Concessioning Authority Clause Samples

Concessioning Authority. The Concessionaire undertakes and warrants to Concessioning Authority that the balance 50% (fifty percent) of bank guarantee furnished as above shall be unconditional and irrevocable and shall continue to be effective and enforceable for 6 (six) months after the expiry of the Concession Period and upon transfer of all Project Facility to the Concessioning Authority..

Concessioning Authority i. Without prejudice to and in addition to the indemnification provisions elsewhere in this Agreement, the Concessionaire agrees to indemnify and hold harmless the Concessioning Authority and its officers, employees, agents, trustees and consultants (each a ‚ Concessioning Authority Indemnified Party‛) promptly upon demand at any time and from time to time, from and against any and all losses, claims, demands, damages, liabilities, costs, penalties, litigation, proceedings (including reasonable attorneysʹ fees and disbursements) and expenses of any nature whatsoever (collectively, ‚Losses‛) to which the Concessioning Authority Indemnified Party may become subject, insofar as such Losses arise out of, in any way relate to, or result from (i) any mis‐statement or any breach of any representation or warranty made by Concessionaire or (ii) the failure by Concessionaire to fulfill any agreement, covenant or condition contained in this Agreement, including without limitation the breach of any terms and conditions of this Agreement by any employee or agent of the Concessionaire claiming through or under the Concessioning Authority or (iii) any claim or proceeding by any Third Party against the Concessionaire arising out of any act, deed or thing done or omitted to be done by the Concessionaire or (iv) as a result of failure on the part of the Concession Agreement to perform any of its obligations under this Agreement or on the Concessionaire committing breach of any of the terms and conditions of this Agreement or (v) on the failure of the Concessionaire to perform any of its statutory duties and/or obligations or as a consequence of any notice, action, suit or proceedings, given, initiated, filed or commenced by any user of the Project or the Concessionaire’s Contactors or employees or any Third Party or Government Authority or (vi) as a result of any failure or negligence or default of the Concessionaire or its Contractor(s), sub‐contractor(s), or employees, servants, agents of such Contractor(s) and/or sub‐contractor(s) and/or invitees as the case may be, in connection with or arising out of this Agreement and/or arising out of or, in connection with the Concessionaire’s use and occupation of Project Site and/or construction, operation and maintenance of the Project. ii. For the avoidance of doubt, indemnification of Losses pursuant to this Article 8.5 shall be made in an amount or amounts sufficient to restore each Concessionaire Indemnified Party to the fina...

Concessioning Authority may at its sole discretion inspect the Project Facility at any time for its own assessment of the compliance by the Concessionaire with its operations and maintenance obligations under this Agreement. The Concessionaire shall extend all reasonable assistance to the Concessioning Authority representatives during such inspection visits.