Common use of Interruption of Operation Clause in Contracts

Interruption of Operation. (a) If following the Effective Date and otherwise than as a result of an event of Force Majeure or pursuant to Article 14.1 (a) , JVC ceases or substantially ceases the operation of the Airport for more than 12 hours, at the request of either Party, AAI will meet with JVC to discuss and agree a plan and the appointment of a joint operation and management committee (and the terms and conditions upon which such committee is to be appointed), to procure that operation of the Airport recommences as soon as practicable. If AAI and JVC are unable to meet or to agree a plan and appoint a joint operation and management committee within six (6) hours of the expiry of the period referred to above, AAI shall be entitled, at the risk and cost of the JVC, to operate the Airport either itself or through a nominee. It is expressly agreed that the AAI will be entitled to collect all Aeronautical Charges (that are receivable by JVC on its own account) applicable during such time and set them off against operation costs and expenses incurred by AAI. It is further clarified that the JVC shall also indemnify AAI for all costs, expenses and liabilities incurred by AAI during the time the AAI or its nominee is operating the Airport (other than costs, expenses or liabilities arising as a result of gross negligence or wilful default of the AAI). If such Revenue as received by JVC is less than the operation costs and expenses of AAI and indemnification amounts (if any payable by JVC to AAI), then JVC shall forthwith pay such shortfall amount to the AAI. (b) Before the expiry of 48 hours from the time that AAI or its nominee assumed control of the Airport under this Article 14.2, JVC shall produce an action plan for rectifying the causes of the interruption that caused AAI or its nominee to take-over the Airport and upon the production of an action plan as acceptable to AAI, have the right to resume control and operation of the Airport, whereupon AAI, shall be obligated to hand back control and operation of the Airport to the JVC. (c) If any time, within six (6) months of any interruption leading to AAI or its nominee assuming control of the Airport, JVC once again ceases or substantially ceases the operation of the Airport for more than 12 hours, and AAI takes control of the Airport following the procedure mentioned in Article 14.2 hereof, then AAI will be entitled to collect and retain all Aeronautical Charges (that are receivable by JVC on its own account) applicable during such time and in addition be entitled to all costs, expenses and liabilities incurred by AAI during the time the AAI or its nominee is operating the Airport (other than costs, expenses or liabilities arising as a result of gross negligence or wilful default of the AAI). JVC shall in this regard indemnify AAI for all costs, expenses and liabilities incurred by AAI during the time the AAI or its nominee is operating the Airport (other than costs, expenses or liabilities arising as a result of gross negligence or wilful default of the AAI). The costs and expenses of AAI and indemnification amounts (if any, payable to AAI by JVC) shall be paid forthwith by JVC to AAI. DISPUTES‌‌

Interruption of Operation. (a) If following the Effective Date and otherwise than as a result of an event of Force Majeure or pursuant to Article 14.1 (a) Majeure, JVC ceases or substantially the PE ceases the operation of the Airport Market and Essential Services of MTM for more than 12 hoursseven (7) days, at the request of either Party, AAI the SAMB will meet with JVC the PE to discuss and agree a plan and the appointment of appoint a joint operation Joint Operation and management committee Management Committee (and the terms and conditions upon which such committee is to be appointed), to procure ensure that the operation of the Airport MTM recommences as soon as practicable. If AAI the SAMB and JVC the PE are unable to meet or to agree a plan and appoint a joint operation Joint Operation and management committee within six (6) hours of Management Committee, the expiry of the period referred to above, AAI SAMB shall be entitled, at the risk and cost of the JVCPE, to operate the Airport MTM either itself or through a nominee. It is expressly agreed that the AAI SAMB will be entitled to collect all Aeronautical Market Charges (that are receivable by JVC the PE on its own account) applicable during such time and set them off against operation costs and expenses incurred by AAI. It is further clarified that the JVC shall also indemnify AAI for all costs, expenses and liabilities incurred by AAI during the time the AAI or its nominee is operating the Airport (other than costs, expenses or liabilities arising as a result of gross negligence or wilful default of the AAI). If such Revenue as received by JVC is less than the operation costs and expenses of AAI and indemnification amounts (if any payable by JVC to AAI), then JVC shall forthwith pay such shortfall amount to the AAISAMB. (b) Before the expiry of 48 forty-eight (48) hours from the time that AAI the SAMB or its nominee assumed assumes control of the Airport MTM under this Article 14.2Clause 12.2, JVC the PE shall produce an action plan for rectifying the causes of the interruption that caused AAI SAMB or its nominee to take-over the Airport MTM and upon the production of an action plan as acceptable to AAISAMB, have the right to resume control and operation of the AirportMTM, whereupon AAI, the SAMB shall be obligated to hand back control and operation of the Airport MTM to the JVCPE. (c) If any time, within six (6) months of any interruption leading to AAI SAMB or its nominee assuming control of the AirportMTM, JVC the PE once again ceases or substantially ceases the operation of the Airport MTM for more than 12 hoursseven (7) days, and AAI the SAMB takes control of the Airport MTM following the procedure mentioned in Article 14.2 Clause 12.2 (a) hereof, then AAI the SAMB will be entitled to collect and retain all Aeronautical Market Charges (that are receivable by JVC PE on its own account) applicable during such time and in addition be entitled to all costs, expenses and liabilities incurred by AAI the SAMB during the time the AAI SAMB or its nominee is operating the Airport (other than costsMTM. The PE shall, expenses or liabilities arising as a result of gross negligence or wilful default of the AAI). JVC shall in this regard regard, indemnify AAI the SAMB for all costs, expenses and liabilities incurred by AAI the SAMB during the time the AAI SAMB or its nominee is was operating the Airport (other than costs, expenses or liabilities arising as a result of gross negligence or wilful default of the AAI)MTM. The costs and expenses of AAI the SAMB and indemnification amounts (if any, payable to AAI the SAMB by JVCthe PE) shall be paid forthwith by JVC the PE to AAI. DISPUTES‌‌the SAMB.