Common use of Overriding powers of the Authority Clause in Contracts

Overriding powers of the Authority. 17.6.1 If in the reasonable opinion of the Authority, the Concessionaire 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 material deterioration of Project Assets, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Concessionaire to take reasonable measures immediately for rectifying such breach. 17.6.2 In the event of the Concessionaire, upon notice under Clause 17.6.1, fails to rectify the breach within a reasonable period, the Authority may exercise overriding powers under this Clause 17.6.2 and take over the performance of any or all the obligations of the Concessionaire to the extent deemed necessary by it for rectifying the breach; provided that the exercise of such overriding powers by the Authority 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 the Authority in discharge of its obligations hereunder shall be deemed to be O&M Expenses, and the Authority shall be entitled to recover the costs and Damages directly from the Escrow Account as if such costs and Damages were O&M Expenses, and for that purpose, the Concessionaire hereby agrees to give irrevocable instructions to the Escrow bank to make payment from the Escrow Account in accordance with the instruction of the Authority under this Clause 17.6.2 and debit the same to O&M Expenses under para 4.1.1 (h) and 4.2 (d) of the Escrow Agreement.

Overriding powers of the Authority. 17.6.1 16.4.1. If in the reasonable opinion of the Authority, the Concessionaire 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 material deterioration of Project Assetshardship or danger to the people residing in surrounding areas or to the personnel working at the respective FSTPs, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Concessionaire to take reasonable measures immediately for rectifying or removing such breachhardship or danger, as the case may be. 17.6.2 16.4.2. In the event of that the Concessionaire, upon notice under Clause 17.6.116.4.1, fails to rectify the breach or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 17.6.2 16.4.2 and take over the performance of any or all the obligations of the Concessionaire to the extent deemed necessary by it for rectifying the breachor removing such hardship or danger; provided that the exercise of such overriding powers by the Authority 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 the Authority in discharge of its obligations hereunder shall be deemed to be O&M O & M Expenses, and the Authority shall be entitled to recover the costs and Damages directly them from the Escrow Account as if such costs and Damages were O&M Expenses, and for that purpose, the Concessionaire hereby agrees to give irrevocable instructions to the Escrow bank to make payment from the Escrow Account in accordance with the instruction provisions of the Authority under this Clause 17.6.2 and debit the same to O&M Expenses under para 4.1.1 (h) and 4.2 (d) of the Escrow Agreement16.3 along with Damages specified therein.