Project Co Shall Perform Obligations Under Encumbrances. (a) Project Co’s access to and use of the Lands or any part thereof granted in Section 16 shall be subject to the Encumbrances.
(b) Subject to Section 17.2, Project Co shall perform all obligations of Contracting Authority under all Encumbrances for or on behalf of Contracting Authority, other than:
(i) obligations which Project Co is not legally capable of performing for or on behalf of Contracting Authority; and
(ii) obligations which the applicable counterparty to such Encumbrance formally relieves or waives Project Co from performing, with the consent of Contracting Authority, in its sole discretion (and if such relief or waiver is not consented to by Contracting Authority, and subject to Section 17.1(b)(i), Project Co shall perform such obligations in accordance with this Section 17).
(c) Project Co, whether before, during or after the completion of the Works, shall not in any manner breach the Encumbrances.
