Common use of Termination for Authority Default Clause in Contracts

Termination for Authority Default. 33.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "Authority Default") unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 23.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) the Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the environmental clearances required for construction of the Project Highway; (d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) the Authority’s Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 23.2.2 If the Authority determines, based on reasonable evidence, that the Contractor has engaged in corrupt, fraudulent, collusive or coercive practices, in competing for or in executing the Contract as defined in Clause 3.9, then the Authority may, after giving 14 days’ notice to the Contractor, terminate the Contract and expel him from the Site, and the provisions of Article 23 shall apply as if such termination had been made under Xxxxxx 23.1. Should any employee of the Contractor be determined, based on reasonable evidence, to have engaged in corrupt, fraudulent or coercive practice during the execution of the work then that employee shall be removed from the site or works. If appropriate, the Contractor shall then appoint (or cause to be appointed) a suitable replacement person. 23.2.3 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice. If on the consideration of the Authority’s representation or otherwise, the contractor does not issue the Termination Notice on such 15th day and prefers to continue with the project, it is deemed that the cause of action of the Termination Notice has been condoned by the Contractor. Hence he forfeits his right to any other remedy on that count.

Termination for Authority Default. 33.2.1 23.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) the Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the environmental clearances required for construction of the Project Highway; (d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) the Authority‟s Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 23.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice. If on the consideration of the Authority‟s representation or otherwise, the contractor does not issue the Termination Notice on such 15th day and prefers to continue with the project, it is deemed that the cause of action of the Termination Notice has been condoned by the Contractor. Hence he forfeits his right to any other remedy on that count.

Termination for Authority Default. 33.2.1 23.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) the Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the environmental clearances required for construction of the Project Highway; (d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) the Authority’s Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 23.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 23.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) the Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the environmental clearances required for construction of the Project Highway; (d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) the Authority’s Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 23.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice. If on the consideration of the Authority’s representation or otherwise, the contractor does not issue the Termination Notice on such 15th day and prefers to continue with the project, it is deemed that the cause of action of the Termination Notice has been condoned by the Contractor. Hence he forfeits his right to any other remedy on that count.

Termination for Authority Default. 33.2.1 37.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 37.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 26.2.1. In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 60 (ninetysixty) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The a. the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) b. the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) c. the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 26.2.2. Without prejudice to any other right rights or remedy remedies which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the such Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 21.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) the Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the environmental clearances and forest clearances required for construction of the Railway Project; (d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) the Authority Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 21.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 30.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the The Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; (c) The Authority fails to provide, within a period of 180 (one hundred and eighty days) from the Appointed Date, the Right of Way and other statutory clearances required for construction of the Project; or (cd) the The Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 30.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 18.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 30 (ninetythirty) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Agency or due to Force Majeure. The defaults referred to herein shall include: (a) 18.2.1.1 The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireAgency; (b) 18.2.1.2 the Authority has failed to make any certified and undisputed payment to the Concessionaire Agency within the period specified in this Agreement; or; (c) 18.2.1.3 the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement.; or 33.2.2 18.2.2 Without prejudice to any other right or remedy which the Concessionaire Agency may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire Agency shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Agency shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 23.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"Default ”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) the Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the environmental clearances required for construction of the Project Highway; (d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) the Authority’s Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 23.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice. If on the consideration of the Authority’s representation or otherwise, the contractor does not issue the Termination Notice on such 15th day and prefers to continue with the project, it is deemed that the cause of action of the Termination Notice has been condoned by the Contractor. Hence he forfeits his right to any other remedy on that count.

Termination for Authority Default. 33.2.1 (a) In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "Authority Default") unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (ai) The Authority commits a material default in complying with any of the provisions of this Agreement and as a result of such default has a Material Adverse Effect on material default, the ConcessionaireConcessionaire is unable to undertake the Project in terms of this Agreement; (bii) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (ciii) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 (b) Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 32.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire;; or (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 32.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 21.2.1. In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Service Provider or due to occurrence of a Force MajeureMajeure Event. The defaults referred to herein shall mean and include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireService Provider; (b) the Authority has failed to make any payment to the Concessionaire Service Provider within the period specified in this Agreement; or (c) the Authority Service Provider repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 21.2.2. Without prejudice to any other right or remedy which the Concessionaire Service Provider may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Service Provider shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Service Provider shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 32.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire;; or (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 32.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 28.2.1. In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The a. the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) b. the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; c. the Authority fails to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the Site required for construction of the Project; or (c) d. the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 28.2.2. Without prejudice to any other right rights or remedy remedies which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the such Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 21.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) the Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the environmental clearances and forest clearances required for construction of the Project; (d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) the Authority’s Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 21.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) include the following: The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) . the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 ; or the State commits a material default in complying with the provisions of the State Support Agreement if such default has a Material Adverse Effect on the Concessionaire and the breach continues for a period of 90 (ninety) days from the date of notice given in this behalf by the Concessionaire to the Authority. Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, Agreement upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice Notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 30.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "Authority Default") unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make any payment due to the Concessionaire within Contractor, and the period specified in this Agreement; orContractor is unable to recover any unpaid amounts through the Revenue Share payable by it to the Authority; (c) the Authority fails to provide any land which is necessary and required for construction of any essential element or part of the Project Infrastructure; d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound abound by this Agreement. 33.2.2 30.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire Contractor shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant [15 (fifteen) days days] to the Authority to make a representation, and may after the expiry of such [15 (fifteen) days], whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 ‌ 25.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or any such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Operator or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire;Operator; or (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the The Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 25.2.2 Without prejudice to any other right rights or remedy remedies which the Concessionaire Operator may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire Operator shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Operator shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 30 (fifteenThirty) days to the Authority to make a representation, and may after the expiry of such 15 such30 (fifteenThirty) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 21.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) the Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the forest clearancesrequired for construction of the Project; (d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) the Authority Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 21.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 25.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 60 (ninetysixty) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement.; or 33.2.2 25.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 31.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement 31.2.2 The Cure Period shall commence from the date on which the Concessionaire notifies to the Authority that any such default as mentioned above in Clause 31.2.1 has occurred. 33.2.2 31.2.3 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 30 (fifteenthirty) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen30(thirty) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 29.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default Material Default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment Operational Payment to the Concessionaire within the period specified in this Agreement; or; (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement.; 33.2.2 (d) the Authority fails to make payment due to the Concessionaire with respect to the Minimum Volume Guarantee as per the provisions Clause 21.5 of this Agreement; 29.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Draft Concession Agreement Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 26.2.1. In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The a. the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) b. the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement.; or 33.2.2 26.2.2. Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 Downloaded 37.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include:: xxx.xxxxxx.xxx (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 37.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 31.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the The Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; (c) The Authority fails to provide, within a period of 180 (one hundred and eighty days) from the Appointed Date, statutory clearances required for construction of the Project; or (cd) the The Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 31.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 23.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) the Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the environmental clearances required for construction of the Project; (d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) the Authority‟s Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 23.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice. If on the consideration of the Authority‟s representation or otherwise, the contractor does not issue the Termination Notice on such 15th day and prefers to continue with the project, it is deemed that the cause of action of the Termination Notice has been condoned by the Contractor. Hence he forfeits his right to any other remedy on that count.

Termination for Authority Default. 33.2.1 32.2.1. In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire, and the Concessionaire is unable to recover any unpaid amounts through the Default Escrow Account and the Letter of Credit, within the period specified in this Agreement; or; (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement.; or 33.2.2 32.2.2. Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 30.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or ([the State commits a material default in complying with the provisions of the State Support Agreement if such default has a Material Adverse Effect on the Concessionaire and the breach continues for a period of 90 (ninety) days from the date of notice given in this behalf by the Concessionaire to the Authority]. 33.2.2 30.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 37.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; orand (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 37.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 23.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) The Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the environmental clearances required for construction of the Project Highway; (d) The Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) The Authority’s Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 23.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice. If on the consideration of the Authority’s representation or otherwise, the contractor does not issue the Termination Notice on such 15 th day and prefers to continue with the project, it is deemed that the cause of action of the Termination Notice has been condoned by the Contractor. Hence he forfeits his right to any other remedy on that count.

Termination for Authority Default. 33.2.1 27.2.1. In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 60 (ninetysixty) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The a. the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) b. the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) c. the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 27.2.2. Without prejudice to any other right rights or remedy remedies which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the such Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 35.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 180 (ninetyone hundred eighty) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "Authority Default") unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) 1. The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) 2. the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or the Authority repudiates this Agreement. 33.2.2 35.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 15.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 60 (ninetysixty) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Service Provider or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireService Provider; (b) the Authority has failed to make any payment to the Concessionaire Service Provider within the period specified in this Agreement; or; (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement.; or 33.2.2 15.2.2 Without prejudice to any other right or remedy which the Concessionaire Service Provider may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire Service Provider shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Service Provider shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 37.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "Authority Default") unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 37.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 ‌ 25.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "Authority Default") unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire;; or (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the The Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 25.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days fifteen)days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 23.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) 60 days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "Authority Default") unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Service Provider or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying fails to fulfil its obligation with any of respect to providing the provisions of this Agreement license to the Sites and such default has a Material Adverse Effect on the Concessionaire;Service Provider; or (b) the Authority has failed to make any payment of Video-consultation Fees to the Concessionaire Service Provider within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 23.2.2 Without prejudice to any other right or remedy which the Concessionaire Service Provider may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire Service Provider shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Service Provider shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 29.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of Articles 6.1.2 (b), 6.1.2 (c), 6.1.2 (i) of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the The Authority has failed to make any payment of 3 (three) consecutive Annuity Payments due to the Concessionaire within the period specified in this Agreement; or; (c) The Authority fails to provide, the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this AgreementRight of Way required for construction of the Additional Project Facilities. 33.2.2 29.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 32.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority theAuthority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "Authority Default") unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire;; or (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 32.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 ‌ 30.2.1. In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (c) the State commits a material default in complying with the provisions of the State Support Agreement if such default has a Material Adverse Effect on the Concessionaire and the breach continues for a period of 90 (ninety) days from the date of notice given in this behalf by the Concessionaire to the Authority. 33.2.2 30.2.2. Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 31.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 31.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 30 (fifteenthirty) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen30(thirty) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 (a) In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "Authority Default") unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (ai) The Authority commits a material default in complying with any of the provisions of this Agreement and as a result of such default has a Material Adverse Effect on material, the ConcessionaireConcessionaire is unable to undertake that Project in terms of the Concession Agreement; (bii) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (ciii) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 (b) Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 25.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Strategic Partner or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireStrategic Partner; (b) the Authority has failed to make any payment to the Concessionaire Strategic Partner within the period specified in this Agreement; or; (c) the Authority fails to issue the Letter of Credit at the beginning of the relevant year of the Supply Phase; d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 . Without prejudice to any other right or remedy which the Concessionaire Strategic Partner may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire Strategic Partner shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Strategic Partner shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the aforementioned Termination Notice.

Termination for Authority Default. 33.2.1 38.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer other period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 38.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 18.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 30 (ninetythirty) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Service Provider or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireService Provider; (b) the Authority has failed to make any certified and undisputed payment to the Concessionaire Service Provider within the period specified in this Agreement; or; (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement.; or 33.2.2 18.2.2 Without prejudice to any other right or remedy which the Concessionaire Service Provider may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire Service Provider shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Service Provider shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 39.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 39.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 25.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "Authority Default") unless the default has occurred as a result of any breach of this Agreement by the Concessionaire or due to Force Majeure. The defaults referred to herein shall include: (a) The a. the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) b. the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement.; 33.2.2 25.2.2 Without prejudice to any other right or remedy which the Concessionaire may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 30 (fifteenthirty) days to the Authority to make a representation, and may after the expiry of such 15 30 (fifteenthirty) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 ‌ 23.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Contractor or due to Force Majeure. The defaults referred to herein shall include: (a) The the Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the ConcessionaireContractor; (b) the Authority has failed to make payment of any payment amount due and payable to the Concessionaire Contractor within the period specified in this Agreement; or; (c) the Authority has failed to provide, within a period of 180 (one hundred and eighty) days from the Appointed Date, the environmental clearances required for construction of the Project Highway; (d) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement; or (e) the Authority’s Engineer fails to issue the relevant Interim Payment Certificate within 60 (sixty) days after receiving a statement and supporting documents. 33.2.2 23.2.2 Without prejudice to any other right or remedy which the Concessionaire Contractor may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, Contractor shall be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Contractor shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice. If on the consideration of the Authority’s representation or otherwise, the contractor does not issue the Termination Notice on such 15th day and prefers to continue with the project, it is deemed that the cause of action of the Termination Notice has been condoned by the Contractor. Hence he forfeits his right to any other remedy on that count.

Termination for Authority Default. 33.2.1 25.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or such anysuch longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Operator or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire;Operator; or (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the The Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 25.2.2 Without prejudice to any other right rights or remedy remedies which the Concessionaire Operator may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire Operator shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Operator shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 30 (fifteenThirty) days to the Authority to make a representation, and may after the expiry of such 15 such30 (fifteenThirty) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 In 47.1 The Contractor may terminate this Agreement if the event that any Authority is in Material Default of its obligation to pay the defaults specified below shall have occurred, Contractor undisputed Charges which exceed three (3) continuous months' Charges or Milestone Payments equalling an average of three (3) continuous months' Charges by giving the Authority sixty (60) Working Days Notice specifying the breach and requiring its remedy and further Notice not less than ten (10) Working Days prior to the expiry of such sixty (60) Working Days and the Authority fails has failed to cure pay such default within a Cure Period undisputed Charges before the expiry of 90 such sixty (ninety60) days Working Days' period. 47.2 The Contractor's right of termination under Clause 47.1 shall not apply to non-payment of the Charges by the Authority where such non-payment is due to the Authority exercising its rights under Clause 35.10 (Recovery of Sums Due). 47.3 The Contractor acknowledges and agrees that this Clause 47 and Clause 49.1.2 sets out the only grounds on which it may terminate this Agreement or such longer period otherwise treat itself as has been expressly provided in discharged from its obligations under this Agreement, . 47.4 The Contractor hereby waives irrevocably pursuant to Clause 77.5 any right or remedy which may otherwise accrue to the Authority shall be deemed to be in default of this Agreement Contractor howsoever (the "Authority Default") unless the default has occurred as a result of including without limitation for any Default or breach of this Agreement by the Concessionaire Authority) to terminate and/or rescind this Agreement and/or to cease or due to Force Majeure. The defaults referred to herein shall include: (a) The Authority commits a material default in complying with any suspend the provision of the provisions Services at any time during the term of this Agreement and such default has a Material Adverse Effect on the Concessionaire; (b) the Authority has failed to make any payment except only to the Concessionaire within the period specified limited extent permitted by Clause 21, Clause 22 and Clause 23) but nothing in this Agreement; or Clause 47.4 shall exclude or restrict the Contractor’s right (cif any, and subject to Clause 21, Clause 22 and Clause 23)) the Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 Without prejudice to claim any other right remedy in equity or remedy which the Concessionaire may have under this Agreement, upon occurrence of a Authority Default, the Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to law from the Authority; provided that before issuing the Termination Notice, the Concessionaire shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

Termination for Authority Default. 33.2.1 25.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails to cure such default within a Cure Period of 90 (ninety) days or any such longer period as has been expressly provided in this Agreement, the Authority shall be deemed to be in default of this Agreement (the "“Authority Default"”) unless the default has occurred as a result of any breach of this Agreement by the Concessionaire Operator or due to Force Majeure. The defaults referred to herein shall includeinclude the following: (a) The Authority commits a material default in complying with any of the provisions of this Agreement and such default has a Material Adverse Effect on the Concessionaire;Operator; or (b) the Authority has failed to make any payment to the Concessionaire within the period specified in this Agreement; or (c) the The Authority repudiates this Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Agreement. 33.2.2 25.2.2 Without prejudice to any other right rights or remedy remedies which the Concessionaire Operator may have under this Agreement, upon occurrence of a an Authority Default, the Concessionaire Operator shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Concessionaire Operator shall by a notice inform the Authority of its intention to issue the Termination Notice and grant 15 30 (fifteenThirty) days to the Authority to make a representation, and may after the expiry of such 15 such30 (fifteenThirty) days, whether or not it is in receipt of such representation, issue the Termination Notice.