Common use of Termination for Authority’s Default Clause in Contracts

Termination for Authority’s Default. 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 60 (sixty) days or such longer period as has been expressly provided in this Contract, the Authority shall be deemed to be in default of this Contract (the “Authority Event of Default”) unless the default has occurred as a result of any breach of this Contract by the Operator or due to Force Majeure. The defaults referred to herein shall include the following: a. the Authority commits a material default in complying with any of the provisions of this Contract and such default has a Material Adverse Effect on the Operator; or b. the Authority has failed to make any payment to the Operator within the period specified in this Contract; or c. the Authority repudiates this Contract or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Contract. Without prejudice to any other right or remedy which the Operator may have under this Contract, upon occurrence of an Authority Event of Default, the Operator shall, be entitled to terminate this Contract by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Operator 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.

Appears in 3 contracts

Samples: City Bus Private Operation Contract, City Bus Private Operation Contract, City Bus Private Operation Contract

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Termination for Authority’s Default. 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 60 (sixty) days or such longer period as has been expressly provided in this ContractContract Agreement, the Authority shall be deemed to be in default of this Contract Agreement (the “Authority Event of Authority's Default”) unless the default has occurred as a result of any breach of this Contract Agreement by the Operator Contractor or due to Force Majeure. The defaults referred to herein shall include the followinginclude: a. the 21.2.2 The Authority commits a material default in complying with any of the provisions of this Contract Agreement and such default has a Material Adverse Effect on the Operator; orContractor; b. the 21.2.3 The Authority has failed to make payment of any payment amount due and payable to the Operator within Contractor unless there is no dispute on the period specified in this Contract; orpayments claimed by the Contractor; c. the 21.2.4 The Authority repudiates this Contract Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Contract. Contract Agreement; or 21.2.5 Without prejudice to any other right or remedy which the Operator Contractor may have under this ContractContract Agreement, upon occurrence of an Authority Event of Authority's Default, the Operator shall, Contractor shall be entitled to terminate this Contract Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Operator 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.

Appears in 2 contracts

Samples: Draft Contract Agreement, Contract Agreement

Termination for Authority’s Default. 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 60 (sixty) days or such longer period as has been expressly provided in this Contract, the Authority shall be deemed to be in default of this Contract (the “Authority Event of Default”) unless the default has occurred as a result of any breach of this Contract by the Operator or due to Force Majeure. The defaults referred to herein shall include the following: a. the Authority commits a material default in complying with any of the provisions of this Contract and such default has a Material Adverse Effect on the Operator; or; b. the Authority has failed to make any payment to the Operator within the period specified in this Contract; or c. the Authority repudiates this Contract or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Contract. Without prejudice to any other right or remedy which the Operator may have under this Contract, upon occurrence of an Authority Event of Default, the Operator shall, be entitled to terminate this Contract by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Operator 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.

Appears in 2 contracts

Samples: City Bus Private Operation Contract, City Bus Private Operation Contract

Termination for Authority’s Default. 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 60 90 (sixtyninety) days or as mutually agreed upon or such longer period as has been expressly provided in this ContractAgreement, the Authority shall be deemed to be in default of this Contract Agreement (the "Authority Event of Default") unless the default has occurred as a result of any breach of this Contract Agreement by the Operator Concessionaire or due to Force MajeureMajeure Event. The defaults referred to herein shall include the followinginclude: a. the (a) The Authority commits a material default in complying with any of the provisions of this Contract Agreement and such default has a Material Adverse Effect on the Operator; orConcessionaire; b. the Authority has failed to make any payment to the Operator within the period specified in this Contract; or c. the (b) The Authority repudiates this Contract Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Contract. Agreement; (c) Deleted. 35.2.2 Without prejudice to any other right or remedy which the Operator Concessionaire may have under this ContractAgreement, upon occurrence of an a Authority Event of Default, the Operator Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Contract Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Operator 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 (fifteen) daysthirty)days, whether or not it is in receipt of such representation, issue the Termination Notice.

Appears in 1 contract

Samples: Concession Agreement

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Termination for Authority’s Default. 22.2.1 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 60 (sixty) days or such longer period as has been expressly provided in this Contract, the Authority shall be deemed to be in default of this Contract (the “Authority Event of Default”) unless the default has occurred as a result of any breach of this Contract by the Operator or due to Force Majeure. The defaults referred to herein shall include the following: a. the Authority commits a material default in complying with any of the provisions of this Contract and such default has a Material Adverse Effect on the Operator; or; b. the Authority has failed to make any payment to the Operator within the period specified in this Contract; or c. the Authority repudiates this Contract or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Contract. Without prejudice to any other right or remedy which the Operator may have under this Contract, upon occurrence of an Authority Event of Default, the Operator shall, be entitled to terminate this Contract by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Operator 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.

Appears in 1 contract

Samples: City Bus Private Operation Contract

Termination for Authority’s Default. 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 60 90 (sixtyninety) days or as mutually agreed upon or such longer period as has been expressly provided in this ContractAgreement, the Authority shall be deemed to be in default of this Contract Agreement (the "Authority Event of Default") unless the default has occurred as a result of any breach of this Contract Agreement by the Operator Concessionaire or due to Force MajeureMajeure Event. The defaults referred to herein shall include the followinginclude: a. the (a) The Authority commits a material default in complying with any of the provisions of this Contract Agreement and such default has a Material Adverse Effect on the Operator; orConcessionaire; b. the Authority has failed to make any payment to the Operator within the period specified in this Contract; or c. the (b) The Authority repudiates this Contract Agreement or otherwise takes any action that amounts to or manifests an irrevocable intention not to be bound by this Contract. Agreement; or the Authority repudiates this Agreement; (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. 35.2.2 Without prejudice to any other right or remedy which the Operator Concessionaire may have under this ContractAgreement, upon occurrence of an a Authority Event of Default, the Operator Concessionaire shall, subject to the provisions of the Substitution Agreement, be entitled to terminate this Contract Agreement by issuing a Termination Notice to the Authority; provided that before issuing the Termination Notice, the Operator 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 (fifteen) daysthirty)days, whether or not it is in receipt of such representation, issue the Termination Notice.

Appears in 1 contract

Samples: Concession Agreement

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