Common use of LIABILITY OF CONCESSIONAIRE Clause in Contracts

LIABILITY OF CONCESSIONAIRE. Notwithstanding anything to the contrary contained in this Agreement, (a) in addition to the Concessionaire’s liability and obligations, indemnities and the Authority’s remedies provided elsewhere in this Agreement, the Concessionaire shall be solely responsible for any loss of or damage to the Project and the Project Assets, damage to environment, death or injury to Person, and any other liabilities, damages, losses and reasonable cost and expenses (including legal costs) suffered by the Authority: (i) during the Concession Period resulting from any negligent act or omission of the Concessionaire , the Contractors, the Contractual Counter Parties or any other Person and their respective employees, agents, contractors and representatives. (ii) in connection with, arising out of, or resulting from any breach of warranty, material misrepresentation by the Concessionaire , Contractor or Contractual Counter Parties, or non-performance of any term, condition, covenant or obligation to be performed by the Concessionaire , Contractor or Contractual Counter Parties under this Agreement and the Transaction Documents. (b) The Concessionaire shall also be liable for any loss or damage which occurs as a result of any act, event, omission, negligence or default (including property circumstances, quality of materials used, workmanship, structural, design or other defects, latent or patent, non- compliance with development control regulations of the relevant local authorise time to time, building bye laws as may be applicable, other Applicable Laws, regulatory requirements of Government Authorities, Specifications and Standards or any other matter) for which the Concessionaire is liable or which is attributable to the Concessionaire and, in turn, the Persons claiming through or under the Concessionaire .

LIABILITY OF CONCESSIONAIRE. Notwithstanding anything to the contrary contained in this Agreement, (a) in addition to the Concessionaire’s liability and obligations, indemnities and the Authority’s remedies provided elsewhere in this Agreement, the Concessionaire shall be solely responsible for any loss of or damage to the Project and the Project Assets, damage to environment, death or injury to Person, and any other liabilities, damages, losses and reasonable cost and expenses (including legal costs) suffered by the Authority: (i) during the Concession Period resulting from any negligent act or omission of the Concessionaire Concessionaire, the Contractors, the Contractual Counter Parties or any other Person and their respective employees, agents, contractors and representatives. (ii) in connection with, arising out of, or resulting from any breach of warranty, material misrepresentation by the Concessionaire Concessionaire, Contractor or Contractual Counter Parties, or non-performance of any term, condition, covenant or obligation to be performed by the Concessionaire Concessionaire, Contractor or Contractual Counter Parties under this Agreement and the Transaction Documents. (b) The Concessionaire shall also be liable for any loss or damage which occurs as a result of any act, event, omission, negligence or default (including property circumstances, quality of materials used, workmanship, structural, design or other defects, latent or patent, non- compliance with development control regulations of the relevant local authorise time to time, building bye laws as may be applicable, other Applicable Laws, regulatory requirements of Government Authorities, Specifications and Standards or any other matter) for which the Concessionaire is liable or which is attributable to the Concessionaire and, in turn, the Persons claiming through or under the Concessionaire .

LIABILITY OF CONCESSIONAIRE. Notwithstanding anything to the contrary contained in this Agreement, (a) in addition to the Concessionaire’s liability and obligations, indemnities and the Grantor / Authority’s remedies provided elsewhere in this Agreement, the Concessionaire shall be solely responsible for any loss of or damage to the Project and the Project Assets, damage to environment, death or injury to Person, and any other liabilities, damages, losses and reasonable cost and expenses (including legal costs) suffered by the Grantor / Authority: (i) during the Concession Period resulting from any negligent act or omission of the Concessionaire Concessionaire, the Contractors, the Contractual Counter Parties or any other Person and their respective employees, agents, contractors and representatives. (ii) in connection with, arising out of, or resulting from any breach of warranty, material misrepresentation by the Concessionaire Concessionaire, Contractor or Contractual Counter Parties, or non-performance of any term, condition, covenant or obligation to be performed by the Concessionaire Concessionaire, Contractor or Contractual Counter Parties under this Agreement and the Transaction Documents. (b) The Concessionaire shall also be liable for any loss or damage which occurs as a result of any act, event, omission, negligence or default (including property circumstances, quality of materials used, workmanship, structural, design or other defects, latent or patent, non- compliance with development control regulations of the relevant local authorise time to time, building bye laws as may be applicable, other Applicable Laws, regulatory requirements of Government Authorities, Specifications and Standards or any other matter) for which the Concessionaire is liable or which is attributable to the Concessionaire and, in turn, the Persons claiming through or under the Concessionaire .