Common use of Termination for Concessionaire Default Clause in Contracts

Termination for Concessionaire Default. 32.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (a “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include: (a) the Performance Security has been encashed and appropriated in accordance with Clause 9.3 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days; (b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.3, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security was appropriated; (c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-G and continues to be in default for 90 (ninety) days;

Appears in 4 contracts

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

Termination for Concessionaire Default. 32.1.1 ‌ 37.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (a “the "Concessionaire Default"), unless the default has occurred solely as a result of any breach of this Agreement by the Concessioning Authority or due to Force Majeure. The defaults referred to herein shall include: (a) the Performance Security has been encashed and appropriated in accordance with Clause 9.3 9.2 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days; (b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.39.2, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security was appropriated; (c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-G and continues to be in default for 90 120 (ninetyOne hundred and Twenty) days;

Appears in 3 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

Termination for Concessionaire Default. 32.1.1 30.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (a the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority MOR or due to Force Majeure. The defaults referred to herein shall include: (a) the Performance Security has been encashed and appropriated in accordance with Clause 9.3 9.2 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days; (b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.39.2, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security was appropriated; (c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-G E and continues to be in default for 90 120 (ninetyone hundred and twenty) days;

Appears in 2 contracts

Sources: Construction Agreement, Construction Agreement

Termination for Concessionaire Default. 32.1.1 30.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (a the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority MOR or due to Force Majeure. The defaults referred to herein shall include: (a) the Performance Security has been encashed and appropriated in accordance with Clause 9.3 9.2 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days; (b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.39.2, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security was appropriated; (c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-G E and continues to be in default for 90 [120 (ninetyone hundred and twenty) days] 14;

Appears in 2 contracts

Sources: Construction Agreement, Construction Agreement

Termination for Concessionaire Default. 32.1.1 34.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (a the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority MOR or due to Force Majeure. The defaults referred to herein shall include: (a) the Performance Security has been encashed and appropriated in accordance with Clause 9.3 9.2 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days; (b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.39.2, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security was appropriated; (c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-Schedule G and continues to be in default for 90 120 (ninetyone hundred and twenty) days;

Appears in 2 contracts

Sources: Construction Agreement, Construction Agreement

Termination for Concessionaire Default. 32.1.1 34.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (a the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority MOR or due to Force Majeure. The defaults referred to herein shall include: (a) the Performance Security has been encashed and appropriated in accordance with Clause 9.3 9.2 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days; (b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.39.2, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security was appropriated; (c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-Schedule G and continues to be in default for 90 [120 (ninety) one hundred and twenty)] §§§§ days;

Appears in 1 contract

Sources: Construction Contract

Termination for Concessionaire Default. 32.1.1 37.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (a the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include: (a) the Performance Security has been encashed and appropriated in accordance with Clause 9.3 9.2 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days; (b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.39.2, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security was appropriated; (c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-Schedule- G and continues to be in default for 90 120 (ninetyone hundred and twenty) days;

Appears in 1 contract

Sources: Concession Agreement

Termination for Concessionaire Default. 32.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (a "Concessionaire Default"), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include: (a) the Performance Security has been encashed and appropriated in accordance with Clause Article 9.3 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days; (b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause Article 9.3, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security was appropriated; (c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-G and continues to be in default for 90 (ninety) days;

Appears in 1 contract

Sources: Concession Agreement

Termination for Concessionaire Default. 32.1.1 37.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (a “the "Concessionaire Default"), unless the default has occurred solely as a result of any breach of this Agreement by the Concessioning Authority or due to Force Majeure. The defaults referred to herein shall include: (a) the Performance Security has been encashed and appropriated in accordance with Clause 9.3 9.2 and the Concessionaire fails to replenish or provide fresh Performance Security within a Cure Period of 30 (thirty) days; (b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.39.2, the Concessionaire fails to cure, within a Cure Period of 90 (ninety) days, the Concessionaire Default for which whole or part of the Performance Security was appropriated; (c) the Concessionaire does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-G and continues to be in default for 90 120 (ninetyOne hundred and Twenty) days;

Appears in 1 contract

Sources: Concession Agreement