Termination for Concessionaire Default. 33.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (the "Concessionaire Default"), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:
(a) the Performance Security or the Performance Guarantee, as the case may be, has been encashed and appropriated in accordance with Clause 9.4 respectively and the Concessionaire fails to replenish or provide fresh Performance Security or the Performance Guarantee, as the case may be, within a Cure Period of 30 (thirty) days;
(b) subsequent to the replenishment or furnishing of fresh Performance Security or the Performance Guarantee, as the case may be, in accordance with Clause 9.4 respectively, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security or the Performance Guarantee, as the case may be, was appropriated;
(c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-G and continues to be in default for 120 (one hundred and twenty) days;
(d) the Concessionaire abandons or manifests intention to abandon the construction or operation of the Project without the prior written consent of the Authority;
(e) Project Completion Date does not occur within the period specified in Clause 12.4.3;
(f) the Punch List items have not been completed within the period set forth in Clause 14.4.1;
(g) the Concessionaire is in breach of the Maintenance Requirements or the Safety Requirements, as the case may be, or commits repeated default in conforming to the Key Performance Indicators;
(h) the Concessionaire has failed to make any payment to the Authority within the period specified in this Agreement;
(i) an Escrow Default has occurred and the Concessionaire fails to cure the default within a Cure Period of 15 (fifteen) days;
(j) upon occurrence of a Financial Default, the Lenders’ Representative has by notice required the Authority to undertake Suspension or Termination, as the case may be, in accordance with the Substitution Agreem...
Termination for Concessionaire Default. 32.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (a “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:
(a) the Performance Security has been encashed and appropriated in accordance with Clause 9.3 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days;
(b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.3, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security was appropriated;
(c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-G and continues to be in default for 90 (ninety) days;
Termination for Concessionaire Default. 37.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:
(a) the Performance Security or the Performance Guarantee, as the case may be, has been encashed and appropriated in accordance with Clause 9.2 and Clause 9.5 respectively and the Concessionaire fails to replenish or provide fresh Performance Security or the Performance Guarantee, as the case may be, within a Cure Period of 30 (thirty) days;
(b) subsequent to the replenishment or furnishing of fresh Performance Security or the Performance Guarantee, as the case may be, in accordance with Clause 9.2 and Clause 9.5 respectively, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security or the Performance Guarantee, as the case may be,was appropriated;
(c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-G and continues to be in default for 120 (one hundred and twenty) days;
Termination for Concessionaire Default from
37.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:
(a) the Performance Security or the Performance Guarantee, as the case may be, has been encashed and appropriated in accordance with Clause 9.2 and Clause 9.5 respectively and the Concessionaire fails to replenish or provide fresh Performance Security or the Performance Guarantee, as the case may be, within a Cure Period of 30 (thirty) days; xxx.xxxxxx.xxx Downloaded
(b) subsequent to the replenishment or furnishing of fresh Performance Security or the Performance Guarantee, as the case may be, in accordance with Clause 9.2 and Clause 9.5 respectively, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security or the Performance Guarantee, as the case may be,was appropriated;
(c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-G and continues to be in default for 120 (one hundred and twenty) days;
Termination for Concessionaire Default. Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (the "Concessionaire Default"), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:
Termination for Concessionaire Default. 31.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:-
(a) The Performance Security has been encashed and appropriated in accordance with Clause 9.2 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days;
(b) Subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.2, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days from the date of encashment of the Performance Security, the Concessionaire Default for which whole or part of the Performance Security was appropriated;
(c) the Concessionaire abandons or manifests intention to abandon the construction or operation of the Project without the prior written consent of the Authority;
Termination for Concessionaire Default. 17.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement ("Concessionaire Event of Default") unless such event has occurred as a result of a Force Majeure Event or DTIDCL Event of Default:
(a) At any time during the Concession Period, the Concessionaire fails to adhere to the O&M Requirements in terms of requirements set out in schedule 3 and 4;
(b) The Concessionaire is in Material Breach of any of its obligations under this Agreement and the same has not been remedied for more than sixty (60) days or such time provided by DTIDCL;
(c) The Concessionaire has abandoned the Project Site(s);
(d) A resolution has been passed by the shareholders’ of the Concessionaire for voluntary winding up/ dissolution of the Concessionaire;
Termination for Concessionaire Default. 21.1.1. Without prejudice to any other rights or remedies which the Authority may have under this Agreement, upon occurrence of a Concessionaire Default and failure of the Concessionaire to cure the Concessionaire Default within the Cure Period, the Authority shall be entitled to terminate this Agreement by issuing a Termination Notice to the Concessionaire. The Termination under this Article shall be effective 7 days from the issue of Termination Notice (“Termination Date”).
Termination for Concessionaire Default. Subject to Applicable Laws and save as otherwise provided in this Agreement, in the event that any of the defaults that shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement.
Termination for Concessionaire Default. 26.1.1. Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 30 (thirty) days, the Concessionaire shall be deemed to be in default of this Agreement (a "Concessionaire Default"), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:
a. the Construction Performance Security / Operations Performance Security has been encashed, as the case may be, and appropriated by the Authority in accordance with Clause 8.2 and the Concessionaire fails to replenish or provide fresh Construction Performance Security / Operations Performance Security, as the case may be, within a Cure Period of 21 (twenty one) days;
b. subsequent to replenishment or furnishing of fresh Construction Performance Security / Operational Performance Security, as the case may be, in accordance with Clause 8.2, the Concessionaire fails to cure the Concessionaire Default, for which whole or part of the Construction Performance Security / Operational Performance Security, as the case may be, was appropriated, within a cure period of 45 (forty five) days;
c. the Concessionaire abandons or manifests intention to abandon the construction or the operation of the Project without the prior written consent of the Authority;
