Revocation of Suspension. In the event that the Authority shall have rectified or removed the cause of Suspension within a period not exceeding 90 (ninety) days from the date of Suspension, it shall revoke the Suspension forthwith and restore all rights of the Concessionaire under this Agreement. For the avoidance of doubt, the Parties expressly agree that the Authority may, in its discretion, revoke the Suspension at any time, whether or not the cause of Suspension has been rectified or removed hereunder. Upon the Concessionaire having cured the Concessionaire Default within a period not exceeding 90 (ninety) days from the date of Suspension, the Authority shall revoke the Suspension forthwith and restore all rights of the Concessionaire under this Agreement. Substitution of Concessionaire At any time during the period of Suspension, the Lenders’ Representative, on behalf of Senior Lenders, shall be entitled to substitute the Concessionaire under and in accordance with the Substitution Agreement, and upon receipt of notice thereunder from the Lenders’ Representative, the Authority shall withhold Termination for a period not exceeding 180 (one hundred and eighty) days from the date of Suspension, and any extension thereof under Clause 31.1, for enabling the Lenders’ Representative to exercise its rights of substitution on behalf of Senior Lenders.
Appears in 1 contract
Samples: Draft Concession Agreement
Revocation of Suspension. In the event that the Authority shall have rectified or removed the cause of Suspension within a period not exceeding 90 (ninety) days from the date of Suspension, it shall revoke the Suspension forthwith and restore all rights of the Concessionaire under this Agreement. For the avoidance of doubt, the Parties expressly agree that the Authority may, in its discretion, revoke the Suspension at any time, whether or not the cause of Suspension has been rectified or removed hereunder. Upon the Concessionaire having cured the Concessionaire Default within a period not exceeding 90 (ninety) days from the date of Suspension, the Authority shall revoke the Suspension forthwith and restore all rights of the Concessionaire under this Agreement. Substitution of Concessionaire At any time during the period of Suspension, the Lenders’ Representative, on behalf of Senior Lenders, shall be entitled to substitute the Concessionaire under and in accordance with the Substitution Agreement, and upon receipt of notice thereunder from the Lenders’ Representative, the Authority shall withhold Termination for a period not exceeding 180 (one hundred and eighty) days from the date of Suspension, and any extension thereof under Clause 31.136.1, for enabling the Lenders’ Representative to exercise its rights of substitution on behalf of Senior Lenders.
Appears in 1 contract
Samples: Escrow Agreement
Revocation of Suspension. In the event that the Authority shall have rectified or removed the cause of Suspension within a the period not exceeding 90 (ninety) days from the date of notice period provided under Clause 29.1 for Suspension, it shall revoke the Suspension forthwith and restore all rights of the Concessionaire under this Agreement. For the avoidance of doubt, the Parties expressly agree that the Authority may, in its discretion, revoke the Suspension at any time, whether or not the cause of Suspension has been rectified or removed hereunder. Upon the Concessionaire having cured the Concessionaire Default within a the period not exceeding 90 (ninety) days from the date of notice period provided under Clause 29.1 for Suspension, the Authority shall revoke the Suspension forthwith and restore all rights of the Concessionaire under this Agreement. Substitution of Concessionaire At any time during the period of Suspension, the Lenders’ Representative, on behalf of Senior Lenders’, shall be entitled to substitute the Concessionaire under and in accordance with the Substitution Agreement, and upon receipt of notice thereunder from the Lenders’ Representative’, the Authority shall withhold Termination for a period not exceeding 180 120 (one hundred and eightytwenty) days from the date of Suspension, and any extension thereof under Clause 31.129.1, for enabling the Lenders’ Representative to exercise its rights of substitution on behalf Termination Notwithstanding anything to the contrary contained in this Agreement, in the event that Suspension is not revoked within 120 (one hundred and twenty) days from the date of Senior LendersSuspension hereunder or within the extended period, if any, set forth in Clause 29.1, the Concession Agreement shall, upon expiry of the aforesaid period, be deemed to have been terminated by mutual agreement of the Parties and all the provisions of this Agreement shall apply, mutatis mutandis, to such Termination as if a Termination Notice had been issued by the Authority upon occurrence of a Concessionaire Default.
Appears in 1 contract
Samples: Concession Agreement
Revocation of Suspension. In the event that the Authority shall have rectified or removed the cause of Suspension within a period not exceeding [90 (ninety) )] days from the date of Suspension, it shall revoke the Suspension forthwith and restore all rights of the Concessionaire Operator under this Agreement. For the avoidance of doubt, the Parties expressly agree that the Authority may, in its discretion, revoke the Suspension at any time, whether or not the cause of Suspension has been rectified or removed hereunder. Upon the Concessionaire Operator having cured the Concessionaire Operator Default within a period not exceeding [90 (ninety) )] days from the date of Suspension, the Authority shall revoke the Suspension forthwith and restore all rights of the Concessionaire Operator under this Agreement. Substitution For the avoidance of Concessionaire doubt, the Authority shall provide access to the Maintenance Depots and Buses, as the case may be, to enable the Operator to cure the Operator Default hereunder. Termination At any time during the period of SuspensionSuspension under this Article 31, the Lenders’ RepresentativeOperator may by notice require the Authority to revoke the Suspension and issue a Termination Notice. The Authority shall, on behalf within 15 (fifteen) days of Senior Lendersreceipt of such notice, shall be entitled to substitute the Concessionaire terminate this Agreement under and in accordance with Article 32 as if it is an Operator Default under Clause 32.1. Notwithstanding anything to the Substitution contrary contained in this Agreement, and upon receipt of notice thereunder from in the Lenders’ Representative, the Authority shall withhold Termination for a period event that Suspension is not exceeding revoked within [180 (one hundred and eighty) )] days from the date of SuspensionSuspension hereunder, the Agreement shall, upon expiry of the aforesaid period, be deemed to have been terminated by mutual agreement of the Parties and any extension thereof under Clause 31.1all the provisions of this Agreement shall apply, for enabling mutatis mutandis, to such Termination as if a Termination Notice had been issued by the Lenders’ Representative to exercise its rights Authority upon occurrence of substitution on behalf of Senior Lendersan Operator Default.
Appears in 1 contract
Samples: Escrow Agreement
Revocation of Suspension. In the event that the Authority shall have rectified or removed the cause of Suspension within a period not exceeding 90 (ninety) days from the date of Suspension, it shall revoke the Suspension forthwith and restore all rights of the Concessionaire under this Agreement. For the avoidance of doubt, the Parties expressly agree that the Authority may, in its discretion, revoke the Suspension at any time, whether or not the cause of Suspension has been rectified or removed hereunder. Upon the Concessionaire having cured the Concessionaire Default within a period not exceeding 90 (ninety) days from the date of Suspension, the Authority shall revoke the Suspension forthwith and restore all rights of the Concessionaire under this Agreement. Substitution of Concessionaire At any time during the period of Suspension, the Lenders’ Representative, on behalf of Senior Lenders, shall be entitled to substitute the Concessionaire under and in accordance with the Substitution Agreement, and upon receipt of notice thereunder from the Lenders’ Representative, the Authority shall withhold Termination for a period not exceeding 180 (one hundred and eighty) days from the date of Suspension, and any extension thereof under Clause 31.129.1, for enabling the Lenders’ Representative to exercise its rights of substitution on behalf of Senior Lenders.
Appears in 1 contract
Samples: Concession Agreement