Common use of Remedial Process Clause in Contracts

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days or such extended period as they may agree (the “Remedial Period”) the Parties shall, endeavour to arrive at an Agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Event of Default, with the prior approval of the Authority and in consultation with the Lenders, the Concessionaire shall endeavour to arrive at an Agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances; (a) the change of management or control/ownership of the Concessionaire; (b) the replacement of the Concessionaire by a new Concessionaire (“Substitute Entity”) on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders and the specific terms and conditions of such replacement which shall include: (i) the criteria for selection of the Substitute Entity, (ii) the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity, (iii) handing over/ transfer of the Project Assets and the Project to the Substitute Entity, (iv) assumption by the Substitute Entity of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Lenders’ charge on the Concessionaire’s assets, (v) assumption by Substitute Entity of any amounts due to the Authority from the Concessionaire under this Agreement.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days Days or such extended period as they may agree (the “Remedial Period”) the Parties shall, endeavour to arrive at an Agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Concessionaire Event of Default, with the prior approval of the Authority and in consultation with the Lenders, the Concessionaire shall endeavour to arrive at an Agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances; (a) the change of management or control/ownership of the ConcessionaireConcessionaire ; (b) the replacement of the Concessionaire by a new Concessionaire (“Substitute Entity”) on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders and the specific terms and conditions of such replacement which shall include: (i) the criteria for selection of the Substitute Entity, (ii) the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity, (iii) handing over/ transfer of the Project Assets and the Project to the Substitute Entity, (iv) assumption by the Substitute Entity of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Lenders’ charge on the Concessionaire’s assetsassets , (v) assumption by Substitute Entity of any amounts due to the Authority from the Concessionaire under this Agreement.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days or such extended period as they may agree (the “Remedial Period”) the Parties shall, endeavour endeavor to arrive at an Agreement agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire an Authorisee Event of Default, with the prior approval of the Authority Grantor and in consultation with the Lenders, the Concessionaire Authorisee shall endeavour Endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances; (a) the change of management or control/ownership of the ConcessionaireAuthorisee; (b) the replacement of the Concessionaire Authorisee by a new Concessionaire Authorisee (“Substitute Entity”) on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders and the specific terms and conditions of such replacement which shall include: (i) the criteria for selection of the Substitute Entity, (ii) the transfer of rights and obligations of the Concessionaire Authorisee surviving under this Agreement to the Substitute Entity, (iii) handing over/ transfer of the Project Assets and the Project to the Substitute Entity, (iv) assumption by the Substitute Entity of the outstanding obligations of the Concessionaire Authorisee under the Financing Documents and preserving Lenders’ Lenders‟ charge on the Concessionaire’s assetsAuthorisee‟s assets , (v) assumption by Substitute Entity of any amounts due to the Authority Grantor from the Concessionaire Authorisee under this Agreement.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days (ninety) Days or such extended period as they the Parties may agree (the “Remedial Period”) the Parties shall, in consultation with the Senior Lenders, endeavour to arrive at an Agreement agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Concessionaire Event of Default, with the prior approval of the Concessioning Authority and shall in consultation with the Lenders, the Concessionaire shall Senior Lenders endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances;: (a) the change of management or control/ownership of the Concessionaire; (b) the replacement of the Concessionaire by a new Concessionaire operator (“Substitute EntitySelectee”) on terms no less favourable than those contained in this Agreement, proposed by either the Senior Lenders (in terms of them or the Lenders Substitution Agreement), and the specific terms and conditions of such replacement which shall include: (i) i. the criteria for selection of the Substitute Entity,Selectee; (ii) . the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity,Selectee; (iii) . handing over/ transfer of the Project Site, the Port’s Assets and the Project Facilities and Services to the Substitute Entity,Selectee; (iv) assumption . acceptance by the Substitute Entity Selectee of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Senior Lenders’ charge on the Concessionaire’s assets,; (v) assumption v. acceptance by Substitute Entity the Selectee of any amounts due to the Concessioning Authority from the Concessionaire under this Agreement; and vi. payment of consideration for the Concessionaire’s assets comprised in the Project Facilities and Services and the manner of appropriation thereof.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days or such extended period as they may agree (the “Remedial Period”) the Parties shall, in consultation with the Lenders, endeavour to arrive at an Agreement agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Developer Event of Default, with the prior approval of the Authority and Parties shall in consultation with the Lenders, the Concessionaire shall Lenders endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances; (a) the change of management or control/ownership of the ConcessionaireDeveloper; (b) the replacement of the Concessionaire Developer by a new Concessionaire developer (the “Substitute Entity”) on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders Agreement and the specific terms and conditions of such replacement which shall include: (i) the criteria for selection of the Substitute Entity, (ii) the transfer of rights and obligations of the Concessionaire Developer surviving under this Agreement to the Substitute Entity, (iii) handing over/ transfer of the Project Assets and the Project to the Substitute Entity, (iv) assumption by the Substitute Entity of the outstanding obligations of the Concessionaire Developer under the Financing Documents and preserving Lenders’ charge on the ConcessionaireDeveloper’s assetsassets , (v) assumption by Substitute Entity of any amounts due to the Authority DMA from the Concessionaire Developer under this Agreement, (vi) the provision of Performance Security by the Substitute Entity.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days or such extended period as they may agree (the “Remedial Period”) the Parties shall, endeavour to arrive at an Agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Concessionaire Event of Default, with the prior approval of the Authority and in consultation with the Lenders, the Concessionaire shall endeavour to arrive at an Agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances; (a) the change of management or control/ownership of the ConcessionaireConcessionaire ; (b) the replacement of the Concessionaire by a new Concessionaire (“Substitute Entity”) on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders and the specific terms and conditions of such replacement which shall include: (i) the criteria for selection of the Substitute Entity, (ii) the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity, (iii) handing over/ transfer of the Project Assets and the Project to the Substitute Entity, (iv) assumption by the Substitute Entity of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Lenders’ charge on the Concessionaire’s assetsassets , (v) assumption by Substitute Entity of any amounts due to the Authority from the Concessionaire under this Agreement.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days Days or such extended period as they may agree (the “Remedial Period”) [―Remedial Period‖] the Parties shall, in consultation with the Lenders, endeavour to arrive at an Agreement agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Licensee Event of Default, with the prior approval of the Authority and Parties shall in consultation with the Lenders, the Concessionaire shall Lenders endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances; (a) the change of management or control/ownership of the ConcessionaireLicensee; (b) the replacement of the Concessionaire Licensee by a new Concessionaire (“Substitute Entity”) operator [―Potential Licensee‖] on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders and the specific terms and conditions of such replacement which shall includeinclude : (i) the criteria for selection of the Substitute EntityPotential Licensee, (ii) the transfer of rights and obligations of the Concessionaire Licensee surviving under this Agreement to the Substitute EntityPotential Licensee, (iii) handing over/ transfer of the Project Licensor‘s Assets and the Project Facilities and Services to the Substitute EntityPotential Licensee, (iv) assumption by the Substitute Entity Potential Licensee of the outstanding obligations of the Concessionaire Licensee under the Financing Documents and preserving Lenders’ ‘ charge on the Concessionaire’s assetsLicensee‘s assets , (v) assumption by Substitute Entity the Potential Licensee of any amounts due to the Authority Licensor from the Concessionaire Licensee under this Agreement and the Loan Agreement, (vi) payment of consideration for the Licensee‘s assets comprised in the Project Facilities and Services and the manner of appropriation thereof.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days (ninety) Days or such extended period as they the Parties may agree (the “Remedial Period”) the Parties shall, in consultation with the Lenders, endeavour to arrive at an Agreement agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Concessionaire Event of Default, with the prior approval of the Concessioning Authority and shall in consultation with the Lenders, the Concessionaire shall Lenders endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances;: (a) a. the change of management or control/ownership of the Concessionaire; (b) b. the replacement of the Concessionaire by a new Concessionaire operator (“Substitute EntitySelectee”) on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders (in terms of the Substitution Agreement), and the specific terms and conditions of such replacement which shall includeinclude : (i) i. the criteria for selection of the Substitute Entity,Selectee; (ii) . the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity,Selectee; (iii) . handing over/ transfer of the Project Site, the Port’s Assets and the Project Facilities and Services to the Substitute Entity,Selectee; (iv) assumption . acceptance by the Substitute Entity Selectee of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Lenders’ charge on the Concessionaire’s assets,; (v) assumption v. acceptance by Substitute Entity the Selectee of any amounts due to the Concessioning Authority from the Concessionaire under this Agreement; and vi. payment of consideration for the Concessionaire’s assets comprised in the Project Facilities and Services and the manner of appropriation thereof.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days (ninety) Days or such extended period as they the Parties may agree (the “Remedial Period”) the Parties shall, in consultation with the Senior Lenders, endeavour to arrive at an Agreement agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Concessionaire Event of Default, with the prior approval of the Concessioning Authority and shall in consultation with the Lenders, the Concessionaire shall Senior Lenders endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances;: (a) the change of management or control/ownership of the Concessionaire; (b) the replacement of the Concessionaire by a new Concessionaire operator (“Substitute EntitySelectee”) on terms no less favourable than those contained in this Agreement, proposed by either the Senior Lenders (in terms of them or the Lenders Substitution Agreement), and the specific terms and conditions of such replacement which shall includeinclude : (i) the criteria for selection of the Substitute Entity,Selectee; (ii) the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity,Selectee; (iii) handing over/ transfer of the Project Site, the Port’s Assets and the Project Facilities and Services to the Substitute Entity,Selectee; (iv) assumption acceptance by the Substitute Entity Selectee of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Senior Lenders’ charge on the Concessionaire’s assets,; (v) assumption acceptance by Substitute Entity the Selectee of any amounts due to the Concessioning Authority from the Concessionaire under this Agreement; and (vi) payment of consideration for the Concessionaire’s assets comprised in the Project Facilities and Services and the manner of appropriation thereof.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days Days or such extended period as they may agree (the “Remedial Period”) the Parties shall, endeavour to arrive at an Agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Event of Default, with the prior approval of the Authority and in consultation with the Lenders, the Concessionaire shall endeavour to arrive at an Agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances; (a) the change of management or control/ownership of the ConcessionaireConcessionaire ; (b) the replacement of the Concessionaire by a new Concessionaire (“Substitute Entity”) on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders and the specific terms and conditions of such replacement which shall include: (i) the criteria for selection of the Substitute Entity, (ii) the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity, (iii) handing over/ transfer of the Project Assets and the Project to the Substitute Entity, (iv) assumption by the Substitute Entity of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Lenders’ charge on the Concessionaire’s assetsassets , (v) assumption by Substitute Entity of any amounts due to the Authority from the Concessionaire under this Agreement.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days (ninety) Days or such extended period as they the Parties may agree (the “Remedial Period”) the Parties shall, endeavour to arrive at an Agreement agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Concessionaire Event of Default, with the prior approval of the Concessioning Authority and in consultation with the Lenders, the Concessionaire shall endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances;: (a) i. the change of management or control/ownership of the Concessionaire; (b) ii. the replacement of the Concessionaire by a new Concessionaire developer (“Substitute EntitySelectee”) on terms no less favourable than those contained in this Agreement, proposed by either the Senior Lenders (in terms of them or the Lenders Substitution Agreement), and the specific terms and conditions of such replacement which shall include: (i) the a. criteria for selection of the Substitute Entity,Selectee; (ii) b. the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity,Selectee; (iii) c. handing over/ transfer of the Project Site, the Ports Assets and the Project Facilities and Services to the Substitute Entity,Selectee; (iv) assumption d. acceptance by the Substitute Entity Selectee of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Senior Lenders’ charge on the Concessionaire’s assets,; (v) assumption e. acceptance by Substitute Entity the Selectee of any amounts due to the Concessioning Authority from the Concessionaire under this Agreement; and f. payment of consideration for the Concessionaire’s assets comprised in the Project Facilities and Services and the manner of appropriation thereof.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days (ninety)Days or such extended period as they the Parties may agree (the “Remedial Period”) the Parties shall, inconsultation with the Senior Lenders, endeavour to arrive at an Agreement agreement as to the manner of rectifying ofrectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event underlyingevent is a concessionaire Concessionaire Event of Default, with the prior approval of the Concessioning Authority and shall in consultation with the Lenders, the Concessionaire shall theSenior Lenders endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or measuresand/or such other measures as may be considered appropriate by them in the attendant circumstances;: (a) the change of management or control/ownership of the Concessionaire; (b) the replacement of the Concessionaire by a new Concessionaire operator (“Substitute EntitySelectee”) on terms no less favourable than those contained in this Agreement, proposed by either the SeniorLenders (in terms of them or the Lenders Substitution Agreement), and the specific terms and conditions of such replacement suchreplacement which shall include: (i) i. the criteria for selection of the Substitute Entity,Selectee; (ii) . the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity,tothe Selectee; (iii) . handing over/ transfer of the Project Site, the Port’s Assets and the Project Facilities andServices to the Substitute Entity,Selectee; (iv) assumption . acceptance by the Substitute Entity Selectee of the outstanding obligations of the Concessionaire under theFinancing v. acceptance by the Financing Documents and preserving Lenders’ charge on the Concessionaire’s assets, (v) assumption by Substitute Entity Selectee of any amounts due to the Concessioning Authority from the Concessionaire under this Agreement; and vi. payment of consideration for the Concessionaire’s assets comprised in the Project Facilitiesand Services and the manner of appropriation thereof.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days (ninety) Days or such extended period as they the Parties may agree (the “Remedial Period”) the Parties shall, in consultation with the Senior Lenders, endeavour to arrive at an Agreement agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Concessionaire Event of Default, with the prior approval of the Concessioning Authority and shall in consultation with the Lenders, the Concessionaire shall Senior Lenders endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances;: (a) the change of management or control/ownership of the Concessionaire; (b) the replacement of the Concessionaire by a new Concessionaire operator (“Substitute EntitySelectee”) on terms no less favourable than those contained in this Agreement, proposed by either the Senior Lenders (in terms of them or the Lenders Substitution Agreement), and the specific terms and conditions of such replacement which shall include: (i) the criteria for selection of the Substitute Entity,Selectee; (ii) the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity,Selectee; (iii) handing over/ transfer of the Project Site, the Port’s Assets and the Project Facilities and Services to the Substitute Entity,Selectee; (iv) assumption acceptance by the Substitute Entity Selectee of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Senior Lenders’ charge on the Concessionaire’s assets,; (v) assumption acceptance by Substitute Entity the Selectee of any amounts due to the Concessioning Authority from the Concessionaire under this Agreement; and (vi) payment of consideration for the Concessionaire’s assets comprised in the Project Facilities and Services and the manner of appropriation thereof.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days Days or such extended period as they may agree (the “Remedial Period”) the Parties shall, endeavour to arrive at an Agreement agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire an Concessionaire Event of Default, with the prior approval of the Grantor / Authority and in consultation with the Lenders, the Concessionaire shall endeavour endeavor to arrive at an Agreement agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances; (a) the change of management or control/ownership of the Concessionaire; (b) the replacement of the Concessionaire by a new Concessionaire (“Substitute Entity”) on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders and the specific terms and conditions of such replacement which shall include: (i) the criteria for selection of the Substitute Entity, (ii) the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity, (iii) handing over/ transfer of the Project Assets and the Project to the Substitute Entity, (iv) assumption by the Substitute Entity of the outstanding obligations of the Concessionaire under the Financing Documents and preserving Lenders’ charge on the Concessionaire’s assets, (v) assumption by Substitute Entity of any amounts due to the Grantor / Authority from the Concessionaire under this Agreement.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days (ninety)Days or such extended period as they the Parties may agree (the “Remedial Period”) the Parties shall, inconsultation with the Senior Lenders, endeavour to arrive at an Agreement agreement as to the manner of rectifying ofrectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event underlyingevent is a concessionaire Concessionaire Event of Default, with the prior approval of the Concessioning Authority and shall in consultation with the Lenders, the Concessionaire shall theSenior Lenders endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or measuresand/or such other measures as may be considered appropriate by them in the attendant circumstances;: (a) the change of management or control/ownership of the Concessionaire; (b) the replacement of the Concessionaire by a new Concessionaire operator (“Substitute EntitySelectee”) on terms no less favourable than those contained in this Agreement, proposed by either the SeniorLenders (in terms of them or the Lenders Substitution Agreement), and the specific terms and conditions of such replacement suchreplacement which shall include: (i) i. the criteria for selection of the Substitute Entity,Selectee; (ii) . the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity,tothe Selectee; (iii) . handing over/ transfer of the Project Site, the Port’s Assets and the Project Facilities andServices to the Substitute Entity,Selectee; (iv) assumption . acceptance by the Substitute Entity Selectee of the outstanding obligations of the Concessionaire under theFinancing v. acceptance by the Financing Documents and preserving Lenders’ charge on the Concessionaire’s assets, (v) assumption by Substitute Entity Selectee of any amounts due to the Concessioning Authority from the Concessionaire under this Agreement; and vi. payment of consideration for the Concessionaire’s assets comprised in the Project Facilitiesand Services and the manner of appropriationthereof.

Remedial Process. Following the issue of Consultation Notice by either Party, within a period not exceeding 90 days (ninety) Days or such extended period as they the Parties may agree (the “Remedial Period”) the Parties shall, in consultation with the Lenders, endeavour to arrive at an Agreement agreement as to the manner of rectifying or remedying the underlying Event of Default. Without prejudice to this, if the underlying event is a concessionaire Concessionaire Event of Default, with the prior approval of the Concessioning Authority and shall in consultation with the Lenders, the Concessionaire shall Lenders endeavour to arrive at an Agreement agreement as to one or more of the following measures and/or such other measures as may be considered appropriate by them in the attendant circumstances;: (a) the change of management or control/ownership of the Concessionaire; (b) the replacement of the Concessionaire by a new Concessionaire operator (“Substitute EntitySelectee”) on terms no less favourable than those contained in this Agreement, proposed by either of them or the Lenders (in terms of the Substitution Agreement), and the specific terms and conditions of such replacement which shall includeinclude : (i) the criteria for selection of the Substitute Entity,Selectee; (ii) the transfer of rights and obligations of the Concessionaire surviving under this Agreement to the Substitute Entity,Selectee; (iii) handing over/ transfer of the Project Site, the Port’s Assets and the Project Facilities and Services to the Substitute Entity,Selectee; (iv) assumption acceptance by the Substitute Entity Selectee of the outstanding obligations of the Concessionaire under the Financing Documents and preserving LendersXxxxxxx’ charge on the Concessionaire’s assets,; (v) assumption acceptance by Substitute Entity the Selectee of any amounts due to the Concessioning Authority from the Concessionaire under this Agreement; and (vi) payment of consideration for the Concessionaire’s assets comprised in the Project Facilities and Services and the manner of appropriation thereof.