Common use of Engagement of Contractors Clause in Contracts

Engagement of Contractors. The Concessionaire may engage any Person possessing the requisite skill, expertise and capabilityof designing, engineering, procurement and construction of civil/ mechanical/electrical engineering structures/equipment, and /or operation and maintenance of the Project Facilities and Services. Provided: i. the Concessionaire shall at all times be solely responsible for all its obligations under this Agreement notwithstanding any such engagement and anything contained in any ProjectContracts or any other agreement, and no default under any Project Contract or agreementshall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for nonperformance or for any defect,deficiency or delay in the construction and erection and/or installation of the structures/equipment or any part thereof and for the operation and maintenance of the Project/the Project Facilities and Services in accordance with the provisions of this Agreement; ii. The Concessioning Authority shall on request by the Concessionaire, assist in obtaining, if required, security clearance for the Contractor the Concessionaire intends to engage iii. the Concessionaire shall ensure that the Project Contracts contain provisions that entitle the Concessioning Authority to step into such contract in its sole discretion in substitution of the Concessionaire in the event of termination or suspension of this Agreement; and iv. any contract that it enters with an Affiliate in respect of the Project shall be on an arm’s lengthbasis.

Engagement of Contractors. The Concessionaire may engage any Person possessing the requisite skill, expertise and capabilityof capability for designing, engineering, procurement and construction of civil/ civil/mechanical/electrical engineering structures/equipment, and /or and/or operation and maintenance of the Project Facilities and Services. Provided: i. (i) the Concessionaire shall at all times be solely responsible for all its obligations under this Agreement notwithstanding any such engagement and anything contained in any ProjectContracts Project Contracts or any other agreement, and no default under any Project Contract or agreementshall agreement shall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for nonperformance non performance or for any defect,, deficiency or delay in the construction and erection and/or installation of the structures/equipment or any part thereof and for the operation and maintenance of the Project/the Project Facilities and Services in accordance with the provisions of this Agreement; (ii. The Concessioning Authority shall on request by ) the Concessionaire, assist in obtaining, if required, Concessionaire should have obtained requisite security clearance for the Contractor the Concessionaire intends to engage; (iii. ) the Concessionaire shall ensure that the Project Contracts contain provisions that entitle the Concessioning Authority to step into such contract in its sole discretion in substitution of the Concessionaire in the event of termination or suspension of this Agreement; and (iv. ) any contract that it enters with an Affiliate in respect of the Project shall be on an arm’s lengthbasisarms length basis.

Engagement of Contractors. The Concessionaire may engage any Person possessing the requisite skill, expertise and capabilityof capability of designing, engineering, procurement and construction of civil/ mechanical/electrical engineering structures/equipment, and /or operation and maintenance of the Project Facilities and Services. Provided: i. the Concessionaire shall at all times be solely responsible for all its obligations under this Agreement notwithstanding any such engagement and anything contained in any ProjectContracts Project Contracts or any other agreement, and no default under any Project Contract or agreementshall agreement shall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for nonperformance or for any defect,, deficiency or delay in the construction and erection and/or installation of the structures/equipment or any part thereof and for the operation and maintenance of the Project/the Project Facilities and Services in accordance with the provisions of this Agreement; ii. The Concessioning Authority shall on request by the Concessionaire, assist in obtaining, if required, security clearance for the Contractor the Concessionaire intends to engage iii. the Concessionaire shall ensure that the Project Contracts contain provisions that entitle the Concessioning Authority to step into such contract in its sole discretion in substitution of the Concessionaire in the event of termination or suspension of this Agreement; and iv. any contract that it enters with an Affiliate in respect of the Project shall be on an arm’s lengthbasislength basis.

Engagement of Contractors. The Concessionaire may engage any Person possessing the requisite skill, expertise and capabilityof capability of designing, engineering, procurement and construction of civil/ mechanical/electrical engineering structures/equipment, and /or operation and maintenance of the Project Facilities and Services. Provided: i. (i) the Concessionaire shall at all times be solely responsible for all its obligations under this Agreement notwithstanding any such engagement and anything contained in any ProjectContracts Project Contracts or any other agreement, and no default under any Project Contract or agreementshall agreement shall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for nonperformance or for any defect,, deficiency or delay in the construction and erection and/or installation of the structures/equipment or any part thereof and for the operation and maintenance of the Project/the Project Facilities and Services in accordance with the provisions of this Agreement; (ii. ) The Concessioning Authority shall on request by the Concessionaire, assist in obtaining, if required, security clearance for the Contractor the Concessionaire intends to engage (iii. ) the Concessionaire shall ensure that the Project Contracts contain provisions that entitle the Concessioning Authority to step into such contract in its sole discretion in substitution of the Concessionaire in the event of termination or suspension of this Agreement; and (iv. ) any contract that it enters with an Affiliate in respect of the Project shall be on an arm’s lengthbasislength basis.