Restriction of Right of Termination. During or in respect of the Step-in Period, the Construction Contractor confirms to the Authority that it shall continue to observe and perform its duties and obligations under the Construction Contract and shall, without prejudice to Clause 5.1 (Rights of Termination), only be entitled to exercise its rights of termination under the Construction Contract: by reference to an Event of hubco Default arising during the Step-in Period provided that no event of default by hubco under the Design & Build Development Agreement (whether resulting in termination of the Design & Build Development Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the Construction Contractor to exercise such rights of termination during the Step-in Period; or if the Authority, in breach of the terms of the Construction Contract, fails to pay when due any amount owed to the Construction Contractor or fails to perform or discharge when falling due for performance or discharge any obligation under the Step-in Undertaking or fails to procure such payment or performance or discharge; or if such rights of termination arise in circumstances where there is no default under the Construction Contract by the Authority or the Construction Contractor. the Authority may, at any time, give the Construction Contractor at least [ thirty (30)] days' prior written notice to terminate the Step-in Period on a date specified in the notice (the "Step-out Date");
Appears in 2 contracts
Samples: Design and Build Development Agreement, Design and Build Development Agreement
Restriction of Right of Termination. During or in respect of the Step-in Period, the Construction Contractor confirms to the Authority that it shall continue to observe and perform its duties and obligations under the Construction Contract and shall, without prejudice to Clause 5.1 140.1 (Rights of Termination), only be entitled to exercise its rights of termination under the Construction Contract: by reference to an Event of hubco Project Co Default arising during the Step-in Period provided that no event of default by hubco Project Co under the Design & Build Development Finance and Maintain Agreement (whether resulting in termination of the Design & Build Development Finance and Maintain Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the Construction Contractor to exercise such rights of termination during the Step-in Period; or if the Authority, in breach of the terms of the Construction Contract, fails to pay when due any amount owed to the Construction Contractor or fails to perform or discharge when falling due for performance or discharge any obligation under the Step-in Undertaking or fails to procure such payment or performance or discharge; or if such rights of termination arise in circumstances where there is no default under the Construction Contract by the Authority or the Construction Contractor. the Authority may, at any time, give the Construction Contractor at least [ [thirty (30)] days' prior written notice to terminate the Step-in Period on a date specified in the notice (the "Step-out Date");
Appears in 1 contract
Samples: Project Agreement
Restriction of Right of Termination. During or in respect of the Step-in Period, the Construction Contractor confirms to the Authority that it shall continue to observe and perform its duties and obligations under the Construction Contract and shall, without prejudice to Clause 5.1 (Rights of Termination), only be entitled to exercise its rights of termination under the Construction Contract: by reference to an Event of hubco Default arising during the Step-in Period provided that no event of default by hubco under the Design & Build Only Development Agreement (whether resulting in termination of the Design & Build Only Development Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the Construction Contractor to exercise such rights of termination during the Step-in Period; or if the Authority, in breach of the terms of the Construction Contract, fails to pay when due any amount owed to the Construction Contractor or fails to perform or discharge when falling due for performance or discharge any obligation under the Step-in Undertaking or fails to procure such payment or performance or discharge; or if such rights of termination arise in circumstances where there is no default under the Construction Contract by the Authority or the Construction Contractor. the Authority may, at any time, give the Construction Contractor at least [ thirty (30)] days' prior written notice to terminate the Step-in Period on a date specified in the notice (the "Step-out Date");
Appears in 1 contract
Samples: Build Only Development Agreement
Restriction of Right of Termination. During or in respect of the Step-in Period, the Construction Contractor Service Provider confirms to the Authority that it shall continue to observe and perform its duties and obligations under the Construction Service Contract and shall, without prejudice to Clause 5.1 (Rights of Termination), only be entitled to exercise its rights of termination under the Construction Service Contract: by reference to an Event of Sub-hubco Default arising during the Step-in Period provided that no event of default by Sub-hubco under the Design & Build Development Finance and Maintain Agreement (whether resulting in termination of the Design & Build Development Finance and Maintain Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the Construction Contractor Service Provider to exercise such rights of termination during the Step-in Period; or if the Authority, in breach of the terms of the Construction Service Contract, fails to pay when due any amount owed to the Construction Contractor Service Provider or fails to perform or discharge when falling due for performance or discharge any obligation under the Step-in Undertaking or fails to procure such payment or performance or discharge; or if such rights of termination arise in circumstances where there is no default under the Construction Service Contract by the Authority or the Construction ContractorService Provider. the Authority may, at any time, give the Construction Contractor Service Provider at least [ [thirty (30)] days' prior written notice to terminate the Step-in Period on a date specified in the notice (the "Step-out Date");
Appears in 1 contract
Samples: Project Agreement
Restriction of Right of Termination. During or in respect of the Step-in Period, the Construction Contractor Service Provider confirms to the Authority that it shall continue to observe and perform its duties and obligations under the Construction Service Contract and shall, without prejudice to Clause 5.1 160.1 (Rights of Termination), only be entitled to exercise its rights of termination under the Construction Service Contract: by reference to an Event of hubco Project Co Default arising during the Step-in Period provided that no event of default by hubco Project Co under the Design & Build Development Finance and Maintain Agreement (whether resulting in termination of the Design & Build Development Finance and Maintain Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the Construction Contractor Service Provider to exercise such rights of termination during the Step-in Period; or if the Authority, in breach of the terms of the Construction Service Contract, fails to pay when due any amount owed to the Construction Contractor Service Provider or fails to perform or discharge when falling due for performance or discharge any obligation under the Step-in Undertaking or fails to procure such payment or performance or discharge; or if such rights of termination arise in circumstances where there is no default under the Construction Service Contract by the Authority or the Construction ContractorService Provider. the Authority may, at any time, give the Construction Contractor Service Provider at least [ [thirty (30)] days' prior written notice to terminate the Step-in Period on a date specified in the notice (the "Step-out Date");
Appears in 1 contract
Samples: Project Agreement
Restriction of Right of Termination. During or in respect of the Step-in Period, the Construction Contractor Service Provider confirms to the Authority that it shall continue to observe and perform its duties and obligations under the Construction Service Contract and shall, without prejudice to Clause 5.1 (Rights of Termination), only be entitled to exercise its rights of termination under the Construction Service Contract: by reference to an Event of hubco Project Co Default arising during the Step-in Period provided that no event of default by hubco Project Co under the Design & Build Development Finance and Maintain Agreement (whether resulting in termination of the Design & Build Development Finance and Maintain Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the Construction Contractor Service Provider to exercise such rights of termination during the Step-in Period; or if the Authority, in breach of the terms of the Construction Service Contract, fails to pay when due any amount owed to the Construction Contractor Service Provider or fails to perform or discharge when falling due for performance or discharge any obligation under the Step-in Undertaking or fails to procure such payment or performance or discharge; or if such rights of termination arise in circumstances where there is no default under the Construction Service Contract by the Authority or the Construction ContractorService Provider. the Authority may, at any time, give the Construction Contractor Service Provider at least [ [thirty (30)] days' prior written notice to terminate the Step-in Period on a date specified in the notice (the "Step-out Date");
Appears in 1 contract
Samples: Project Agreement
Restriction of Right of Termination. During or in respect of the Step-in Period, the Construction Contractor Service Provider confirms to the Authority that it shall continue to observe and perform its duties and obligations under the Construction Service Contract and shall, without prejudice to Clause 5.1 (Rights of Termination), only be entitled to exercise its rights of termination under the Construction Service Contract: by reference to an Event of hubco DBFM Co Default arising during the Step-in Period provided that no event of default by hubco DBFM Co under the Design & Build Development Finance and Maintain Agreement (whether resulting in termination of the Design & Build Development Finance and Maintain Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the Construction Contractor Service Provider to exercise such rights of termination during the Step-in Period; or if the Authority, in breach of the terms of the Construction Service Contract, fails to pay when due any amount owed to the Construction Contractor Service Provider or fails to perform or discharge when falling due for performance or discharge any obligation under the Step-in Undertaking or fails to procure such payment or performance or discharge; or if such rights of termination arise in circumstances where there is no default under the Construction Service Contract by the Authority or the Construction ContractorService Provider. the The Authority may, at any time, give the Construction Contractor Service Provider at least [ [thirty (30)] days' prior written notice to terminate the Step-in Period on a date specified in the notice (the "Step-out Date");.
Appears in 1 contract
Samples: Project Agreement