OVERRIDING POWERS OF THE Sample Clauses

OVERRIDING POWERS OF THE. ULB a) If in the reasonable opinion of the ULB, the Concessionaire/Agency is in material breach of its obligations under this Concession Agreement and, in particular, the Key Performance Indicators, and such breach is causing or likely to cause the disruption in the Works not being available, the ULB may, without prejudice to any of its rights under this Concession Agreement including termination thereof, by notice require the Concessionaire/Agency to take reasonable measures immediately for rectifying the defect(s) with respect to the Works and/or remedy the breach of the obligation, as the case may be. b) In the event that the Concessionaire/Agency, upon notice under GC Clause 3.6.1, fails to rectify or remove the defect in the Works within a Cure Period specified by the ULB, the ULB may exercise overriding powers and take over the performance of any or all the obligations of the Concessionaire/Agency to the extent deemed necessary by it for rectifying or removing such defect; provided that the exercise of such overriding powers by the ULB shall be of no greater scope and of no longer duration than is reasonably required hereunder; provided further that any costs and expenses incurred by the ULB in discharge of its obligations shall be entitled to recover from the Concessionaire/Agency or set off from the Processing Fee payable and/ or the Performance Security of the Concessionaire/Agency. c) In the event of a national emergency, civil commotion or any other act specified in GC Clause 2.5, the ULB may take over the performance of any or all the obligations of the Concessionaire/Agency to the extent deemed necessary by it or as directed by the ULB, and give such directions to the Concessionaire/Agency as may be deemed necessary; provided that the exercise of such overriding powers by the ULB shall be of no greater scope and of no longer duration than is reasonably required in the circumstances which caused the exercise of such overriding power by the ULB. For the avoidance of doubt, the consequences of such action shall be dealt with in accordance with the provisions of GC Clause 2.5 (Force Majeure).
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Related to OVERRIDING POWERS OF THE

  • Overriding powers of the Authority 17.10.1 If in the reasonable opinion of the Authority, the Concessionaire is in material breach of its obligations under this Agreement and, in particular, the Maintenance Requirements, and such breach is causing or likely to cause material hardship or danger to the Users, the Authority may, without prejudice to any of its rights under this Agreement including Termination thereof, by notice require the Concessionaire to take reasonable measures immediately for rectifying or removing such hardship or danger, as the case may be.

  • POWERS OF MEMBERS The Members shall have the power to exercise any and all rights or powers granted to the Members pursuant to the express terms of this Agreement. Except as expressly provided herein, the Members shall have no power to bind the Company and no authority to act on behalf of the Company.

  • Powers of the Board The Board shall have the power to do any and all acts necessary, convenient or incidental to or for the furtherance of the purposes described herein, including all powers, statutory or otherwise. Subject to the other provisions of this Agreement, the Board shall have the authority, on behalf of the Company, to do all things necessary or appropriate for the accomplishment of the purposes of the Company. Subject to the other provisions of this Agreement, the Board shall have full power to act for and to bind the Company to the extent provided by Delaware law.

  • Members of the Union executive shall be able to act as a Union Xxxxxxx in the absence of the employee’s area Xxxxxxx.

  • POWERS OF MANAGERS Pursuant to Section 00-00-000 of the Act, the Managers are authorized:

  • Preferences Lender shall have the continuing and exclusive right to apply or reverse and reapply any and all payments by Borrower to any portion of the obligations of Borrower hereunder. To the extent Borrower makes a payment or payments to Lender, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender.

  • Interest of Members of Congress No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom.

  • Transfers of Notes In the event that the holder of any Note (including any Lender) shall transfer such Note, it shall immediately advise Administrative Agent and Company of such transfer, and Administrative Agent and Company shall be entitled conclusively to assume that no transfer of any Note has been made by any holder (including any Lender) unless and until Administrative Agent and Company shall have received written notice to the contrary. Except as otherwise provided in this Agreement or as otherwise expressly agreed in writing by all of the other parties hereto, no Lender shall, by reason of the transfer of a Note or otherwise, be relieved of any of its obligations hereunder and any such transfer shall be in accordance with the terms hereof and the other Loan Documents. Each transferee of any Note shall take such Note subject to the provisions of this Agreement and to any request made, waiver or consent given or other action taken hereunder, prior to the receipt by Administrative Agent and Company of written notice of such transfer, by each previous holder of such Note, and, except as expressly otherwise provided in such transfer, Administrative Agent and Company shall be entitled conclusively to assume that the transferee named in such notice shall hereafter be vested with all rights and powers under this Agreement with respect to the Pro Rata Share of the Loans of the Lender named as the payee of the Note which is the subject of such transfer.

  • RECIPROCAL PREFERENCE In the event the lowest responsive and responsible bid submitted in response to any Invitation for Bids is by a bidder whose principal place of business is in a county other than Orange County, and such county grants a bid preference for purchases to a bidder whose principal place of business is in such county, then Orange County may award a preference to the (next) lowest responsive and responsible bidder having a principal place of business within Orange County, Florida. Such preference will be equal to the preference granted by the county in which the lowest responsive and responsible bidder has its principal place of business except as provided below. Effective July 1, 2015 the reciprocal local preference will not apply to construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation. If the solicitation involves a federally funded project where the funding source requirements prohibit the use of state and/or local preferences, the reciprocal local preference will not be applied.

  • Express Powers of Trustee Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:

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