Rectification. Where the surface irregularity of sub-grade and the various pavement course fall outside the specified tolerances contractor shall be liable .to rectify these in the manner described below and to the satisfaction of the Engineer - in-charge. .
Rectification. (a) Without prejudice to Owner’s rights under Article 25 and any other rights under this Project Agreement, in any of the circumstances set out in Sections 19.1 or 19.2, Owner may, by written notice, require Project Co to take such steps as Owner, acting reasonably, considers necessary or expedient to mitigate, rectify or protect against such circumstance, including, if applicable, the termination and replacement of any Project Co Party, and Project Co shall use commercially reasonable efforts to comply with Owner’s requirements as soon as reasonably practicable.
(b) If Owner gives notice to Project Co pursuant to Section 19.3(a) and either:
(i) Project Co does not either confirm, within 5 Business Days of such notice or such shorter period as is appropriate in the case of an Emergency that it is willing to take the steps required in such notice or present an alternative plan to Owner to mitigate, rectify and protect against such circumstances that Owner may accept or reject acting reasonably; or
(ii) Project Co fails to take the steps required in such notice or accepted alternative plan within such time as set out in such notice or accepted alternative plan or within such longer time as Owner, acting reasonably, shall think fit, then Owner may take such steps as it considers to be appropriate, acting reasonably, requiring the termination and replacement of Project Co Parties, either itself or by engaging others (including a third party) to take any such steps.
(c) Notwithstanding the foregoing provisions of this Section 19.3, in the event of an Emergency, the notice under Section 19.3(a) shall be given as promptly as possible having regard to the nature of the Emergency and Owner may, prior to Project Co’s confirmation under Section 19.3(b)(i), take such steps as are appropriate having regard to the nature of the Emergency.
Rectification. 1.1. The PARTIES, by mutual agreement, herewith resolve to amend subclause 3.1. of the AGREEMENT, which shall now read as follows:
3.1. The following SHARES of each PARTY are bound to the AGREEMENT, and comprise the participation percentage in the CONTROL BLOCK of the COMPANY, as shown in the table below:
Rectification. 1. The Parties shall ensure that any individual is entitled to seek correction or rectification of his or her personal information that he or she asserts is either inaccurate or has been improperly processed. Correction or rectification may include supplementation, erasure, blocking or other measures or methods for addressing inaccuracies or improper processing. Such correction or rectification shall be sought and obtained from a Competent Authority in accordance with the applicable legal framework of the State in which relief is sought.
2. Where the receiving Competent Authority concludes following:
a) a request under paragraph 1;
b) notification by the provider; or
c) its own investigations or inquiries; that information it has received under this Agreement is inaccurate or has been improperly processed, it shall take measures of supplementation, erasure, blocking or other methods of correction or rectification, as appropriate.
3. An individual is entitled to authorize, where permitted under applicable domestic law, an oversight authority or other representative to seek correction or rectification on his or her behalf.
4. If correction or rectification is denied or restricted, the requested Competent Authority will, without undue delay, provide to the individual, or to his or to her duly authorized representative as set forth in paragraph 3, a response setting forth the basis for the denial or restriction of correction or rectification.
Rectification. 14.2.1 If the Concessionaire is obliged to carry out adjustments, repairs, replacements or modifications after completion of construction to maintain the Mandatory Development Obligations, the Concessioning Authority shall permit the Concessionaire to carry out all such adjustments, repairs, replacements or modifications as may be necessary. If the adjustment, repair, replacement or modification cannot be made without stopping the operations, then such request shall only be granted if the Concessionaire's request is reasonable under all the circumstances, having regard to the Concessioning Authority's obligations to keep the operation of the Project open during all hours of the day. The Concessioning Authority shall, based on written request by the Concessionaire, grant suitable rectification time period, within which the Concessionaire needs to complete the necessary works and during which period the Concessionaire shall not be considered in breach of the Agreement.
Rectification. If the material asserts the commission or omission of any act which is susceptible of rectification, it shall not be placed in the file until a ten (10) work day period has elapsed. If such rectification has occurred within the ten (10) work day period and is acceptable to the Administration, such material shall not be placed in the file unless the Superintendent or his/her designee shall characterize the material as evidencing conduct which requires future remediation or as part of a course of conduct which might affect subsequent disciplinary considerations.
Rectification. If any amount paid pursuant to a Transaction Document (other than by or to the Facility Agent) shall be determined (after consultation in good faith between the Transaction Parties which are parties to the relevant Transaction Document) to have been incorrect, the Transaction Parties shall consult in good faith in order to agree upon an appropriate method for rectifying such error so that the amounts subsequently received and retained by all relevant Transaction Parties are those which they would have received and retained if no such error had been made.
Rectification. In case of any mistake in this Agreement, including any error, ambiguity, illegality, contradiction, or omission, this Agreement shall be interpreted as if such mistake were rectified in a manner which implements the intent of the parties as nearly as possible and effects substantial fairness, considering all pertinent circumstances.
Rectification. If a Contractor Default has occurred and the Authority wishes to terminate this Agreement, it must serve a Termination Notice on the Contractor. The Termination Notice must specify: the type and nature of Contractor Default that has occurred, giving reasonable details; and that in the case of any Contractor Default falling within limbs (a), (g) and (o) of the definition of Contractor Default this Agreement will terminate on the day falling forty (40) Business Days after the date the Contractor receives the Termination Notice, unless: in the case of a breach under limb (a) of the definition of Contractor Default the Contractor puts forward an acceptable rectification programme within twenty (20) Business Days after the date the Contractor receives the Termination Notice (and implements such programme in accordance with its terms and rectifies the Contractor Default in accordance with the programme); or in the case of any Contractor Default falling within limbs (a), (g) and (o) of the definition of Contractor Default the Contractor rectifies the Contractor Default within forty (40) Business Days after the date the Contractor receives the Termination Notice; or that in the case of any other Contractor Default (not being limbs (a), (g) or (o)), this Agreement will terminate on the date falling forty (40) Business Days after the date the Contractor receives the Termination Notice. If the Contractor either rectifies the Contractor Default within the time period specified in the Termination Notice, or implements the accepted rectification programme, if applicable, in accordance with its terms, the Termination Notice will be deemed to be revoked and this Agreement will continue. If either in the case of a Contractor Default within limb (a) of the definition of that term where no acceptable rectification programme has been put forward pursuant to clause 41.4.2.2.1 or in the case of a Contractor Default falling within limbs (g) or (o) of the definition of Contractor Default, the Contractor fails to rectify the Contractor Default within the time period specified in the Termination Notice, the Authority may give notice stating that this Agreement will, subject to the terms of the Direct Agreement, terminate on the date falling five (5) Business Days after the date of service of such notice. If the Contractor fails to implement any rectification programme in accordance with its terms, this Agreement will, subject to the terms of the Direct Agreement, terminate on the d...
Rectification. (a) If any of the financial covenants set out in paragraphs (a) to (c) of Clause 21.1 (Financial covenants) is not satisfied (an “Unsatisfied Financial Covenant”) for any Relevant Period ending on a Relevant Date (the “Affected Relevant Date”), within 20 Business Days after the earlier of the date on which the financial statements for the period ending on the Affected Relevant Date are due under Clause 20.1 (Annual financial statements) and/or Clause 20.2 (Quarterly financial statements), and the date on which the financial statements for the period ending on the Affected Relevant Date are actually received by the Agent, the Borrower may:
(i) obtain an equity contribution or Internal Subordinated Debt (each, a “Sponsor Group Contribution”) from a member of the Sponsor Group;
(ii) repay or prepay outstanding Debt (including outstanding Loans);
(iii) provide cash cover in respect of the Loans; and/or
(iv) procure the issue of Bank SBLCs in favour of the Agent, (each a “Rectification Amount”) so that immediately after such contribution, prepayment, repayment, provision of cash cover and/or issue of Bank SBLCs, the Unsatisfied Financial Covenant will be satisfied, it being understood that in relation to an Unsatisfied Financial Covenant in respect of paragraph (c) of Clause 21.1 (Financial covenants), the Borrower may only satisfy such Unsatisfied Financial Covenant pursuant to paragraph (a)(i) above.
(b) If a Rectification Amount has been provided to satisfy an Unsatisfied Financial Covenant and that financial covenant is satisfied for the Relevant Periods ending on any two consecutive Relevant Dates after the Affected Relevant Date, in each case, without taking into consideration such Rectification Amount, provided that no Default is continuing:
(i) where the Rectification Amount comprises a Sponsor Group Contribution, the Borrower may repay that Sponsor Group Contribution (or the relevant part thereof);
(ii) where the Rectification Amount comprises a repayment or prepayment of Debt, the Borrower may redraw that Debt in accordance with its terms (provided that where that Debt comprised outstanding Loans, such Loans may only be redrawn in accordance with this Agreement); and
(iii) where the Rectification Amount comprises cash cover or a Bank SBLC, the Security Trustee shall (and is irrevocably authorised and instructed by all the Secured Parties to), upon the written request of the Borrower, release such cash cover (or the relevant part thereof) or, as the ca...
