Common use of Engagement of Contractors Clause in Contracts

Engagement of Contractors. The Concessionaire may engage any Person possessing the requisite skill, expertise and capability for 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 Project Contracts or any other agreement, and no default under any Project Contract or agreement shall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for 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 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 arms length basis.

Engagement of Contractors. The Concessionaire may engage any Person possessing the requisite skill, expertise and capability for capabilityof 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 Project Contracts ProjectContracts or any other agreement, and no default under any Project Contract or agreement shall agreementshall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for non performance 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 should have obtained requisite 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 arms length basisarm’s lengthbasis.

Engagement of Contractors. The Concessionaire may engage any Person possessing the requisite skill, expertise and capability for of 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 Project Contracts or any other agreement, and no default under any Project Contract or agreement shall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for non performance 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 should have obtained requisite 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 arms arm’s length basis.

Engagement of Contractors. The Concessionaire may engage any Person possessing the requisite skill, expertise and capability for of 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) 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 Project Contracts or any other agreement, and no default under any Project Contract or agreement shall excuse the Concessionaire from its obligations or liability hereunder and the Concessionaire shall at all times be solely responsible for non performance 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 should have obtained requisite 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 arms arm’s length basis.