Common use of Obligations relating to Competing Roads Clause in Contracts

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.

Obligations relating to Competing Roads. The Authority MPRDC shall procure that during the subsistence of this Agreement, neither the Authority MPRDC nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, commission or operate construct or cause to be commissioned or operated 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 specified in Clause 29.2.3. Upon breach of its obligations hereunder, the Authority MPRDC shall be liable to payment of compensation to the Concessionaire under and in accordance with Clause 36.435.4, and such compensation shall be the sole remedy of the Concessionaire.

Obligations relating to Competing Roads. The Authority Government shall procure that during the subsistence of this Agreement, neither the Authority Government nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, commission or operate construct or cause to be commissioned or operated 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 specified in Clause 29.2.3. Upon breach of its obligations hereunder, the Authority Government shall be liable to payment of compensation to the Concessionaire under and in accordance with Clause 36.435.4, and such compensation shall be the sole remedy of the Concessionaire.