Obligations relating to Competing Roads. The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety percent) of its designed capacity specified in Clause
Appears in 4 contracts
Samples: Model Concession Agreement, Concession Agreement, Concession Agreement
Obligations relating to Competing Roads. β The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year 3 (three) consecutive years exceeds 90% (ninety percent) of its designed capacity specified as stipulated in Clausethe Specifications and Standards. Upon breach of its obligations hereunder, the provisions of the Fee Rules shall apply.
Appears in 1 contract
Samples: Concession Agreement
Obligations relating to Competing Roads. The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year three consecutive years exceeds 90% (ninety percentper cent) of its designed capacity specified as stipulated in Clausethe Specifications and Standards. Upon breach of its obligations hereunder, the provisions of clause 12 shall apply
Appears in 1 contract
Samples: Concession Agreement