Common use of Termination for Concessionaire Event of Default Clause in Contracts

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall be entitled to terminate the Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 (Thirty) days of receipt of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the this Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire. The Concessionaire and within 30 (Thirty) days of receipt of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority NNR may have in respect thereof under this Agreement, upon theoccurrence of a Concessionaire Event of Default, NNR shall subject to the provisions of the Lenders’ Step-in Rights entitled to terminate this Agreement in the manneras. Provided however that upon the occurrence of a Concessionaire Event of DefaultDefault as specified , Concessioning Authority shall be entitled to NNR may immediately terminate the this Agreement by issue of Termination Notice in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii).manner ii. If Concessioning Authority NNR decides to terminate the this Agreement pursuant to preceding topreceding clause (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within Concessionaire. Within 30 (Thirty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority NNR in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-non- submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority NNR shall be entitled to terminate the this Agreement by issuing the Termination Notice, and to appropriate the Performance Security, ifsubsisting. iii. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforetherefor, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / remedy/ cure the underlying Event of Default. If, however the Concessionaire fails to remedy / remedy/ cure the underlying Event of Default within such further period allowed, Concessioning Authority NNR shall be entitled to terminate the Agreement this Agreement, by issuing the issue of Termination NoticeNotice and to appropriatePerformance Security, if subsisting.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority MC may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority MC shall be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii)below. ii. Upon occurrence of a Concessionaire Event of Default under this Agreement, MC shall by a notice inform the Lender's’ representative of its intention to issue a Termination Notice to the Concessionaire and grant sixty (60) days time to the Lenders to make a representation. The intimation to Lenders shall not prejudice any rights of MC against the Concessionaire. iii. If Concessioning Authority MC decides to terminate the this Agreement pursuant to preceding Cl. (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 Concessionaire. Within 60 (Thirtysixty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority MC in sufficient detail, the manner in which it proposes to cure the underlying Event of Default if any (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) 60 days, or if the Concessioning Authority Concessionaire’s Proposal to rectify is in the opinion of MC not sufficient to cure the Event of Default, the MC shall be entitled to terminate the this Agreement by issuing the Termination Notice, and to appropriate the Performance Guarantee without any liability of whatever nature to pay compensation to the Concessionaire. iiiiv. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforethereof, the Concessionaire shall have further period of 90 (Ninety) 60 days (“Cure Period”) to remedy / cure the underlying Event of DefaultDefault (“Cure Period”). If, however the Concessionaire fails to remedy / cure the underlying Event of Default to the satisfaction of MC within such further period allowed, Concessioning Authority MC shall be entitled to terminate this Agreement, by issue of Termination Notice without any liability of whatever nature to pay any compensation to the Agreement by issuing Concessionaire and to appropriate the Termination NoticePerformance Security.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority the NHIDCL may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority the NHIDCL shall subject to the provisions of the Substitution Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii)hereinafter provided. (ii. ) If Concessioning Authority NHIDCL decides to terminate the this Agreement pursuant to preceding sub-article10.2 (a) (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within Concessionaire. Within 30 (Thirty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority NHIDCL in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the period of 30 (Thirty) days, the Concessioning Authority NHIDCL shall be entitled to terminate the this Agreement by issuing the Termination Notice, and to appropriate the Performance Security, if subsisting. (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforetherefor, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / cure the underlying Event of DefaultDefault (Cure Period). If, however the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning Authority NHIDCL shall be entitled to terminate the this Agreement by issuing issue of Termination Notice and to appropriate the Termination NoticePerformance Security if subsisting.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority SIIDCUL may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority SIIDCUL shall subject to the provisions of the Lenders’ Step-in Rights as per Clause 9.5, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(iiClause 9.2(a)(ii) and Article 6.2(a)(iiiClause 9.2(a)(iii). Provided however that upon the occurrence of a Concessionaire Event of Default as specified under Clause 9.2(a)(xiv), SIIDCUL may immediately terminate this Agreement by issue of Termination Notice in the manner set out under Clause 9.2(c). (ii. ) If Concessioning Authority SIIDCUL decides to terminate the this Agreement pursuant to preceding clause (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within Concessionaire. Within 30 (Thirty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority SIIDCUL in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-non- submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority SIIDCUL shall be entitled to terminate the this Agreement by issuing the Termination Notice, and to appropriate the Performance Security, if subsisting. (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforetherefor, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / remedy/ cure the underlying Event of Default. If, however the Concessionaire fails to remedy / remedy/ cure the underlying Event of Default within such further period allowed, Concessioning Authority SIIDCUL shall be entitled to terminate the Agreement this Agreement, by issuing the issue of Termination NoticeNotice and to appropriate Performance Security, if subsisting.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the this Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 (Thirty) days of receipt of the Preliminary Prelimin ary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”” ). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify is submitted within the th e period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice.Cure

Termination for Concessionaire Event of Default. i. (1) Without prejudice to any other right or remedy which Concessioning Authority NGS may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall NGS shall, subject to the provisions of the Substitution Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary by issuing a Termination Notice to Remedy” to the Concessionaire, provided that before issuing the Termination Notice, NGS shall by a notice in writing inform the Concessionaire and of its intention to issue the Termination Notice (the "Preliminary Notice"). In case the underlying breach/default is not cured within 30 (Thirtya period of 60(sixty) days of receipt from the date of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the period of 30 (ThirtyCure Period) days, the Concessioning Authority NGS shall be entitled entitled, to terminate the this Agreement by issuing the Termination Notice. Provided further, that (a) if the default is not cured within 30(thirty) days of the Preliminary Notice, NGS shall be entitled to encash the Performance Security with a notice to the Concessionaire (Encashment Notice), (b) if the default is not cured within 30(thirty) days of the Encashment Notice and a fresh Performance Security is not furnished within the same period in accordance with Article 3.2, NGS shall subject to the provisions of the Substitution Agreement be entitled to issue the Termination Notice. (2) The following shall apply in respect of cure of any of the defaults and/or breaches of this Agreement : (i) The Cure Period provided in this Agreement shall not relieve the Concessionaire from liability for damages caused by its breach or default; (ii) The Cure Period shall not in any way be extended by any period of suspension under this Agreement; (iii. ) If the Concessionaire's Proposal cure of any breach by the Concessionaire requires any reasonable action by Concessionaire that is subject to Rectify is submitted within approval by NGS or the Government Agency hereunder the applicable Cure Period shall be extended by the period stipulated thereforetaken by NGS or the Government Agency to accord the required approval. (3) In case of the Concession granted on BOT basis, upon Termination by NGS on account of occurrence of a Concessionaire Event of Default during the Operations Period, the NGS shall pay to the Concessionaire by way of Termination Payment an amount equal to 90% of the Debt Due less pending insurance claims, if any. Provided, however, that in the event of such insurance claims or any part thereof are not admitted and paid, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Noticereceive from NGS further sum equal to 80%(eighty percent) of amount of such claims not admitted.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall be entitled to terminate the Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 (Thirty) days of receipt of the Preliminary Notice Notica to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the this Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 (Thirty) days of receipt of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority the NHIDCL may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority the NHIDCL shall subject to the provisions of the Substitution Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii)hereinafter provided. (ii. ) If Concessioning Authority XXXXXX decides to terminate the this Agreement pursuant to preceding sub-article10.2 (a) (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within Concessionaire. Within 30 (Thirty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority NHIDCL in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the period of 30 (Thirty) days, the Concessioning Authority NHIDCL shall be entitled to terminate the this Agreement by issuing the Termination Notice, and to appropriate the Performance Security, if subsisting. (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforetherefor, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / cure the underlying Event of DefaultDefault (Cure Period). If, however the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning Authority NHIDCL shall be entitled to terminate the this Agreement by issuing issue of Termination Notice and to appropriate the Termination NoticePerformance Security if subsisting.

Termination for Concessionaire Event of Default. i. a) Without prejudice to any other right or remedy which Concessioning the Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning the Authority shall, subject to the provisions of the “Substitution Agreement” (if any, with the Senior Lenders, pursuant to which, in case of Default by Concessionaire, Senior Lenders shall be allowed to take charge of Concessionaire's roles and responsibilities under this Agreement), be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(iiSub- clause (b) and Article 6.2(a)(iii)of Clause 29. ii2.1. Provided however that upon the occurrence of a Concessionaire Event of Default as specified under Sub-clause 29.1.2(s), the Authority may terminate this Agreement by issue of Termination Notice in the manner set out under Clause 29.2.3. b) If Concessioning the Authority decides to terminate the this Agreement pursuant to preceding Clause (ia), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within Concessionaire. Within 30 (Thirtythirty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning the Authority in sufficient detail, detail and if applicable the manner in which inter-alia it proposes to cure the underlying Event of Default or prevent the Event of Default from reoccurring (the “Concessionaire's "Concessionaire Proposal to Rectify”"). The same shall be reasonably considered by the Authority. In case of non-non- submission of Concessionaire Proposal to Rectify within the Concessionaire's said period of 30 days, the Authority shall be entitled to terminate this Agreement by issuing Termination Notice, and to appropriate the Performance Security, if subsisting. In case Concessionaire has made a Proposal to Rectify within the period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, and the same is accepted by the Authority as reasonable, the Concessionaire shall have further period be allowed a Cure Period of 90 60 (Ninetysixty) days (“Cure Period”) to remedy / cure the underlying Event of Defaultdays. If, however the Concessionaire fails to remedy / cure the underlying Event of Default or the factors causing the Event of Default within such further period allowed, Concessioning the Authority shall be entitled to terminate this Agreement, by issue of Termination Notice and to appropriate the Agreement by issuing Performance Security, if subsisting. For the Termination Noticeavoidance of doubt, the Authority, at its sole discretion, can reject the Concessionaire Proposal to Rectify if it feels that it is not adequate to cure the Event of Default or prevent the Event of Default from reoccurring.

Termination for Concessionaire Event of Default. i. (1) Without prejudice to any other right or remedy which Concessioning Authority NGS may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall NGS shall, subject to the provisions of the Substitution Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary by issuing a Termination Notice to Remedy” to the Concessionaire, provided that before issuing the Termination Notice, NGS shall by a notice in writing inform the Concessionaire and of its intention to issue the Termination Notice (the "Preliminary Notice"). In case the underlying breach/default is not cured within 30 (Thirtya period of 60(sixty) days of receipt from the date of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the period of 30 (ThirtyCure Period) days, the Concessioning Authority NGS shall be entitled entitled, to terminate the this Agreement by issuing the Termination Notice. Provided further, that (a) if the default is not cured within 30(thirty) days of the Preliminary Notice, NGS shall be entitled to encash the Performance Security with a notice to the Concessionaire (Encashment Notice), (b) if the default is not cured within 30(thirty) days of the Encashment Notice and a fresh Performance Security is not furnished within the same period in accordance with Article 3.2, NGS shall subject to the provisions of the Substitution Agreement be entitled to issue the Termination Notice. (2) The following shall apply in respect of cure of any of the defaults and/or breaches of this Agreement : (i) The Cure Period provided in this Agreement shall not relieve the Concessionaire from liability for damages caused by its breach or default; (ii) The Cure Period shall not in any way be extended by any period of suspension under this Agreement; (iii. ) If the Concessionaire's Proposal cure of any breach by the Concessionaire requires any reasonable action by Concessionaire that is subject to Rectify is submitted within approval by NGS or the Government Agency hereunder the applicable Cure Period shall be extended by the period stipulated thereforetaken by NGS or the Government Agency to accord the required approval. (3) In case of the Concession granted on DBOT basis, upon Termination by NGS on account of occurrence of a Concessionaire Event of Default during the Operations Period, the NGS shall pay to the Concessionaire by way of Termination Payment an amount equal to 90% of the Debt Due less pending insurance claims, if any. Provided, however, that in the event of such insurance claims or any part thereof are not admitted and paid, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Noticereceive from NGS further sum equal to 80%(eighty percent) of amount of such claims not admitted.

Termination for Concessionaire Event of Default. i. (a) Without prejudice to any other right or remedy which Concessioning the Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning the Authority shall be entitled to terminate the Agreement in the manner as set out under Article 6.2(a)(iithe following Sub-Clause (b) and Article 6.2(a)(iii(c). ii. (b) If Concessioning the Authority decides to terminate the Agreement pursuant to the preceding Sub- clause (ia), it shall in the first instance issue a “Preliminary Notice to Remedy” to the Concessionaire and within 30 thirty (Thirty30) days of receipt of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning the Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 thirty (Thirty30) days, the Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice. iii. (c) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 thirty (Ninety30) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning the Authority shall be entitled to terminate the Agreement by issuing the Termination Notice.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority the EDMC may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority the EDMC shall subject to the provisions of the Substitution Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii)hereinafter provided. (ii. ) If Concessioning Authority EDMC decides to terminate the this Agreement pursuant to preceding sub- article 10.2 (a) (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within Concessionaire. Within 30 (Thirty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority EDMC in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-non submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority EDMC shall be entitled to terminate the this Agreement by issuing the Termination Notice, and to appropriate the Performance Security. (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforetherefor, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / cure the underlying Event of DefaultDefault (Cure Period). If, however the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning Authority EDMC shall be entitled to terminate the this Agreement by issuing issue of Termination Notice and to appropriate the Termination NoticePerformance Security.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority CNP may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall CNP shall, subject to the provisions of the this Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii)this agreement. Provided however that upon the occurrence of a Concessionaire Event of Default as specified under this agreement, CNP may terminate this Agreement by issue of Termination Notice in the manner set out under this agreement. (ii. ) If Concessioning Authority CNP decides to terminate the this Agreement pursuant to preceding clause 13.2 (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 Concessionaire. Within thirty (Thirty30) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority CNP in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority CNP shall be entitled to terminate the this Agreement by issuing the Termination Notice., and to appropriate: a. the Performance Security, if subsisting and b. the amounts in the Post Closure Performance Account (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / remedy/ cure the underlying Event of Default. If, however the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning Authority CNP shall be entitled to terminate this Agreement, by issue of Termination Notice and to appropriate (a) the Agreement by issuing Performance Security, if subsisting and (b) the Termination Notice.amounts in the Post Closure Performance Account

Termination for Concessionaire Event of Default. i. 27.1.1 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 Event of Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Concessioning authority or due to Force Majeure. The defaults referred to herein shall include: (a) The Security Deposit/ PBG has been encashed and appropriated and the Concessionaire fails to replenish or provide fresh Security Deposit/ PBG within a Cure Period of 30 (thirty) days; (b) The Concessionaire fails to make any payment to the Concessioning authority within the period specified in this Agreement; (c) The Concessionaire fails to use the Seabed for the purposes for which it has been granted, within the stipulated time period, or uses the Seabed for purposes other than that for which the lease has been granted; (d) The Concessionaire repudiates this Agreement or otherwise takes any action or evidences or conveys an intention not to be bound by this Agreement; (e) Any representation or warranty of the Concessionaire is, as of the date of the Agreement, found to be materially false, incorrect or misleading or the Concessionaire is at any time thereafter found to be in breach thereof; (f) The Concessionaire violates terms and conditions of this Agreement or fails to fulfill or contravenes any of the terms or covenants or conditions contained herein; (g) The Concessionaire fails to produce requisite documents pertaining to the Survey to the concerned Government Instrumentalities; (h) The Concessionaire does not commence activity with respect to the Survey within 6 (six) months from the Lease Commencement Date; (i) The Concessionaire causes irreparable environmental damage to flora and fauna. (j) the Concessionaire abandons or manifests intention to abandon the construction or O&M of the Project Facilities without the prior written consent of the Concessioning authority; (k) the COD does not occur within the period specified in Clause 14.1.3; (l) upon occurrence of a financial default, the Lenders’ Representative has by notice required the Concessioning authority to undertake Suspension or Termination, as the case may be, in accordance with the Substitution Agreement and the Concessionaire fails to cure the default within the Cure Period specified hereinabove; (m) a breach of any of the Project Agreements by the Concessionaire has caused a Material Adverse Effect; (n) the Concessionaire is non-compliant with the Standards and Specifications and has failed to remedy the same within 14 (fourteen) days; (o) the Concessionaire creates any Encumbrance in breach of this Agreement; (p) a Change in Ownership has occurred in breach of the provisions of Clause 5.7; (q) there is a transfer, pursuant to law either of (a) the rights and/or obligations of the Concessionaire under any of the Project Agreements, or of (b) all or part of the assets or undertaking of the Concessionaire, and such transfer causes a Material Adverse Effect; (r) an execution levied on any of the assets of the Concessionaire has caused a Material Adverse Effect; (s) the Concessionaire is adjudged bankrupt or insolvent, or if a trustee or receiver is appointed for the Concessionaire or for the whole or material parts of its assets that has a material bearing on the Project; (t) the Concessionaire has been, or is in the process of being liquidated, dissolved, wound-up, amalgamated or reconstituted in a manner that would cause, in the reasonable opinion of the Concessioning authority, a Material Adverse Effect; (u) a resolution for winding up of the Concessionaire is passed, or any petition for winding up of the Concessionaire is admitted by a court of competent jurisdiction and a provisional liquidator or receiver is appointed and such order has not been set aside within 90 (ninety) days of the date thereof or the Concessionaire is ordered to be wound up by Court except for the purpose of amalgamation or reconstruction; provided that, as part of such amalgamation or reconstruction, the entire property, assets and undertaking of the Concessionaire are transferred to the amalgamated or reconstructed entity and that the amalgamated or reconstructed entity has unconditionally assumed the obligations of the Concessionaire under this Agreement and the Project Agreements; and provided that: (a) the amalgamated or reconstructed entity has the capability and operating experience necessary for the performance of its obligations under this Agreement and the Project Agreements; (b) the amalgamated or reconstructed entity has the financial standing to perform its obligations under this Agreement and the Project Agreements and has a credit worthiness at least as good as that of the Concessionaire as at the Appointed Date; and (c) each of the Project Agreements remains in full force and effect; (v) the Concessionaire submits to the Concessioning authority any statement, notice or other Document, in written or electronic form, which has a material effect on the Concessioning authority’s rights, obligations or interests and which is false in material particulars; (w) the Concessionaire fails to fulfil the Conditions Precedent as set out in Article 4 within the period specified therein; (x) the Concessionaire has failed to fulfil any obligation, for which Termination has been specified in this Agreement; (y) the Concessionaire commits a default in complying with any other provision if such a default causes a Material Adverse Effect on the Concessioning authority; (z) the Concessionaire is in Material Breach of any of its obligations under this Agreement and the same has not been remedied for more than 30 (thirty) days. 27.1.2 Without prejudice to any other right rights or remedy remedies which the Concessioning Authority authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, the Concessioning Authority authority shall be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary by issuing a Termination Notice to Remedy” to the Concessionaire and within 30 (Thirty) days of receipt of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the Agreement by ; provided that before issuing the Termination Notice, the Concessioning authority shall by a notice inform the Concessionaire of its intention to issue such Termination Notice and grant 15 (fifteen) days to the Concessionaire 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, subject to the provisions of Clause 27.1.3. iii27.1.3 The Concessioning authority shall, if there be Senior Lenders, send a copy of its notice of intention to issue a Termination Notice referred to in Clause 27.1.2 to inform the Xxxxxxx’ Representative and grant 15 (fifteen) days to the Lenders’ Representative, for making a representation on behalf of the Senior Lenders stating the intention to substitute the Concessionaire in accordance with the Substitution Agreement. If In the event the Concessioning authority receives such representation on behalf of Senior Lenders, it shall, in its discretion, either withhold Termination for a period not exceeding 180 (online hundred and eighty) days from the date of such representation or exercise its right of Suspension, as the case may be, for enabling the Lenders’ Representative to exercise the Senior Lenders’ right of substitution in accordance with the Substitution Agreement. 27.1.4 Provided that the Lenders’ Representative may, instead of exercising the Senior Lenders’ right of substitution, procure that the default specified in the notice is cured within the aforesaid period of 180 (one hundred and eighty) days, and upon such curing thereof, the Concessioning authority shall withdraw its notice referred to above and restore all the rights of the Concessionaire's Proposal to Rectify is submitted within . 27.1.5 Provided further that upon written request from the period stipulated thereforeLenders’ Representative and the Concessionaire, the Concessionaire shall have further Concessioning authority may extend the aforesaid period of 90 180 (Ninetyonline hundred and eighty) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within by such further period allowednot exceeding 90 (ninety) days, as the Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Noticeauthority may deem appropriate.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority MCD may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall MCD shall, subject to the provisions of the Substitution Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii)this agreement. Provided however that upon the occurrence of a Concessionaire Event of Default as specified under this agreement, MCD may terminate this Agreement by issue of Termination Notice in the manner set out under this agreement. (ii. ) If Concessioning Authority MCD decides to terminate the this Agreement pursuant to preceding clause 10.1 (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 Concessionaire. Within thirty (Thirty30) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority MCD in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority MCD shall be entitled to terminate the this Agreement by issuing the Termination Notice., and to appropriate: a. the Performance Security, if subsisting and b. the amounts in the Post Closure Performance Account (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / remedy/ cure the underlying Event of Default. If, however the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning Authority MCD shall be entitled to terminate this Agreement, by issue of Termination Notice and to appropriate (a) the Agreement by issuing Performance Security, if subsisting and (b) the Termination Notice.amounts in the Post Closure Performance Account

Termination for Concessionaire Event of Default. i. a. Without prejudice to any other right or remedy which Concessioning the Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning the Authority shall be entitled to may immediately terminate the this Agreement by issue of Termination Notice in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iiiClause 15.3.1 (b). ii. b. If Concessioning the Authority decides to terminate the this Agreement pursuant to preceding Clause 15.3.1 (ia), it shall in the first instance issue “Preliminary Notice notice of intention to Remedy” terminate to the Concessionaire and within Concessionaire. Within 30 (Thirty) days of receipt of the Preliminary Notice notice of intention to Remedyterminate, the Concessionaire shall submit to Concessioning the Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the this Agreement by issuing the termination notice ("Termination Notice"). iii. c. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforethere for, the Concessionaire Authority shall have further period of 90 (Ninety) 60 days (the “Cure Period”) to remedy / remedy/ cure the underlying Event of Default. If, however the Concessionaire fails to remedy / remedy/ cure the underlying Event of Default within such further period allowed, Concessioning the Authority shall be entitled to terminate the Agreement this Agreement, by issuing the issue of Termination Notice.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority ULB may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall be entitled ULB may subject to the provisions of the Substitution Agreement, terminate the this Agreement in the manner as set out under Article 6.2(a)(ii14.2(a)(ii) and Article 6.2(a)(iii14.2(a)(iii). (ii. ) If Concessioning Authority ULB decides to terminate the this Agreement pursuant to preceding Sub-article (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within Concessionaire. Within 30 (Thirtythirty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority ULB in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirtythirty) days, the Concessioning Authority ULB shall be entitled to terminate the this Agreement by issuing the Termination Notice, and to forfeit the Performance Security and / or Additional Performance Security, if subsisting and upon certification by the Construction Supervisor / Independent Engineer to the bank where the Post Closure Performance Account is held, amounts in the said account. (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforetherefor, the Concessionaire shall have further period of 90 30 (Ninetythirty) days (“Cure Period”) to remedy / remedy/ cure the underlying Event of Default. If, however the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning Authority ULB shall be entitled to terminate this Agreement, by issue of Termination Notice and to forfeit the Agreement Performance Security and / or Additional Performance Security, if subsisting and upon certification by issuing the Independent Engineer to the bank where the Post Closure Performance Account is held, amounts in the said account. (iv) ULB shall, if there be Senior Lenders and /or Secured Lenders, send a copy of its notice of intention to issue a Termination NoticeNotice referred to in Article 14.2 (a) (ii) to inform the Lenders’ Representative and grant 15 (fifteen) days to the Lenders’ Representative, for making are presentation on behalf of the Senior Lenders and /or Secured Lenders, as the case may be. In the event, ULB receives a representation on behalf of Senior Lenders and /or Secured Lenders, it shall, in its discretion, either withhold Termination for a period not exceeding 180 (one hundred and eighty) days from the date of such representation or exercise its right of Suspension, as the case may be, for enabling the Lenders' Representative to exercise the Senior Lenders' and /or Secured Lenders’ right to cause the Concessionaire to cure the event of default in accordance with this Agreement. (v) Provided further that upon written request from the Lenders’ Representative and the Concessionaire, ULB shall extend the aforesaid period of 180 (one hundred and eighty) days by such further period not exceeding 90 (ninety) days, as ULB may deem appropriate.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall be entitled to terminate the Agreement in the manner as set out under Article 6.2(a)(ii) and Article andArticle 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 (Thirty) days of receipt of the Preliminary Notice Notica to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority AMC may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall AMC shall, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii12.4(a)(ii) and Article 6.2(a)(iii12.4(a)(iii). Provided however that upon the occurrence of a Concessionaire Event of Default as specified under Article 12.2, AMC may terminate this Agreement by issue of Termination Notice in the manner set out under Article 12.4(c) after giving the Concessionaire an opportunity of hearing. (ii. ) If Concessioning Authority AMC decides to terminate the this Agreement pursuant to preceding Article (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 Concessionaire. Within thirty (Thirty30) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority AMC in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-non- submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority AMC shall be entitled to terminate the this Agreement by issuing the Termination Notice, and appropriate amount of the Performance Security. (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforetherefor, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / remedy/ cure the underlying Event of Default. If, however the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning Authority AMC shall be entitled to terminate this Agreement, by issue of Termination Notice and to appropriate the Agreement by issuing the Termination NoticePerformance Security.

Termination for Concessionaire Event of Default. i. i) Without prejudice to any other right or remedy which Concessioning Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. ) If Concessioning Authority decides to terminate the this Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 (Thirty) days of receipt of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-non- submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice. iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the this Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 (Thirty) days da ys of receipt of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”” ). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify R ectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying underly ing Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority MCD may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall MCD shall, subject to the provisions of the Substitution Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). iithis agreement. Provided however that upon the occurrence of a Concessionaire Event of Default as specified under this agreement, MCD may terminate this Agreement by issue of Termination Notice in the manner set out under this agreement. If Concessioning Authority MCD decides to terminate the this Agreement pursuant to preceding clause 10.1 (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 Concessionaire. Within thirty (Thirty30) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority MCD in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority MCD shall be entitled to terminate the this Agreement by issuing the Termination Notice. iii. , and to appropriate: the Performance Security, if subsisting and the amounts in the Post Closure Performance Account If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / remedy/ cure the underlying Event of Default. If, however the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning Authority MCD shall be entitled to terminate the Agreement this Agreement, by issuing the issue of Termination Notice.Notice and to appropriate

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority CoC may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority CoC shall be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii12.2 (a)(ii). ii. If Concessioning Authority CoC decides to terminate the this Agreement pursuant to preceding clause (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 Concessionaire. Within 60 (Thirtysixty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority CoC in sufficient detail, the manner in which it proposes to cure the underlying Event of Default if any (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) 60 days, the Concessioning Authority CoC shall be entitled to terminate the this Agreement by issuing the Termination Notice. iii, and to appropriate the Performance Security, if subsisting. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforethereof, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / cure the underlying Event of DefaultDefault (“Cure Period”). If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority CoC shall be entitled to terminate the Agreement this Agreement, by issuing the issue of Termination NoticeNotice and to appropriate the, Performance Security, if subsisting.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall be entitled to terminate the this Agreement in the t he manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the this Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 (Thirty) days of receipt of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy reme dy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority MC may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority MC shall be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii)below. ii. Upon occurrence of a Concessionaire Event of Default under this Agreement, MC shall by a notice inform the Lender's’ representative of its intention to issue a Termination Notice to the Concessionaire and grant sixty (60) days time to the Lenders to make a representation. The intimation to Lenders shall not prejudice any rights of MC against the Concessionaire. iii. If Concessioning Authority MC decides to terminate the this Agreement pursuant to preceding Cl. (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 Concessionaire. Within 60 (Thirtysixty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority MC in sufficient detail, the manner in which it proposes to cure the underlying Event of Default if any (the “Concessionaire's Proposal to Rectify”). In case of non-non- submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) 60 days, or if the Concessioning Authority Concessionaire’s Proposal to rectify is in the opinion of MC not sufficient to cure the Event of Default, the MC shall be entitled to terminate the this Agreement by issuing the Termination Notice, and to appropriate the Performance Guarantee without any liability of whatever nature to pay compensation to the Concessionaire. iiiiv. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforethereof, the Concessionaire shall have further period of 90 (Ninety) 60 days (“Cure Period”) to remedy / cure the underlying Event of DefaultDefault (“Cure Period”). If, however the Concessionaire fails to remedy / cure the underlying Event of Default to the satisfaction of MC within such further period allowed, Concessioning Authority MC shall be entitled to terminate this Agreement, by issue of Termination Notice without any liability of whatever nature to pay any compensation to the Agreement by issuing Concessionaire and to appropriate the Termination NoticePerformance Security.

Termination for Concessionaire Event of Default. i. Without prejudice to any other right or remedy which Concessioning Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority Auth ority shall be entitled to terminate the Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii). ii. If Concessioning Authority decides to terminate the Agreement pursuant to preceding (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 (Thirty) days of receipt of the Preliminary Notice to Remedy, the Concessionaire shall submit to Concessioning Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”” ). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) days (“Cure Period”) to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / cure the underlying Event of Default within such further period allowed, Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice.Cure

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority the EDMC may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority the EDMC shall subject to the provisions of the Substitution Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii)hereinafter provided. (ii. ) If Concessioning Authority EDMC decides to terminate the this Agreement pursuant to preceding sub-article 10.2 (a) (i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within Concessionaire. Within 30 (Thirty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority EDMC in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-non submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority EDMC shall be entitled to terminate the this Agreement by issuing the Termination Notice, and to appropriate the Performance Security. (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated thereforetherefor, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / cure the underlying Event of DefaultDefault (Cure Period). If, however the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning Authority EDMC shall be entitled to terminate the this Agreement by issuing issue of Termination Notice and to appropriate the Termination NoticePerformance Security.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority MCS may have in respect thereof under this Agreement, Agreement upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall MCS shall, subject to the provisions of the Substitution Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii9.2 (a) (ii) and Article 6.2(a)(iii9.2 (a) (iii). Provided however that upon the occurrence of a Concessionaire Event of Default as specified under Article 9.1 (a) (iii), MCS may terminate this Agreement by issue of Termination Notice in the manner set out under Article 9.2(c). (ii. ) If Concessioning Authority MCS decides to terminate the this Agreement pursuant to preceding Article (a) (i), ) it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 Concessionaire. Within thirty (Thirty30) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority MCS in sufficient detaildetail and if applicable, the manner in which inter alia it proposes to cure the underlying Event of Default (the “Concessionaire's ’s Proposal to Rectify”). The same shall be reasonably considered by the MCS. In case of non-non- submission of the Concessionaire's ’s Proposal to Rectify within the said period of 30 days or any extension granted thereof by the MCS, MCS shall be entitled to terminate this Agreement by issuing Termination Notice, and to appropriate the Performance Security, if subsisting. (iii) In case the Concessionaire submits a Proposal to Rectify within the period of 30 stipulated as per Article 9.2 (Thirtya) days, the Concessioning Authority shall be entitled to terminate the Agreement by issuing the Termination Notice. iii. If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore(ii) above, the Concessionaire shall have a further period of 90 ninety (Ninety90) days (“Cure Period”) or any extension granted therefor by the MCS to remedy / cure the underlying Event of Default. If, however the Concessionaire fails to remedy / remedy/ cure the underlying Event of Default within such further period allowed, Concessioning Authority MCS shall be entitled to terminate this Agreement, by issue of Termination Notice and to appropriate the Agreement by issuing the Termination NoticePerformance Security, if subsisting.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning the Authority may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning the Authority shall shall, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii13.4.1(ii) and Article 6.2(a)(iii13.4.1(iii). Provided however that upon the occurrence of a Concessionaire Event of Default as specified under Article 13.2, the Authority may terminate this Agreement by issue of Termination Notice in the manner set out under Article 13.4.1 after giving the Concessionaire an opportunity of hearing. (ii. ) If Concessioning the Authority decides to terminate the this Agreement pursuant to preceding (iSub- Clause(i), it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within Concessionaire. Within 30 (Thirtythirty) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning the Authority in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty30(thirty) days, the Concessioning Authority shall be entitled to terminate the this Agreement by issuing the Termination Notice, and appropriate amount of the Performance Security. (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / remedy/ cure the underlying Event of Default. If, however however, the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning the Authority shall be entitled to terminate this Agreement, by issue of Termination Notice and to appropriate the Agreement by issuing the Termination NoticePerformance Security.

Termination for Concessionaire Event of Default. i. (i) Without prejudice to any other right or remedy which Concessioning Authority NDMC may have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of Default, Concessioning Authority shall NDMC shall, subject to the provisions of the Substitution Agreement, be entitled to terminate the this Agreement in the manner as set out under Article 6.2(a)(ii) and Article 6.2(a)(iii)this agreement. Provided however that upon the occurrence of a Concessionaire Event of Default as specified under this agreement, NDMC may terminate this Agreement by issue of Termination Notice in the manner set out under this agreement. (ii. ) If Concessioning Authority NDMC decides to terminate the this Agreement pursuant to preceding (i)clause 10.1.1, it shall in the first instance issue “Preliminary Notice to Remedy” to the Concessionaire and within 30 Concessionaire. Within thirty (Thirty30) days of receipt of the Preliminary Notice to RemedyNotice, the Concessionaire shall submit to Concessioning Authority NDMC in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Concessionaire's Proposal to Rectify”). In case of non-submission of the Concessionaire's Proposal to Rectify within the said period of 30 (Thirty) days, the Concessioning Authority NDMC shall be entitled to terminate the this Agreement by issuing the Termination Notice., and to appropriate: a. the Performance Security, if subsisting and b. the amounts in the Retention Money Account (iii. ) If the Concessionaire's Proposal to Rectify is submitted within the period stipulated therefore, the Concessionaire shall have further period of 90 (Ninety) 30 days (“Cure Period”) to remedy / remedy/ cure the underlying Event of Default. If, however the Concessionaire fails to remedy / remedy/cure the underlying Event of Default within such further period allowed, Concessioning Authority NDMC shall be entitled to terminate this Agreement, by issue of Termination Notice and to appropriate (a) the Agreement by issuing Performance Security, if subsisting and (b) the Termination Notice.amounts in the Retention Money Account