Common use of Overriding powers of the Employer Clause in Contracts

Overriding powers of the Employer. 14.9.1 If in the reasonable opinion of the Employer, the Contractor 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 hardship or danger to the Users and pedestrians, the Employer may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. 14.9.2 In the event that the Contractor, upon notice under Clause 14.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Employer may exercise overriding powers under this Clause 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Employer 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 Employer in discharge of its obligations hereunder shall be recovered by the Employer from the Contractor, and the Employer shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. 14.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Employer may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Works or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Employer 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 the Employer. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Employer may issue in pursuance of the provisions of this Clause 14.9.3, and shall provide assistance and cooperation to the Employer, on a best effort basis, for performance of its obligations hereunder.

Overriding powers of the Employer. 14.9.1 If in the reasonable opinion of the Employer, the Contractor is in material Material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material Material hardship or danger to the Users and pedestrians, the Employer may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. 14.9.2 In the event that the Contractor, upon notice under Clause 14.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Employer may exercise overriding powers under this Clause 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Employer 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 Employer in discharge of its obligations hereunder shall be recovered by the Employer from the Contractor, and the Employer shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. 14.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Employer may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Works or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Employer 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 the Employer. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Employer may issue in pursuance of the provisions of this Clause 14.9.3, and shall provide assistance and cooperation to the Employer, on a best effort basis, for performance of its obligations hereunder.

Overriding powers of the Employer. 14.9.1 If in the reasonable opinion of the Employer, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Operation and Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Employer may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. 14.9.2 In the event that the Contractor, upon notice under Clause 14.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Employer may exercise overriding powers under this Clause 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Employer 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 Employer in discharge of its obligations hereunder shall be recovered by the Employer from the Contractor, and the Employer shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Operation and Maintenance obligations. 14.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Employer may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Works or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Employer 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 the Employer. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Employer may issue in pursuance of the provisions of this Clause 14.9.3, and shall provide assistance and cooperation to the Employer, on a best effort basis, for performance of its obligations hereunder.

Overriding powers of the Employer. ‌ 14.9.1 If in the reasonable opinion of the Employer, the Contractor 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 hardship or danger to the Users and pedestrians, the Employer may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. 14.9.2 In the event that the Contractor, upon notice under Clause 14.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Employer may exercise overriding powers under this Clause 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Employer 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 Employer in discharge of its obligations hereunder shall be recovered by the Employer from the Contractor, and the Employer shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. 14.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Employer may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Works or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Employer 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 the Employer. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Employer may issue in pursuance of the provisions of this Clause 14.9.3, and shall provide assistance and cooperation to the Employer, on a best effort basis, for performance of its obligations hereunder.