Obligations relating to Competing Roads Sample Clauses

Obligations relating to Competing Roads. The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety percent) of its designed capacity specified in Clause
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Obligations relating to Competing Roads. The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, commission or operate or cause to be commissioned or operated any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety per cent) of its designed capacity specified in Clause 29.2.3. Upon breach of its obligations hereunder, the Authority shall be liable to payment of compensation to the Concessionaire under and in accordance with Clause 36.4, and such compensation shall be the sole remedy of the Concessionaire.
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Obligations relating to Competing Roads. MPRDC shall procure that during the subsistence of this Agreement, neither the Government nor any Government Instrumentality shall, at any time before the 10th (tenth)
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Obligations relating to Competing Roads. The MPRDC shall procure that during the subsistence of this Agreement, neither the MPRDC nor any Government Instrumentality shall, at any time before the 10th anniversary of the Appointed Date, construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety per cent) of its designed capacity i.e. 50000 PCU's. Upon breach of its obligations hereunder, the MPRDC shall be liable to payment of compensation to the Concessionaire under and in accordance with Clause 35.4.
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Obligations relating to Competing Roads. The Government shall procure that during the subsistence of this Agreement, neither the Government nor any Government Instrumentality shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety per cent) of its designed capacity as stipulated in the Specifications and Standards. Upon breach of its obligations hereunder, the Government shall be liable to payment of compensation to the Concessionaire under and in accordance with Clause 27, and such compensation shall be the sole remedy of the Concessionaire.
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Obligations relating to Competing Roads. The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any three consecutive years exceeds 90% (ninety per cent) of its designed capacity as stipulated in the Specifications and Standards. Upon breach of its obligations hereunder, the provisions of clause 12 and Section 17 of the The National Highways Fee (Determination of Rates and Collection) Rules, 2008 and any applicable amendments thereof shall apply. Obligations relating to refinancing Upon request made by the Concessionaire to this effect, the Authority shall, in conformity with any regulations or guidelines that may be notified by the Government or the Reserve Bank of India, as the case may be, permit and enable the Concessionaire to secure refinancing on such terms as may be agreed upon between the Concessionaire and the entity providing such refinancing; provided, however that the refinancing hereunder shall always be subject to the prior consent of the Authority, which consent shall not be unreasonably withheld. The Authority shall endeavour to convey its decision on such request of the concessionaire within 30 days of receipt of the proposal by the Authority. –––––––––––––––––––––––––– 5 In case of Annuity Concession/ New EPC and to be deleted in case of Item Rate 6 In case of Annuity Concession/ New EPC 7 In case of Annuity Concession/ New EPC 8 In case of Annuity Concession/ New EPC
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Obligations relating to Competing Roads oject The MOPIT shall procure that during the subsistence of this Agreement, neither the MOPIT nor any Government Instrumentality shall construct or cause to be constructed any Competing Road except for the Kathmandu - Kulekhani- Hetauda Fast Track (KKHFT) and Kathmandu-Terai or Hetauda Railway. In case of completion and coming into operation of the KKHFT or the Railway within the operation period of the Kathmandu-Terai/Madhes Expressway/Fast Track, the additional concession period required to compensate for the diverted traffic shall be considered by MOPIT.
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Obligations relating to Competing Roads. The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Road in any three consecutive years exceeds 90% (ninety per cent) of its designed capacity as stipulated in the Specifications and Standards. It is clarified that the proposed roads/structures under the current master plan 2031 as published by Hyderabad Metropolitan Development Authority and the widening of the Service Roads shall not be a Competing 6 In case of Annuity Concession/New EPC and to be deleted in case of Item Rate Road.
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Related to Obligations relating to Competing Roads

  • Obligations relating to Change in Ownership 5.3.1 The Concessionaire shall not undertake or permit any Change in Ownership, except with the prior approval of the Authority.

  • Obligations relating to Project Agreements 5.2.1 It is expressly agreed that the Concessionaire shall, at all times, be responsible and liable for all its obligations under this Agreement notwithstanding anything contained in the Project Agreements or any other agreement, and no default under any Project Agreement or agreement shall excuse the Concessionaire from its obligations or liability hereunder.

  • CAISO and Participating TO Obligations The CAISO and Participating TO shall cause the Participating TO’s Transmission System to be operated and controlled in a safe and reliable manner and in accordance with this LGIA. The Participating TO at the Interconnection Customer’s expense shall cause the Participating TO’s Interconnection Facilities to be operated, maintained and controlled in a safe and reliable manner and in accordance with this LGIA. The CAISO and Participating TO may provide operating instructions to the Interconnection Customer consistent with this LGIA and Participating TO and CAISO operating protocols and procedures as they may change from time to time. The Participating TO and CAISO will consider changes to their operating protocols and procedures proposed by the Interconnection Customer.

  • Participating TO Obligations The Participating TO shall maintain the Participating TO’s Transmission System and the Participating TO’s Interconnection Facilities in a safe and reliable manner and in accordance with this LGIA.

  • Agreements Relating to Sentencing 10. The government agrees to recommend that the Court impose a sentence of imprisonment within the applicable guidelines range and to make no further recommendation concerning what sentence of imprisonment should be imposed.

  • INDEMNIFICATION RELATING TO THIRD PARTY RIGHTS The Contractor will also indemnify and hold the Authorized Users harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs that may be finally assessed against the Authorized Users in any action for infringement of a United States Letter Patent, or of any copyright, trademark, trade secret or other third party proprietary right except to the extent such claims arise from the Authorized Users gross negligence or willful misconduct, provided that the State shall give Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor. If usage shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion to take action in the following order of precedence: (i) to procure for the Authorized User the right to continue Usage (ii) to modify the service or Product so that Usage becomes non-infringing, and is of at least equal quality and performance; or (iii) to replace said service or Product or part(s) thereof, as applicable, with non-infringing service or Product of at least equal quality and performance. If the above remedies are not available, the parties shall terminate the Contract, in whole or in part as necessary and applicable, provided the Authorized User is given a refund for any amounts paid for the period during which Usage was not feasible. The foregoing provisions as to protection from third party rights shall not apply to any infringement occasioned by modification by the Authorized User of any Product without Contractor’s approval. In the event that an action at law or in equity is commenced against the Authorized User arising out of a claim that the Authorized User's use of the service or Product under the Contract infringes any patent, copyright or proprietary right, and Contractor is of the opinion that the allegations in such action in whole or in part are not covered by the indemnification and defense provisions set forth in the Contract, Contractor shall immediately notify the Authorized User and the Office of the Attorney General in writing and shall specify to what extent Contractor believes it is obligated to defend and indemnify under the terms and conditions of the Contract. Contractor shall in such event protect the interests of the Authorized User and secure a continuance to permit the Authorized User to appear and defend its interests in cooperation with Contractor, as is appropriate, including any jurisdictional defenses the Authorized User may have. This constitutes the Authorized User’s sole and exclusive remedy for patent infringement, or for infringement of any other third party proprietary right.

  • Other Provisions Relating to the Grievance Procedure 1. No reprisal of any kind shall be taken by or against any participant in the grievance procedure by reason of such participation.

  • FEES AND EXPENSES RELATING TO SERVICES 15.1 In consideration of the provision of the Services, Transnet will pay to the Service Provider the Fees detailed in the relevant schedule or Work Order.

  • INDEMNIFICATION RELATING TO INTELLECTUAL PROPERTY Contractor shall indemnify and hold the Department and the State of Utah harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities, and costs in any action or claim brought against the Department or the State of Utah for infringement of a third party’s copyright, trademark, trade secret, or other proprietary right. The parties agree that if there are any limitations of Contractor’s liability, such limitations of liability will not apply to this section.

  • Our Liability for Failing to Make Transfers If we do not complete a transaction to or from the Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

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