator of the aforesaid obligations including, but not limited to, compensation to the TNPA for any actions taken by the TNPA as a result of such breach by the Facility Terminal Operator of its obligations. 15.6.2 15.8.2 Prior to enforcing any such Performance Guarantee as aforesaid, the TNPA shall give notice to the Facility Terminal Operator, informing the Facility Terminal Operator of the breach giving rise to the right, on the part of the TNPA, to enforce the Performance Guarantee. If such breach is not remedied within the stipulated remedy period (as contemplated in clause 43.4 45.4 (remedy provisions)), and subject to the terms and conditions contained in the relevant or applicable Performance Guarantee, the TNPA may enforce the applicable Performance Guarantee for an amount equal to any cost, losses, damages or expenses incurred by the TNPA in respect of any such breach by the Facility Terminal Operator.

Enforcement Action. 15.6.1 15.7.1 Pursuant to the cession of the Facility Terminal Operator's right, title and interest, or any reversionary interest, (as the case may be) in and to the Performance Guarantees as contemplated in clause 15.5 15.6 (cession Cession of Performance Guarantees), such Performance Guarantees shall secure the Facility Terminal Operator's performance of its obligations to TNPA in respect of the Operation and Maintenance and may be called on by TNPA to the extent of any losses, costs, damages or expenses suffered or incurred by TNPA as a result of a breach by the Facility Terminal Operator of the aforesaid obligations including, but not limited to, compensation to TNPA for any actions taken by TNPA as a result of such breach by the Facility Terminal Operator of its obligations. 15.6.2 15.7.2 Prior to enforcing any such Performance Guarantee as aforesaid, TNPA shall give notice to the Facility Terminal Operator, informing the Facility Terminal Operator of the breach giving rise to the right, on the part of TNPA, to enforce the Performance Guarantee. If such breach is not remedied within the stipulated remedy period (as contemplated in clause 43.4 (remedy provisionsRemedy Provisions)), and subject to the terms and conditions contained in the relevant or applicable Performance GuaranteeGuarantee and to any rights of the Lenders in terms of their cession under clause 15.7.1, TNPA may enforce the applicable Performance Guarantee for an amount equal to any cost, losses, damages or expenses incurred by TNPA in respect of any such breach by the Facility Terminal Operator.