Common use of Overriding powers of Railways Clause in Contracts

Overriding powers of Railways. 15.7.1. If in the reasonable opinion of Railways, the SPD is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause danger, Railways may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the SPD to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. 15.7.2. In the event that the SPD, upon notice under Clause 15.8,1, fails to rectify or remove any danger within a reasonable period, Railways may exercise overriding powers under this Clause 15.8.2 and take over the performance of any or all the obligations of the SPD to the extent deemed necessary by it for rectifying or removing such danger; provided that the exercise of such overriding powers by Railways shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by Railways in discharge of its obligations hereunder shall be deemed to be O&M Expenses, and Railways shall be entitled to recover them from the SPD in accordance with the provisions of Clause 17.8along with the Damages specified therein. 15.7.3. In the event of a national emergency, civil commotion, Railways may take over the performance of any or all the obligations of the SPD to the extent deemed necessary by it, and exercise such control over the Solar Rooftop Power System or give such directions to the SPD as may be deemed necessary; provided that the exercise of such overriding powers by Railways shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by Railways. It is also agreed that the SPD shall comply with such instructions as Railways may issue in pursuance of the provisions of this Clause 15.8, and shall provide assistance and cooperation to Railways, on a best effort basis, for performance of its obligations hereunder.

Overriding powers of Railways. 15.7.1. If in the reasonable opinion of RailwaysRailway/NR, the SPD is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause danger, Railways Railway/NR may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the SPD to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. 15.7.2. In the event that the SPD, upon notice under Clause 15.8,115.7.1, fails to rectify or remove any danger within a reasonable period, Railways Railway/NR may exercise overriding powers under this Clause 15.8.2 15.7.2 and take over the performance of any or all the obligations of the SPD to the extent deemed necessary by it for rectifying or removing such danger; provided that the exercise of such overriding powers by Railways Railway/NR shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by Railways Railway/NR in discharge of its obligations hereunder shall be deemed to be O&M Expenses, and Railways Railway/NR shall be entitled to recover them from the SPD in accordance with the provisions of Clause 17.8along 15.6 along with the Damages specified therein. 15.7.3. In the event of a national emergency, civil commotion, Railways may take over the performance of any or all the obligations of the SPD to the extent deemed necessary by it, and exercise such control over the Solar Rooftop Power System or give such directions to the SPD as may be deemed necessary; provided that the exercise of such overriding powers by Railways shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by Railways. It is also agreed that the SPD shall comply with such instructions as Railways may issue in pursuance of the provisions of this Clause 15.815.7.3, and shall provide assistance and cooperation to Railways, on a best effort basis, for performance of its obligations hereunder.