Obligations relating to Sub Contracting and Project Agreements Clause Samples

Obligations relating to Sub Contracting and Project Agreements i. The Concessionaire shall have the right to appoint Contractors for entering into agreements for any EPC Contract and/or, O & M Contract, and to enter in to sub licensing, franchising arrangements for construction and marketing of the Project, Project Facilities or any other activity relating to the Project or matters incidental thereto. Notwithstanding any such sub‐contract, the Concessionaire shall retain the overall responsibility, obligation and liability in relation to the Project. It is clarified that Lessee shall remain liable and responsible for any acts, omissions or defaults of any Contractor/licensees for construction or for use of Project Facilities and shall indemnify the Concessioning Authority in respect thereof. ii. 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. iii. The Concessionaire shall submit to the Concessioning Authority the drafts of all Project Agreements or any amendments or replacements thereto for its review and comments, and the Concessioning Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, to the Concessionaire within 15 (fifteen) days of the receipt of such drafts. Within 7 (seven) days of execution of any Project Agreement or amendment thereto, the Concessionaire shall submit to the Concessioning Authority a true copy thereof, duly attested by a Director of the Concessionaire, for its record. For the avoidance of doubt, it is agreed that the review and comments hereunder shall be limited to ensuring compliance with the terms of this Agreement. It is further agreed that no review and/or observation of the Concessioning Authority and/or its failure to review and/or convey its observations on any document shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Concessioning Authority be liable for the same in any manner whatsoever. iv. The Concessionaire shall not make any replacement or amendments to any of the Financing Agreements without the prior written consent of the Concessioning Authority if such replacement or amendment has, or may have, the effect of imposing or increasing any financial l...