Common use of Overriding powers of the Authority Clause in Contracts

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 60 contracts

Sources: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement

Overriding powers of the Authority. (i) 14.9.1 If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 14.9.2 In the event that the Contractor, upon notice under Clause 14.9 (i)14.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) 14.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)14.9.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 36 contracts

Sources: Engineering, Procurement and Construction Agreement, Draft Contract Agreement, Draft Contract Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.328.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2128. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 17 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Bus Terminal or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 17 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.330.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Bus Terminal or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2130. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 16 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may bemaybe. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor deductanysuchcostsandexpensesincurredfromthepaymentsduetotheContractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 15 contracts

Sources: Contract Agreement, Construction Contract, Contract Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 13 contracts

Sources: Engineering Procurement and Construction (Epc) Contract, Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may bemaybe. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 11 contracts

Sources: Contract Agreement, Contract Agreement, Construction Contract

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligations.Damages specified therein. from (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Bus Terminal or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 10 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder34.

Appears in 4 contracts

Sources: Model Concession Agreement, Model Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.Clause

Appears in 4 contracts

Sources: Construction Contract, Engineering Procurement and Construction Agreement, Construction Contract

Overriding powers of the Authority. (i) 11.6.1. If in the reasonable opinion of the Authority, the Contractor Licensee is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirementsmaintenance requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Licensee to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 11.6.2. In the event that the ContractorLicensee, upon notice under Clause 14.9 (i)11.6.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 11.6.2 and take over the performance of any or all the obligations of the Contractor Licensee to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Licensee in accordance with the Contractor under provisions of Clause 19.7 for 11.5 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 11.6.3. In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.311.4, the Authority may take over the performance of any or all the obligations of the Contractor Licensee to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway Licensed premises or give such directions to the Contractor Licensee as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2126. It is also agreed that the Contractor Licensee shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)11.6, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 4 contracts

Sources: License Agreement, License Agreement, License Agreement

Overriding powers of the Authority. (i) 17.12.1. If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to any person or property or the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.12.2. In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.12.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.12.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.11 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.12.3. In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.329.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway Storage Facility or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2129. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.12.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 3 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 14.9.1 If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 14.9.2 In the event that the Contractor, upon notice under Clause 14.9 (i)14.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause ▇▇▇▇▇▇ 19.7 for the performance of its Maintenance obligations. (iii) 14.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)14.9.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 3 contracts

Sources: Contract Agreement, Contract Agreement, Contract Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration longerduration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 3 contracts

Sources: Construction Contract, Construction Contract, Construction Contract

Overriding powers of the Authority. (i) 17.8.1 If in the reasonable opinion of the Authority, the Contractor Operator is in material breach of its obligations under this Agreement and, in particular, the Maintenance RequirementsObligations, and such breach is causing or is likely to cause material hardship or danger to the Users and pedestriansAuthority or render the use of a Bus unsafe for operation, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice notice, require the Contractor Operator to take reasonable measures immediately for rectifying or removing such hardship or dangerunsafe condition, as the case may be. (ii) 17.8.2 In the event that the ContractorOperator, upon notice under the provisions of this Clause 14.9 (i)17.8, fails to rectify or remove any hardship or danger unsafe condition affecting the operation of any Bus, within a reasonable period[15 (fifteen)] days from the date of the notice, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.8 and take over the performance of any or all the obligations of the Contractor Operator to the extent deemed necessary by it for rectifying or removing such hardship or dangerunsafe situation; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that for any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractorsuch obligations, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Operator in accordance with the Contractor under provisions of Clause 19.7 for 17.7 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.8.3 In the event of a national emergency, civil commotion or any such other circumstances specified in Clause 21.3event, the Authority may take over the performance of any or all the rights or obligations of the Contractor Operator to the extent deemed necessary by it, and exercise such control over the Project Highway Buses and Maintenance Depots or give such directions to the Contractor Operator as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it It is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor Operator shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.8, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 3 contracts

Sources: Model Concession Agreement, Public Private Partnership Agreement, Model Concession Agreement

Overriding powers of the Authority. (i) 16.7.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Safety Requirements, Service Requirements and Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 16.7.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)16.7.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 16.7.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations Obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 16.6 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 16.7.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.329.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder29.

Appears in 3 contracts

Sources: Public Private Partnership Agreement, Public Private Partnership Agreement, Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 3 contracts

Sources: Engineering Procurement and Construction (Epc) Agreement, Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement

Overriding powers of the Authority. (i) 17.8.1 If in the reasonable opinion of the Authority, the Contractor Operator is in material breach of its obligations under this Agreement and, in particular, the Maintenance RequirementsObligations, and such breach is causing or is likely to cause material hardship or danger to the Users and pedestriansAuthority or render the use of a Bus unsafe for operation, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice notice, require the Contractor Operator to take reasonable measures immediately for rectifying or removing such hardship or dangerunsafe condition, as the case may be. (ii) 17.8.2 In the event that the ContractorOperator, upon notice under the provisions of this Clause 14.9 (i)17.8, fails to rectify or remove any hardship or danger unsafe condition affecting the operation of any Bus, within a reasonable period15 (fifteen) days from the date of the notice, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.8 and take over the performance of any or all the obligations of the Contractor Operator to the extent deemed necessary by it for rectifying or removing such hardship or dangerunsafe situation; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that for any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractorsuch obligations, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Operator in accordance with the Contractor under provisions of Clause 19.7 for 17.7 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.8.3 In the event of a national emergency, civil commotion or any such other circumstances specified in Clause 21.3event, the Authority may take over the performance of any or all the rights or obligations of the Contractor Operator to the extent deemed necessary by it, and exercise such control over the Project Highway Buses and Maintenance Depots or give such directions to the Contractor Operator as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it It is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor Operator shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.8, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 3 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

Overriding powers of the Authority. (ia) If in the reasonable opinion of the Authority, the Contractor Operator is in material breach of its obligations under this Agreement and, in particular, including the Maintenance RequirementsRequirements and the O&M Plan, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansCustomers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Operator to take reasonable and adequate measures at the sole cost of Operator immediately for rectifying or removing such hardship or dangerhardship, as the case may be. (iib) In the event that the ContractorOperator, upon notice under Clause 14.9 (iArticle 6.1.11(a), fails to rectify or remove any the hardship or danger within a reasonable period, the Authority shall have the right to undertake itself or through any third party, such actions and measures as may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent be deemed necessary by it the Authority for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any all costs and expenses incurred in relation to such actions and measures shall be borne by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, Operator and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Operator in such manner, including by enforcement of Performance Securities, as the Contractor under Clause 19.7 for the performance of its Maintenance obligationsAuthority may deem fit. (iiic) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3act of Force Majeure, the Authority may take over the performance of any or all the obligations of the Contractor Operator to the extent deemed necessary by it, and exercise such control over the Project Highway Facilities or give such directions to the Contractor Operator as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 3 contracts

Sources: Performance Based Contract, Performance Based Contract (Pbc), Performance Based Contract (Pbc)

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.335.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway Port or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power powers by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2135. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 3 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may bemaybe. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such Page 91 of 148 overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor deductanysuchcostsandexpensesincurredfromthepaymentsduetotheContractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 3 contracts

Sources: Contract Agreement, Contract Agreement, Construction Contract

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway Bus Port or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 14.9.1 If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 14.9.2 In the event that the Contractor, upon notice under Clause 14.9 (i)14.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) 14.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)14.9.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Epc Agreement, Draft Agreement for RFP for Beautification of Streets

Overriding powers of the Authority. (i) 16.10.1 If in the reasonable opinion of the Authority, the Contractor Mine Operator is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansany person or property, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Mine Operator to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 16.10.2 In the event that the ContractorMine Operator, upon notice under Clause 14.9 (i)16.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 16.10.2 and take over the performance of any or all the obligations of the Contractor Mine Operator to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Mine Operator in accordance with the Contractor under provisions of Clause 19.7 for 16.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 16.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority [Authority/Governmental Instrumentality] may take over the performance of any or all the obligations of the Contractor Mine Operator to the extent deemed necessary by it, and exercise such control over the Project Highway Mines and Equipment or give such directions to the Contractor Mine Operator as may be deemed necessary; provided that the Authority shall make reasonable endeavours to ensure that the exercise of such overriding powers by the Authority [Authority/Governmental Instrumentality (as the case may be)] shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the [Authority/Governmental Instrumentality (as the case may be)]. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Mine Operator shall comply with such instructions as the [Authority/Governmental Authority (as the case may be)] may issue in pursuance of the provisions of this Clause 14.9 (iii)16.10.3, and shall provide assistance and cooperation to the [Authority/Governmental Authority (as the case may be)], on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Coal Mining Agreement, Coal Mining Agreement

Overriding powers of the Authority. (i) 16.10.1 If in the reasonable opinion of the Authority, the Contractor Mine Operator is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansany person or property, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Mine Operator to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 16.10.2 In the event that the ContractorMine Operator, upon notice under Clause 14.9 (i)16.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 16.10.2 and take over the performance of any or all the obligations of the Contractor Mine Operator to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Mine Operator in accordance with the Contractor under provisions of Clause 19.7 for the performance of its Maintenance obligations16.9. (iii) 16.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Mine Operator to the extent deemed necessary by it, and exercise such control over the Project Highway Mines and Equipment or give such directions to the Contractor Mine Operator as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Mine Operator shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)16.10.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Contract Agreement, Contract Agreement

Overriding powers of the Authority. (i) 15.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 15.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)15.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 15.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and Concessionaire in accordance with the Authority shall be entitled to deduct any such costs and expenses incurred from provisions of Clause 15.9 along with the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligationsDamages specified therein. (iii) 15.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.327.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power powers by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2127. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)15.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Operation and Maintenance Agreement, Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) 17.4.1 In the event of a national emergencyan emergency whether national, state or limited to the city, civil commotion or any other circumstances act specified in Clause 21.331.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Project, as the case may be or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2131. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.4, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder. 17.4.2 If in the opinion of the Authority, the Concessionaire is in material breach of its obligations under this Agreement and in particular, the Maintenance Requirements, and such breach is causing or is likely to cause material hardship or danger to any person or property, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Concessionaire to take reasonable measures immediately for removing such hardship or danger as the case may be. 17.4.3 In the event the Concessionaire, upon notice under Clause 17.4.2, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may take over the performance of any or all the obligations of the Concessionaire to the extent deemed necessary by it for removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be deemed to be O&M Expenses, and the Authority shall be entitled to recover them from the Concessionaire in accordance with the provisions of this Article 17 along with the Damages specified therein.

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.327.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.Article

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.335.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway XXX Ropeway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. 35 It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Model Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 17.6.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, and in particular, the Maintenance O&M Requirements, and such breach is causing or is likely to cause material hardship or danger to the Users and pedestriansany person or property, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, danger as the case may be. (ii) 17.6.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.6.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunderin the circumstances which caused the exercise of such overriding power by the Authority; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under Clause 19.7 for provisions of Article 17 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.6.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.3Article 31, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of any doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21Clause 33.2. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), 17.6.3 and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for Bangladesh Border including Dawki Bridge from (Design km 63+530 to km 71+520) design length of 7.99 km in the State of Meghalaya for execution on EPC mode under JICA funding - (Package-V)-Balance Work rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Contract Agreement, Contract Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 17.9.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause any material hardship or danger to the Users and pedestriansProject or any component thereof, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.9.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.9.2 and take over the performance of any or all of the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for the performance 17.8 of its Maintenance obligationsthis Agreement. (iii) 17.9.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.332.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2132. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.9, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 16.7.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Safety Requirements, Service Requirements and Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansor any other individual on or about the Project, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 16.7.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)16.7.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 16.7.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations Obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 16.6 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 16.7.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.329.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder29.

Appears in 2 contracts

Sources: Public Private Partnership Agreement, Public Private Partnership Agreement

Overriding powers of the Authority. (i) 14.9.1 If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or 58 likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 14.9.2 In the event that the Contractor, upon notice under Clause 14.9 (i)14.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) 14.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)14.9.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 2 contracts

Sources: Draft Contract Agreement, Contract Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) 17.4.1 In the event of a national emergencyan emergency whether national, state or limited to the city, civil commotion or any other circumstances act specified in Clause 21.331.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Project, as the case may be or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2131. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.4, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder. 17.4.2 If in the opinion of the Authority, the Concessionaire is in material breach of its obligations under this Agreement and in particular, the Maintenance Requirements, and such breach is causing or is likely to cause material hardship or danger to any person or property, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Concessionaire to take reasonable measures immediately for removing such hardship or danger as the case may be. 17.4.3 In the event the Concessionaire, upon notice under Clause 17.4.2, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may take over the performance of any or all the obligations of the Concessionaire to the extent deemed necessary by it for removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be deemed to be O&M Expenses, and the Authority shall be entitled to recover them from the Concessionaire in accordance with the provisions of this Article 17 along with the Damages specified (if any).

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Overriding powers of the Authority. (i) 17.8.1 If in the reasonable opinion of the Authority, the Contractor Operator is in material breach of its obligations under this Agreement and, in particular, the Maintenance RequirementsObligations, and such breach is causing or is likely to cause material hardship or danger to the Users and pedestriansor render the use of a Bus unsafe for operation, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereofAgreement, by notice notice, require the Contractor Operator to take reasonable measures immediately for rectifying or removing such hardship or dangerunsafe condition, as the case may be. (ii) 17.8.2 In the event that the ContractorOperator, upon notice under the provisions of this Clause 14.9 (i)17.8, fails to rectify or remove any hardship or danger unsafe condition affecting the operation of any Bus, within a reasonable period15 (fifteen) days from the date of the notice, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.8 and take over the performance of any or all the obligations of the Contractor Operator to the extent deemed necessary by it for rectifying or removing such hardship or dangerunsafe situation; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that for any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractorsuch obligations, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Operator in accordance with the Contractor under provisions of Clause 19.7 for 17.7 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.8.3 In the event of a national emergency, adverse weather conditions, civil commotion or any such other circumstances specified in Clause 21.3event, the Authority may take over the performance of any or all the rights or obligations of the Contractor Operator to the extent deemed necessary by it, and exercise such control over the Project Highway Buses and Maintenance Depots or give such directions to the Contractor Operator as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it It is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor Operator shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.8, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder. 17.8.4 The Parties agree that if the Authority takes over the performance of any or all the rights or obligations of the Operator pursuant to Clauses 17.8.1, 17.8.2 or 17.8.3, then:

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 17.8.1 If in the reasonable opinion of the Authority, the Contractor Operator is in material breach of its obligations under this Agreement and, in particular, the Maintenance RequirementsObligations, and such breach is causing or is likely to cause material hardship or danger to the Users and pedestriansor render the use of a Bus unsafe for operation, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereofAgreement, by notice notice, require the Contractor Operator to take reasonable measures immediately for rectifying or removing such hardship or dangerunsafe condition, as the case may be. (ii) 17.8.2 In the event that the ContractorOperator, upon notice under the provisions of this Clause 14.9 (i)17.8, fails to rectify or remove any hardship or danger unsafe condition affecting the operation of any Bus, within a reasonable period15 (fifteen) days from the date of the notice, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.8 and take over the performance of any or all the obligations of the Contractor Operator to the extent deemed necessary by it for rectifying or removing such hardship or dangerunsafe situation; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that for any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractorsuch obligations, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Operator in accordance with the Contractor under provisions of Clause 19.7 for 17.7 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.8.3 In the event of a national emergency, adverse weather conditions, civil commotion or any such other circumstances specified in Clause 21.3event, the Authority may take over the performance of any or all the rights or obligations of the Contractor Operator to the extent deemed necessary by it, and exercise such control over the Project Highway Buses and Maintenance Depots or give such directions to the Contractor Operator as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it It is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor Operator shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.8, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder. 17.8.4 The Parties agree that if the Authority takes over the performance of any or all the rights or obligations of the Operator pursuant to Clauses 17.8.1, 17.8.2 or 17.8.3, then: (a) the period during which the Authority has taken over the operation of the Buses shall be excluded for determining compliance with the Key Performance Indicators in accordance with Article 20; (b) the Authority shall continue to pay the Operator for the Monthly Assured Bus Kilometres in accordance with Clause 22.4 for the period during which the Authority has taken over the operation of the Buses; and (c) the Authority shall be liable for any damage caused to the Buses during the period in which it has taken over the operations of the Buses.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may bemaybe. km 606+300 of NH-37 on existing Lahoal – Chabua Bypass i.e. Borborua Junction – Kandulibari Grant Gaon section in the State of Assam on EPC mode. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) 17.8.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, and in particular, particular the Maintenance RequirementsRequirements and the O&M Plan, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or dangerhardship, as the case may be. (ii) 17.8.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)Article 17.8.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) Article 17.8.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or dangerordanger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligationsConcessionaire. (iii) 17.8.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3act of Force Majeure, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Facilities or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway Highway/ the project or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Construction Contract

Overriding powers of the Authority. (i) ‌ 14.9.1 If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 14.9.2 In the event that the Contractor, upon notice under Clause 14.9 (i)14.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) 14.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)14.9.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Construction Contract

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that If the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in the discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion commotion, or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with under the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best best-effort basis, for the performance of its obligations hereunder.

Appears in 1 contract

Sources: Engineering Procurement and Construction (Epc) Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or dangerordanger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.328.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2128. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 14.9.1 If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority Authority/GMDA may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 14.9.2 In the event that the Contractor, upon notice under Clause 14.9 (i)14.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority Authority/GMDA may exercise overriding powers under this Clause 14.9 (ii) 14.9.2 and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority Authority/GMDA shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority Authority/GMDA in discharge of its obligations hereunder shall be recovered by the Authority Authority/GMDA from the Contractor, and the Authority Authority/GMDA shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) 14.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority Authority/GMDA may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway PROJECT or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority Authority/GMDA shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority Authority/GMDA may issue in pursuance of the provisions of this Clause 14.9 (iii)14.9.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Engineering Procurement and Construction Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users Rangagara to Kaliabor Tiniali of NH-37 (Old) from Km 297+000 to Km 315+315 (18.315 Km), under SARDP-NE, under EPC Mode at the Risk and Cost of EPC Contractor-2nd Call and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may bemaybe. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor deductanysuchcostsandexpensesincurredfromthepaymentsduetotheContractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Construction Contract

Overriding powers of the Authority. (i) 18.9.1. If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Concession Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Concession Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 18.9.2. In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)18.7.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 18.7.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no ofno greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder obligationshereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 18.6 alongwith the performance of its Maintenance obligationsDamages specified therein. (iii) 18.9.3. In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.330.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Proposed Project Highway at Old Power House Complex, Keishampat, Imphal belonging to the Chief Executive Officer Imphal Smart City Limited or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2130. It is also agreed that the Contractor shall comply Concessionaire shallcomply with such instructions as the Authority may issue in pursuance of the provisions of this ofthis Clause 14.9 (iii)18.7, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance (existing km 60.900 of old NH-40) to NH-106 (old NH-44E), (Package-II) km 12+800 to km 24+700 under SARDP- NE ‘Phase A’ in the State of Meghalaya on EPC Mode of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Construction Contract

Overriding powers of the Authority. (i) 16.10.1 If in the reasonable opinion of the Authority, the Contractor Mine Operator is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansany person or property, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Mine Operator to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 16.10.2 In the event that the ContractorMine Operator, upon notice under Clause 14.9 (i)16.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 16.10.2 and take over the performance of any or all the obligations of the Contractor Mine Operator to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Mine Operator in accordance with the Contractor under provisions of Clause 19.7 for 16.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 16.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Mine Operator to the extent deemed necessary by it, and exercise such control over the Project Highway Mines and Equipment or give such directions to the Contractor Mine Operator as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Mine Operator shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)16.10.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Model Contract Agreement

Overriding powers of the Authority. (i) 16.7.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Safety Requirements, Service Requirements and Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 16.7.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)16.7.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) clause and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 16.6 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 16.7.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.326.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the Draft Concession Agreement consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder30.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 17.9.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.9.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.9.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.8 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.9.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway XXX Ropeway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.9, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 15.6.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansStudents / faculty members or any other individual on or about the Project, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 15.6.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)15.6.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 15.6.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire along with the Contractor under Clause 19.7 for the performance of its Maintenance obligationsDamages specified therein. (iii) 15.6.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.323.3, at the Authority may take over the performance request of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basisthe Concessionaire in the national interest shall be under obligation to cause its Qualified Medical Teaching Staff, for performance of its obligations hereunderResident Doctors, Students and any other staff to serve the Hospital including Training Centres, beyond the scheduled hours and with extra work force, if required.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. maybe. Contract AgreementPage 97 of 159 Widening & Upgradation to 4-lane with paved shoulder from km 16.700 (end of Seer Hamdan Bypass) to km 39.450 (start of Pahalgam Bypass), Package-II of Khanabal - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on EPC Mode January’ 2024 (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration longerduration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor deductanysuchcostsandexpensesincurredfromthepaymentsduetotheContractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) 18.9.1. If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Concession Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Concession Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 18.9.2. In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)18.7.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 18.7.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no ofno greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder obligationshereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 18.6 alongwith the performance of its Maintenance obligationsDamages specified therein. (iii) 18.9.3. In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.330.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Proposed Project Highway at Kangla ▇▇▇, Imphal belonging to the Chief Executive Officer Imphal Smart City Limited or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2130. It is also agreed that the Contractor shall comply Concessionaire shallcomply with such instructions as the Authority may issue in pursuance of the provisions of this ofthis Clause 14.9 (iii)18.7, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for paved shoulder from design Km 0+000 to Km 36+635 (Design Length= 36.635 Km) (existing Km 112+000 to Km 151+060 of Old NH-62) under Bharatmala Pariyojana (Lot-1) Pkg-1B on EPC mode in the state of Meghalaya rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) 16.10.1 If in the reasonable opinion of the Authority, the Contractor Mine Operator is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansany person or property, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Mine Operator to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 16.10.2 In the event that the ContractorMine Operator, upon notice under Clause 14.9 (i)16.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 16.10.2 and take over the performance of any or all the obligations of the Contractor Mine Operator to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Mine Operator in accordance with the Contractor under provisions of Clause 19.7 for the performance of its Maintenance obligations16.9. (iii) 16.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Mine Operator to the extent deemed necessary by it, and exercise such control over the Project Highway Minesand Equipment or give such directions to the Contractor Mine Operator as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Mine Operator shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)16.10.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority theAuthority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments thepayments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Engineering Procurement and Construction (Epc) Agreement

Overriding powers of the Authority. (i) 17.7.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Safety Requirements, Service Requirements and Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to any person or property including the Users and pedestriansTransport Vehicles or owners or attendants of the Transport Vehicles, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.7.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.7.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.7.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.6 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.7.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.332.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2132. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.7.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9. along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.339.3, the Authority may take over over, or authorise any Designated GoI Agency to take over, the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Heliport or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2139. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for Bangladesh Border including Dawki Bridge from (Design km 10+670 to km 37+550) design length of 26.550 km in the State of Meghalaya for execution of EPC mode under JICA funding - (Package-II)-Balance Work rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) 17.8.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, and in particular, particular the Maintenance RequirementsRequirements and the O&M Plan, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or dangerhardship, as the case may be. (ii) 17.8.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)Article 17.8.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) Article 17.8.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligationsConcessionaire. (iii) 17.8.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3act of Force Majeure, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Facilities or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations itsobligations under this Agreement and, in particular, the Maintenance Requirements, ,and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement thisAgreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or dangerordanger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise mayexercise overriding powers under this Clause 14.9 (ii) and take over the performance of performanceof any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying forrectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses andexpenses incurred by the Authority in discharge of its obligations hereunder shall be recovered berecovered by the Authority from the Contractor, and the Authority shall be entitled to deduct todeduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations theobligations of the Contractor to the extent deemed necessary by it, and exercise such control suchcontrol over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority theAuthority shall be of no greater scope and of no longer duration than is reasonably required reasonablyrequired in the circumstances which caused the exercise of such overriding power by the bythe Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that agreedthat the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Draft Contract Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) . In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.9.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.8 along with the performance of its Maintenance obligations. (iii) Damages specified therein. In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.329.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway Haji Bunder (Sewree) to Elephanta Island Ropeway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2129. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.9, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 17.11.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, any person or property the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.11.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.11.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.11.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.10 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.11.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Transmission System or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.11.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Transmission Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or Improvement and widening to two lane with paved shoulder of road from Km 63.700 to Km 75.700 (Total length: 12.000 km) i.e. Bamanchara - Srirampur section of NH-208 (Package-IV) in the state of Tripura on EPC basis remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority theAuthority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause ▇▇▇▇▇▇ 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is Itis also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Engineering Procurement and Construction Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance 81+000 (Design Chainage 65+923 to 80+930) of Dokmoka – LoringThepi Section (Package-3) of NH-29 in the state of Assam on EPC mode of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i1) If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii2) In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i17.9.1), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii17.9.2) and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.8 along with the performance of its Maintenance obligationsDamages specified therein. (iii3) In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.329.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway village Rampur to Naina Devi Ji Ropeway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2129. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.9, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 17.9.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.9.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for the performance of its Maintenance obligations17.9. (iii) 17.9.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.333.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder35.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may bemaybe. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance NH-4 in the Union Territory of Andaman & Nicobar Islands on EPC basis(3rd Call) of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Construction Contract

Overriding powers of the Authority. (i) 17.12.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansany person or property, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.12.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.12.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.12.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.11 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.12.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.335.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Storage Facility or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2135. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.12.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Bus Terminal or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.. Downloaded from

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be.. Widening/Improvement to 4 (Four) Lane with Paved Shoulder from KM 131+500 to Km 146+250 (Design Chainage 131+152 to 145+712) of Manja – Dillai Section (Package-7) of NH 29 in the state of Assam on EPC mode (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) ‌ 16.10.1 If in the reasonable opinion of the Authority, the Contractor Mine Operator is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansany person or property, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Mine Operator to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 16.10.2 In the event that the ContractorMine Operator, upon notice under Clause 14.9 (i)16.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 16.10.2 and take over the performance of any or all the obligations of the Contractor Mine Operator to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Mine Operator in accordance with the Contractor under provisions of Clause 19.7 for 16.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 16.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Mine Operator to the extent deemed necessary by it, and exercise such control over the Project Highway Mines and Equipment or give such directions to the Contractor Mine Operator as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2134. It is also agreed that the Contractor Mine Operator shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)16.10.3, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for Meghalaya Package III (Km 47.075 to Km 77.055) on EPC Mode through ADB Loan assistance rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) 17.9.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Concession Agreement and, in particular, the maintenance requirements set forth in Maintenance RequirementsManual, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Concession Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.9.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.9.1, fails to rectify or remove any hardship or danger to the Users within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.9.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.8 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.9.3 In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3commotion, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2131. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.9, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for Meghalaya Package II (Km 20.900 to Km 47.075 on EPC Mode through ADB Loan assistance rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway Highway/ the project or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise Page 83 of 144 floating material for providing floating Terminal facilities at various locations on NW – 2 (Brahmaputra River) on EPC mode Sept, 2021 of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Construction Contract

Overriding powers of the Authority. (i) 17.10.1. If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In ▇▇.▇▇.▇. ▇▇ the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 17.9 along with the Damages specified therein. The amount so recovered as damages in accordance with provision of the Clause 17.9 shall not be considered for pass- through in the performance determination of its Maintenance obligationsthe Aeronautical Charges. (iii) In ▇▇.▇▇.▇. ▇▇ the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.339.3, the Authority may take over over, or authorise any Designated GOI Agency to take over, the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Airport or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2139. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 17.9.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.9.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.9.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.9.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for the performance of its Maintenance obligations17.9. (iii) 17.9.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.332.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder34.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. maybe. Contract AgreementPage 95 of 157 Widening & Upgradation to 2-lane with paved shoulder from km 39.450 (start of Pahalgam Bypass) to km 60.680 (Chandanwadi), Package-III of Khanabal - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on EPC Mode January’ 2024 (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration longerduration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor deductanysuchcostsandexpensesincurredfromthepaymentsduetotheContractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance (Design Chainage 50+710 to 65+923) of Parokhuwa – Dokmoka Section(Package 2) of NH 29 in the state of Assam on EPC mode. of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Contract Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, Requirements and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) . In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)15.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 15.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and Concessionaire in accordance with the Authority shall be entitled to deduct any such costs and expenses incurred from provisions of Clause 15.9 along with the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) Damages specified therein. In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.327.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power powers by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2127. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)15.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansor their property or to any person or their property, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that of the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.333.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway MMLP and rail connectivity or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2133. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Model Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be.reasonable (ii) In the event that the Contractor, upon notice under Clause 14.9 (i14.9.(i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii14.9.(ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii14.9.(iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Engineering Procurement and Construction Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestrians, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for of old NH-40) to NH-106 (old NH-44E), km 0+000 to km 12+800 (Package-I) under SARDP-NE ‘PHASE A’ in the State of Meghalaya on EPC Mode rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Construction Contract

Overriding powers of the Authority. (i) 15.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 15.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)15.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 15.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and Concessionaire in accordance with the Authority shall be entitled to deduct any such costs and expenses incurred from provisions of Clause 15.9 along with the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) Damages specified therein. In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.327.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it, and exercise such control over the Project Highway Road or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power powers by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2127. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)15.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) 17.10.1 If in the reasonable opinion of the Authority, the Contractor Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) 17.10.2 In the event that the ContractorConcessionaire, upon notice under Clause 14.9 (i)17.10.1, fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 (ii) 17.10.2 and take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractordeemed to be O&M Expenses, and the Authority shall be entitled to deduct any such costs and expenses incurred recover them from the payments due to Concessionaire in accordance with the Contractor under provisions of Clause 19.7 for 17.9 along with the performance of its Maintenance obligationsDamages specified therein. (iii) 17.10.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.334.3, the Authority may take over the performance of any or all the obligations of the Contractor Concessionaire to the extent deemed necessary by itit or as directed by the Government, and exercise such control over the Project Highway or give such directions to the Contractor Concessionaire as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power powers by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2128. It is also agreed that the Contractor Concessionaire shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 (iii)17.10, and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Concession Agreement

Overriding powers of the Authority. (i) If in the reasonable opinion of the Authority, the Contractor is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users and pedestriansUsers, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be. (ii) In the event that the Contractor, upon notice under Clause 14.9 15A.8 (i), fails to rectify or remove any hardship or danger within a reasonable period, the Authority may exercise overriding powers under this Clause 14.9 15A.8 (ii) and take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it for rectifying or removing such hardship or danger; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 17.5b for the performance of its Maintenance obligations. (iii) In the event of a national emergency, civil commotion or any other circumstances specified in Clause 21.319.3, the Authority may take over the performance of any or all the obligations of the Contractor to the extent deemed necessary by it, and exercise such control over the Project Highway KAVACH or give such directions to the Contractor as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 2119. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 15A.8 (iii), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder. (iv) Notwithstanding anything hereinabove, the Authority reserves the right to determine the contract as per provisions of Article 21.3 during the maintenance period.

Appears in 1 contract

Sources: Engineering, Procurement and Construction (Epc) Agreement

Overriding powers of the Authority. (i) 10.4.1 If in the reasonable opinion of the Authority, the Contractor Service Provider is in material breach of its obligations under this Agreement and, in particular, the Maintenance RequirementsService and Operations & Management Requirements (Schedule C), and such breach is causing or likely to cause material hardship or danger the Equipment and related Services not being available to the Users and pedestriansProject for use, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Contractor Service Provider to take reasonable measures immediately for rectifying or removing such hardship or dangerthe Defect with respect to the specific Equipment and/or remedy the breach of the obligation, as the case may be. (ii) 10.4.2 In the event that the ContractorService Provider, upon notice under Clause 14.9 (i)10.4, fails to rectify or remove any hardship or danger the Defect in the Equipment within a reasonable periodperiod of 7 days, the Authority may exercise overriding powers under this Clause 14.9 (ii) 10.4.2 and take over the performance of any or all the obligations of the Contractor Service Provider, at the risk and cost of the Service Provider, to the extent deemed necessary by it for rectifying or removing such hardship or dangerDefect; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the Authority in discharge of its obligations hereunder shall be recovered by the Authority from the Contractor, and the Authority shall be entitled to deduct any such costs and expenses incurred from the payments due to the Contractor under Clause 19.7 for the performance of its Maintenance obligations. (iii) 10.4.3 In the event of a national emergency, civil commotion or any other circumstances act specified in Clause 21.316.2, the Authority may take over the performance of any or all the obligations of the Contractor Service Provider to the extent deemed necessary by itit or as directed by the Authority, and exercise such control over the Project Highway or give such directions to the Contractor Service Provider as may be deemed necessary; provided that the exercise of such overriding powers by the Authority shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the Authority. For the avoidance of doubt, it is agreed that the consequences of such action shall be dealt in accordance with the provisions of Article 21. It is also agreed that the Contractor shall comply with such instructions as the Authority may issue in pursuance of the provisions of this Clause 14.9 16 (iiiForce Majeure), and shall provide assistance and cooperation to the Authority, on a best effort basis, for performance of its obligations hereunder.

Appears in 1 contract

Sources: Data Entry Services Provisioning Agreement