Common use of Restriction of Right of Termination Clause in Contracts

Restriction of Right of Termination. During or in respect of the Step-in Period, the 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 Sub-hubco Default arising during the Step-in Period provided that no event of default by Sub-hubco under the Design Build Finance and Maintain Agreement (whether resulting in termination of the Design Build Finance and Maintain Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the 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 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 Contractor. the Authority may, at any time, give the 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"); the Authority shall give the Contractor at least [thirty (30)] days' prior written notice that (subject to Clause 4.4.2) the Step-in Period will end due to the occurrence (subject to Clause 4.7 (Extension of Step-in Period) of the first anniversary of the Step-in Date; provided that: the Authority has performed and discharged in full or procured the performance and discharge in full of any obligations of Sub-hubco under the Construction Contract in relation to the maintenance of records and the provision of reports during the Step-in Period so as to permit the Contractor to monitor the performance of Sub-hubco's other obligations under the Construction Contract; and all liability under the Step-in Undertaking pursuant to any claims made up to the date specified in either Clause 3.4.1 or Clause 3.4.2 (as the case may be) shall have been fully and unconditionally discharged,

Restriction of Right of Termination. During or in respect of the Step-in Period, the 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 Sub-hubco DBFM Co Default arising during the Step-in Period provided that no event of default by Sub-hubco DBFM Co under the Design Build Finance and Maintain Agreement (whether resulting in termination of the Design Build Finance and Maintain Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the 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 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 Contractor. the The Authority may, at any time, give the 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"); the . The Authority shall give the Contractor at least [thirty (30)] days' prior written notice that (subject to Clause 4.4.2) the Step-in Period will end due to the occurrence (subject to Clause 4.7 (Extension of Step-in Period) of the first anniversary of the Step-in Date; . provided that: the Authority has performed and discharged in full or procured the performance and discharge in full of any obligations of Sub-hubco DBFM Co under the Construction Contract in relation to the maintenance of records and the provision of reports during the Step-in Period so as to permit the Contractor to monitor the performance of Sub-hubcoDBFM Co's other obligations under the Construction Contract; and all liability under the Step-in Undertaking pursuant to any claims made up to the date specified in either Clause 3.4.1 or Clause 3.4.2 (as the case may be) shall have been fully and unconditionally discharged,.

Restriction of Right of Termination. During or in respect of the Step-in Period, the 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 Sub-hubco Project Co Default arising during the Step-in Period provided that no event of default by Sub-hubco Project Co under the Design Build Finance and Maintain Agreement (whether resulting in termination of the Design Build Finance and Maintain Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the 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 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 Contractor. the Authority may, at any time, give the 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"); the Authority shall give the Contractor at least [thirty (30)] days' prior written notice that (subject to Clause 4.4.2) the Step-in Period will end due to the occurrence (subject to Clause 4.7 (Extension of Step-in Period) of the first anniversary of the Step-in Date; provided that: that the Authority has performed and discharged in full or procured the performance and discharge in full of any obligations of Sub-hubco Project Co under the Construction Contract in relation to the maintenance of records and the provision of reports during the Step-in Period so as to permit the Contractor to monitor the performance of Sub-hubcoProject Co's other obligations under the Construction Contract; and all liability under the Step-in Undertaking pursuant to any claims made up to the date specified in either Clause 3.4.1 1.1.1 or Clause 3.4.2 1.1.2 (as the case may be) shall have been fully and unconditionally discharged,, the Authority shall be released from the Step-in Undertaking on the expiry of the Step-in Period in accordance with Clauses 1.1.1 and 1.1.2. Such release shall not affect the continuation of Project Co's obligations towards the Contractor under the Construction Contract.

Restriction of Right of Termination. During or in respect 5.1 Without prejudice to clause 5.2, during the period between the issue of a Termination Notice and the Step-in Period, Date or the date on which the Authority's rights under clause 3 expire (whichever is the earlier) the Contractor confirms undertakes to the Authority that it shall continue not to observe and perform exercise any of its duties and obligations rights of termination under the Ecodeco Construction Contract Contracts and shall, without prejudice the Licensor undertakes to Clause 5.1 (Rights the Authority not to exercise any of Termination), its rights of termination under the Operational Licence. 5.2 During the Step-in Period:- 5.2.1 the Contractor shall only be entitled to exercise its rights of termination under the Ecodeco Construction Contract: Contracts; and 5.2.2 the Licensor shall only be entitled to exercise its rights of termination under the Operational Licence:- (a) by reference to an Event of Sub-hubco Default event arising during the Step-in Period provided that no event of default by Sub-hubco under the Design Build Finance and Maintain Agreement (whether resulting in termination of the Design Build Finance and Maintain Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Periodbut not before) shall entitle the Contractor to exercise such rights of termination during the Step-in Period; or or (b) if the Authority, in breach of the terms of the Construction Contract, Authority fails to pay when due any amount owed to the Contractor and/or the Licensor (as the case may be) or fails to perform or discharge when falling due for performance or discharge any material obligation under the Step-in Undertaking or fails to procure and such payment or performance or discharge; or if such rights failure is not remedied within fifteen (15) Business Days of termination arise in circumstances where there is no default under the Construction Contract notice thereof by the Authority or Contractor and/or the Contractor. the Authority may, at any time, give the 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"); the Authority shall give the Contractor at least [thirty (30)] days' prior written notice that (subject to Clause 4.4.2) the Step-in Period will end due to the occurrence (subject to Clause 4.7 (Extension of Step-in Period) of the first anniversary of the Step-in Date; provided that: the Authority has performed and discharged in full or procured the performance and discharge in full of any obligations of Sub-hubco under the Construction Contract in relation to the maintenance of records and the provision of reports during the Step-in Period so as to permit the Contractor to monitor the performance of Sub-hubco's other obligations under the Construction Contract; and all liability under the Step-in Undertaking pursuant to any claims made up to the date specified in either Clause 3.4.1 or Clause 3.4.2 Licensor (as the case may be) shall to the Authority or, where a remedy period in respect of the relevant failure is specified under the Ecodeco Construction Contract and/or the Operational Licence in accordance with that remedy period (subject to clause 3.4.1). 5.3 The Contractor undertakes to the Authority that, from the date on which the Authority would, but for the terms of the Funders' Direct Agreement, have been fully entitled to give a Termination Notice under the Service Contract, the Contractor shall not exercise any right of termination or any other right or remedy under or in respect of the Ecodeco Construction Contracts, unless and unconditionally discharged,until the periods referred to in clause 2.2 have expired without the Authority having issued a written notice of its intention to exercise its rights under this Agreement. 5.4 The Licensor undertakes to the Authority that, from the date on which the Authority would, but for the terms of the Funders' Direct Agreement, have been entitled to give a Termination Notice under the Project Agreement, the Licensor shall not exercise any right of termination or any other right or remedy under or in respect of the Operational Licence, unless and until the periods referred to in clause 2.2 have expired without the Authority having issued a written notice of its intention to exercise its rights under this Agreement.