Withdrawals upon Termination. 27.4.1 Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order:
(a) all taxes due and payable by the Concessionaire for and in respect of the Project;
(b) 55% (fifty five per cent) of Debt Due excluding Subordinated Debt;
(c) outstanding Annual Concession Fee;
(d) all payments and Damages certified by the Authority as due and payable to it by the Concessionaire;
(e) incurred or accrued O&M Expenses;
(f) retention and payments relating to the liability for defects and deficiencies set forth in Article 35;
(g) outstanding Debt Service including the balance of Debt Due;
(h) outstanding Subordinated Debt;
(i) any other payments required to be made under this Agreement; and
(j) balance, if any, in accordance with the instructions of the Concessionaire: Provided that no appropriations shall be made under Sub-clause (j) of this Clause
27.4.1 until a Vesting Certificate has been issued by the Authority under the provisions of Clause 34.4.
27.4.2 The provisions of this Article 27 and the instructions contained in the Escrow Agreement shall remain in full force and effect until the obligations set forth in Clause 27.4.1 have been discharged.
Withdrawals upon Termination. 10.4.1 Not withstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order:
(a.) all taxes due and payable by the Concessionaire for and in respect of the Project; (b.) 90% (ninety per cent) of Debt Due;
Withdrawals upon Termination. 26.4.1 Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Project Account shall, upon Termination, be appropriated in the following order:
(a) all Taxes due and payable by the Concessionaire for and in respect of the Resort;
(b) Outstanding Concession Fee and Additional Concession Fee;
(c) all payments due and payable under this Agreement and/or Damages certified by the Authority as due and payable to it by the Concessionaire; and balance, if any, in accordance with the instructions of the Concessionaire.
26.4.2 The provisions of this Article and the instructions contained in the Project Account Agreement shall remain in full force and effect until the obligations set forth in Article 26.4.1 have been discharged.
Withdrawals upon Termination. 13.4.1. Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order:
(a) all taxes due and payable by the Operator;
(b) outstanding Annual Concession Fee;
(c) all payments and Damages certified by DTTDC as due and payable to it by the Operator;
(d) outstanding Debt Service;
(e) incurred or accrued O&M Expenses;
(f) any other payments required to be made under this Agreement; and
(g) balance, if any, in accordance with the instructions of the Operator: Provided that no appropriations shall be made under Sub-clause (g) of this Clause 13.4 until a Vesting Certificate has been issued by DTTDC under the provisions of Article 16.
13.4.2. The provisions of this Article 13 and the instructions contained in the Escrow Agreement shall remain in full force and effect until the obligations set forth in Clause 13.4.1 have been discharged.
Withdrawals upon Termination. Upon termination of the Contract, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, be appropriated and dealt with in the orderspecified in Clause 3.2 above.
Withdrawals upon Termination. 20.4.1 Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order:
a) All Taxes due and payable by the Concessionaire for and in respect of the Project;
b) Ninety per cent (90%) of the Debt Due including subordinate debt;
c) Outstanding Project Consideration as per 20.3.1 (e);
d) Retention and payments relating to the liability for defects and deficiencies;
e) Outstanding Debt Service including the balance of Debt Due;
f) Outstanding Subordinated Debt;
g) Incurred or accrued O&M Expenses;
h) All payments and damages certified by the Authority as due and payable to it by the Concessionaire;
i) Any other payments required to be made under this Agreement; and
j) Balance, if any, in accordance with the instructions of the Concessionaire.
4.1 until a Vesting Certificate has been issued by the Authority.
Withdrawals upon Termination. 24.4.1. Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order:
a) all taxes due and payable by the SPD for and in respect of the solar power project.
b) 90% (ninety per cent) of Debt Due excluding Subordinated Debt;
c) outstanding amount, if any under Agreement;
d) all payments and Damages certified by Railways as due and payable to it by the SPD;
e) retention and payments relating to the liability set forth in Article 31;
f) outstanding Debt Service including the balance of Debt Due;
g) outstanding Subordinated Debt;
h) incurred or accrued O&M Expenses;
i) any other payments required to be made under this Agreement; and
j) balance, if any, in accordance with the instructions of the SPD:
24.4.2. The provisions of this Article 24 and the instructions contained in the Escrow Agreement shall remain in full force and effect until the obligations set forth in Clause 24.4.1 have been discharged.
Withdrawals upon Termination. Upon Termination of the Concession Agreement, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, be appropriated and dealt with in the following order:
(a) all taxes due and payable by the Concessionaire for and in relation to its obligations under the Project;
(b) amount of the Debt Due approved by the Authority as part of the Termination Payment, excluding Subordinated Debt;
(c) all payments and Damages certified by the Authority as due and payable to it by the Concessionaire pursuant to the Concession Agreement, including claims in connection with or arising out of Termination;
(d) retention and payments arising out of, or in relation to, liability for defects and deficiencies set forth in Article 36 of the Concession Agreement;
(e) outstanding Debt Service including the balance of Debt Due;
(f) outstanding Subordinated Debt;
(g) incurred or accrued O&M Expenses;
(h) any other payments required to be made under the Concession Agreement; and
(i) balance, if any, in accordance with the joint instructions of the Concessionaire and the Authority. Provided that the disbursements specified in Sub-clause (i) of this Clause 4.2 shall be undertaken only after the Vesting Certificate has been issued by the Authority.
Withdrawals upon Termination. 4.2.1 Upon Termination of the Contract Agreement, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, be appropriated and dealt with in the following order:
(a) all taxes due and payable by the Implementation Agency for and in respect of the Project;
(b) all payments and Damages certified by the Authority as due and payable to it by the Implementation Agency;
(c) any other payments required to be made under the Contract Agreement; and
(d) balance, if any, in accordance with the instructions of the Implementation Agency for implementation of the Project and as part of the Total Project Cost
Withdrawals upon Termination. Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order:
(a) all taxes due and payable by the Implementation Agency for and in respect of the Project;
(b) any amount due on account of appropriation of the Performance Security under Article 8 of this Agreement;
(c) all payments and Damages certified by the Authority as due and payable to it by the Implementation Agency. The Implementation Agency hereby agrees to give irrevocable instructions to the Escrow Bank to make payment from the Escrow Account in accordance with the instructions of the Authority; and
(d) any other payments required to be made under this Agreement The provisions of this Article 19 and the instructions contained in the Escrow Agreement shall remain in full force and effect until the obligations set forth in Clause 19.4 have been discharged.
