Common use of Termination for Concessionaire Default Clause in Contracts

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;

Appears in 1 contract

Samples: Concession Agreement

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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:-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 Securitydays, 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;

Appears in 1 contract

Samples: Concession Agreement

Termination for Concessionaire Default. 31.1.1 25.1.1 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:-include: (a) The 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 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 Securitydays, 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 Development or operation Operation of the Project Diagnostic Centres without the prior written consent of the Authority;

Appears in 1 contract

Samples: Concession Agreement

Termination for Concessionaire Default. 31.1.1 30.1.1 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 specified 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:-include the following: (a) The the Performance Security has been encashed and appropriated in accordance with Clause 9.2 9. and the Concessionaire fails to replenish or provide fresh Performance Security performance security within a Cure Period of 30 15 (thirtyfifteen) days; (b) Subsequent 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 60 (ninetysixty) days from the date of encashment of the Performance Securitydays, 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 and maintenance of the Project Highway without the prior written consent of the Authority;

Appears in 1 contract

Samples: Concession Agreement

Termination for Concessionaire Default. 31.1.1 a. 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 specified within a Cure Period of 60 (sixty) daysdays80, 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 Contracting Authority or due to Force Majeure. The defaults referred to herein shall include:-include the following: (a) The a. the Performance Security has been encashed and appropriated in accordance with Clause 9.2 9. and the Concessionaire fails to replenish or provide fresh Performance Security performance security within a Cure Period of 30 15 (thirty) fifteen)81 days; (b) Subsequent 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 60 (ninety) days from the date of encashment of the Performance Securitysixty)82 days, the Concessionaire Default for which whole or part of the Performance Security was appropriated; (c) c. the Concessionaire abandons or manifests intention to abandon the construction or operation and maintenance of the Project Highway without the prior written consent of the Contracting Authority;

Appears in 1 contract

Samples: Concession Agreement

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Termination for Concessionaire Default. 31.1.1 30.1.1. 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 specified 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:-include the following: (a) The the Performance Security has been encashed and appropriated in accordance with Clause 9.2 9 and the Concessionaire fails to replenish or provide fresh Performance Security performance security within a Cure Period of 30 15 (thirtyfifteen) days; (b) Subsequent 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 60 (ninetysixty) days from the date of encashment of the Performance Securitydays, 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 and maintenance of the Project Highway without the prior written consent of the Authority;

Appears in 1 contract

Samples: Concession Agreement

Termination for Concessionaire Default. 31.1.1 30.1.1 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 specified 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:-include the following: (a) The the Performance Security has been encashed and appropriated in accordance with Clause 9.2 9. and the Concessionaire fails to replenish or provide fresh Performance Security performance security within a Cure Period of 30 15 (thirtyfifteen) days; (b) Subsequent 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 60 (ninetysixty) days from the date of encashment of the Performance Securitydays, 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 and maintenance of the Project Road/Additional Facilities without the prior written consent of the Authority;

Appears in 1 contract

Samples: Concession Agreement

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