Common use of Suspension upon Concessionaire Default Clause in Contracts

Suspension upon Concessionaire Default. Upon occurrence of a Concessionaire Default, the Authority shall be entitled, without prejudice to its other rights and remedies under this Agreement including its rights of Termination hereunder, to (i) suspend all rights of the Concessionaire under this Agreement including the Concessionaire’s right to Storage and Handling Charges, and other revenues pursuant hereto, and (ii) exercise such rights itself and perform the obligations hereunder or authorise any other person to exercise or perform the same on its behalf during such suspension (the “Suspension”). Suspension hereunder shall be effective forthwith upon issue of notice by the Authority to the Concessionaire and may extend up to a period not exceeding 180 (one hundred and eighty) days from the date of issue of such notice; provided that upon written request from the Concessionaire and the Lenders’ Representative, the Authority shall extend the aforesaid period of 180 (one hundred and eighty) days by a further period not exceeding 90 (ninety) days. Authority to act on behalf of Concessionaire During the period of Suspension, the Authority shall, on behalf of the Concessionaire, operate and maintain the Storage Facility under and in accordance with this Agreement and appropriate the same for meeting the O&M Expenses and for remedying and rectifying the cause of Suspension. Any balance remaining after meeting the aforesaid expenditure shall be deposited in a bank account to be designated by the Concessionaire. For the avoidance of doubt, the Authority shall continue to pay the Fixed Storage Charge, Variable Charges and Bag Handling Charges under and in accordance with this Agreement and deposit the same in the aforesaid designated bank account after appropriating the expenses and costs specified hereinabove During the period of Suspension hereunder, all rights and liabilities vested in the Concessionaire in accordance with the provisions of this Agreement shall continue to vest therein and all things done or actions taken, including expenditure incurred by the Authority for discharging the obligations of the Concessionaire under and in accordance with this Agreement and the Project Agreements, shall be deemed to have been done or taken for and on behalf of the Concessionaire and the Concessionaire undertakes to indemnify the Authority for all costs incurred during such period. The Concessionaire hereby licences and sub-licences respectively, the Authority or any other person authorised by it under Clause 31.1 to use during Suspension, all Intellectual Property belonging to or licensed to the Concessionaire with respect to the Storage Facility and its design, engineering, construction, operation and maintenance, and which is used or created by the Concessionaire in performing its obligations under the Agreement.

Suspension upon Concessionaire Default. Upon occurrence of a Concessionaire Default, the Authority shall be entitled, without prejudice to its other rights and remedies under this Agreement including its rights of Termination hereunder, to (ia) suspend all rights of the Concessionaire under this Agreement Agreement, including the Concessionaire’s right to Storage and Handling Charges, collect User Fee and other revenues pursuant hereto, and (iib) exercise such rights itself and perform the obligations hereunder or authorise authorize any other person to exercise or perform the same on its behalf during such suspension (the “Suspension”). Suspension hereunder shall be effective forthwith upon issue of notice by the Authority to the Concessionaire and may extend up to a period not exceeding 180 (one hundred and eighty) days from the date of issue of such notice; provided that upon written request from the Concessionaire and the Lenders’ Representative, the Authority shall extend the aforesaid period of 180 (one hundred and eighty) days by a further period not exceeding 90 (ninety) days. Authority to act on behalf of Concessionaire During the period of Suspension, the Authority shall, on behalf of the Concessionaire, operate collect User Fee and maintain the Storage Facility under and in accordance with this Agreement and appropriate the same for meeting the O&M Expenses and for remedying and rectifying the cause of Suspension. Any balance remaining after meeting the aforesaid expenditure shall be deposited in a bank account to be designated by the Concessionaire. For the avoidance of doubt, the Authority shall continue to pay the Fixed Storage Charge, Variable Charges and Bag Handling Charges all other revenues under and in accordance with this Agreement and deposit the same in the aforesaid designated bank account after appropriating Escrow Account. The Authority shall be entitled to make withdrawals from the Escrow Account for meeting the O&M Expenses and for meeting the costs incurred by it for remedying and rectifying the cause of Suspension, and thereafter for defraying the expenses and costs specified hereinabove in Clause 24.3. During the period of Suspension hereunder, all rights and liabilities vested in the Concessionaire in accordance with the provisions of this Agreement shall continue to vest therein in the Concessionaire and all things done or actions taken, including expenditure incurred by the Authority for discharging the obligations of the Concessionaire under and in accordance with this Agreement and the Project Agreements, shall be deemed to have been done or taken for and on behalf of the Concessionaire and the Concessionaire undertakes to indemnify the Authority for all costs incurred incurred- during such period. The Concessionaire hereby licences licenses and sub-licences licenses respectively, the Authority or any other person authorised authorized by it under Clause 31.1 29.1 to use during Suspension, all Intellectual Property belonging to or licensed to the Concessionaire with respect to the Storage Facility Project and its design, engineering, construction, operation and maintenance, and which is used or created by the Concessionaire in performing its obligations under the Agreement.

Suspension upon Concessionaire Default. Upon occurrence of a Concessionaire Default, the Authority shall be entitled, without prejudice to its other rights and remedies under this Agreement including its rights of Termination hereunder, to (i) suspend all rights of to the Concessionaire under this Agreement including the Concessionaire’s right to Storage and Handling Chargescollect Fee, and other revenues pursuant hereto, and (ii) exercise such rights itself and perform the obligations hereunder or authorise any other person to exercise or perform the obligations hereunder or authorise any other person to exercise or perform the same on its behalf during such suspension (the “Suspension”). Suspension hereunder shall be effective forthwith upon issue of notice by the Authority to the Concessionaire and may extend up to a period not exceeding 180 120 (one hundred and eightytwenty) days) days from the date of issue of such notice; provided that upon written request from the Concessionaire and the Lenders’ Representative, the Authority shall extend the aforesaid period of 180 120 (one hundred and eightytwenty) days by a further period not exceeding 90 (ninety) days. Authority to act on behalf of Concessionaire During the period of Suspension, the Authority shall, on behalf of the Concessionaire, operate collect all fee and maintain the Storage Facility revenues under and in accordance with this Agreement and appropriate pay the same for meeting balance remaining after setting off the O&M Expenses and costs incurred by it for remedying and rectifying the cause of Suspension. Any balance remaining after meeting the aforesaid expenditure shall be deposited in a bank account to be designated by the Concessionaire. For the avoidance of doubt, the Authority shall continue to pay the Fixed Storage Charge, Variable Charges and Bag Handling Charges under and in accordance with this Agreement and deposit the same in the aforesaid designated bank account after appropriating the expenses and costs specified hereinabove During the period of Suspension hereunder, all rights and liabilities vested in the Concessionaire in accordance with the provisions of this Agreement shall continue to vest therein and all things done or actions taken, taken including expenditure incurred by the Authority for discharging the obligations of the Concessionaire under and in accordance with this Agreement and the Project Agreements, Agreements shall be deemed to have been done or taken for and on behalf of the Concessionaire and the Concessionaire undertakes to indemnify the Authority for all costs incurred during such period. The Concessionaire hereby licences licenses and sub-licences licenses respectively, the Authority or any other person authorised by it under Clause 31.1 29.1 to use during Suspension, all Intellectual Property belonging to or licensed to the Concessionaire with respect to the Storage Facility Project Highway and its design, engineering, constructionits, operation and maintenance, and which is used or created by the Concessionaire in performing its obligations under the Agreement.

Suspension upon Concessionaire Default. Upon occurrence of a Concessionaire Default, the Authority shall be entitled, without prejudice to its other rights and remedies under this Agreement including its rights of Termination hereunder, to (i) suspend all rights of the Concessionaire under this Agreement including the Concessionaire’s right to Storage and Handling Chargescollect Fee, and other revenues pursuant hereto, and (ii) exercise such rights itself and perform the obligations hereunder or authorise any other person to exercise or perform the same on its behalf during such suspension (the “Suspension”). Suspension hereunder shall be effective forthwith upon issue of notice by the Authority to the Concessionaire and may extend up to a period not exceeding 180 120 (one hundred and eightytwenty) days from the date of issue of such notice; provided that upon written request from the Concessionaire and the Lenders’ Representative, the Authority shall extend the aforesaid period of 180 120 (one hundred and eightytwenty) days by a further period not exceeding 90 (ninety) days. Authority to act on behalf of Concessionaire During the period of Suspension, the Authority shall, on behalf of the Concessionaire, operate collect all Fee and maintain the Storage Facility revenues under and in accordance with this Agreement and appropriate pay the same for meeting balance remaining after setting off the O&M Expenses and costs incurred by it for remedying and rectifying the cause of Suspension. Any balance remaining after meeting the aforesaid expenditure shall be deposited in a bank account to be designated by the Concessionaire. For the avoidance of doubt, the Authority shall continue to pay the Fixed Storage Charge, Variable Charges and Bag Handling Charges under and in accordance with this Agreement and deposit the same in the aforesaid designated bank account after appropriating the expenses and costs specified hereinabove During the period of Suspension hereunder, all rights and liabilities vested in the Concessionaire in accordance with the provisions of this Agreement shall continue to vest therein and all things done or actions taken, taken including expenditure incurred by the Authority for discharging the obligations of the Concessionaire under and in accordance with this Agreement and the Project Agreements, Agreements shall be deemed to have been done or taken for and on behalf of the Concessionaire and the Concessionaire undertakes to indemnify the Authority for all costs incurred during such period. The Concessionaire hereby licences and sub-licences respectively, the Authority or any other person authorised by it under Clause 31.1 29.1 to use during Suspension, all Intellectual Property belonging to or licensed licenced to the Concessionaire with respect to the Storage Facility Project Highway and its design, engineering, constructionits, operation and maintenance, and which is used or created by the Concessionaire in performing its obligations under the Agreement.

Suspension upon Concessionaire Default. Upon occurrence of a Concessionaire Default, the Authority shall be entitled, without prejudice to its other rights and remedies under this Agreement including its rights of Termination hereunder, to (i) suspend all rights of the Concessionaire under this Agreement including the Concessionaire’s right to Storage and Handling Chargescollect Fee, and other revenues pursuant hereto, and (ii) exercise such rights itself and perform the obligations hereunder or authorise any other person to exercise or perform the same on its behalf during such suspension (the “Suspension”). Suspension hereunder shall be effective forthwith upon issue of notice by the Authority to the Concessionaire and may extend up to a period not exceeding 180 (one hundred and eighty) days from the date of issue of such notice; provided that upon written request from the Concessionaire and the Lenders’ Representative, the Authority shall extend the aforesaid period of 180 (one hundred and eighty) days by a further period not exceeding 90 (ninety) days. Authority to act on behalf of Concessionaire During the period of Suspension, the Authority shall, on behalf of the Concessionaire, operate collect all Fee and maintain the Storage Facility under and in accordance with this Agreement and appropriate the same for meeting the O&M Expenses and for remedying and rectifying the cause of Suspension. Any balance remaining after meeting the aforesaid expenditure shall be deposited in a bank account to be designated by the Concessionaire. For the avoidance of doubt, the Authority shall continue to pay the Fixed Storage Charge, Variable Charges and Bag Handling Charges revenues under and in accordance with this Agreement and deposit the same in the aforesaid designated bank account after appropriating Escrow Account. The Authority shall be entitled to make withdrawals from the Escrow Account for meeting the costs incurred by it for remedying and rectifying the cause of Suspension, and thereafter for defraying the expenses and costs specified hereinabove in Clause 31.3. During the period of Suspension hereunder, all rights assets and liabilities vested in relation to the Concessionaire in accordance with the provisions of this Agreement Project Highway shall continue to vest therein in the Concessionaire and all things done or actions taken, including expenditure incurred by the Authority for discharging the obligations of the Concessionaire under and in accordance with this Agreement and the Project Agreements, shall be deemed to have been done or taken for and on behalf of the Concessionaire and the Concessionaire undertakes to indemnify the Authority for all costs incurred during such period. The Concessionaire hereby licences and sub-licences respectively, the Authority or any other person authorised by it under Clause 31.1 36.1 to use during Suspension, all Intellectual Property intellectual property belonging to or licensed licenced to the Concessionaire with respect to the Storage Facility and its design, engineering, construction, operation and maintenance, and which is used or created by the Concessionaire in performing its obligations under the AgreementConcessionaire.