Common use of Rights of Termination Clause in Contracts

Rights of Termination. If: no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within [ ] Business Days after termination of the Design & Build Development Agreement by the Authority; or a Step-in Undertaking is not issued on the Proposed Step-in Date; or the Step-in Notice is withdrawn or, pursuant to Clause 3.2.6, deemed to have been withdrawn; or the Step-in Period ends before the occurrence of the Novation Effective Date; or in the absence of a Step-in Undertaking, the Construction Contractor withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with Clause 4.3 (Grant of Consent), and does not subsequently grant consent to a novation in accordance with Clause 4.4 (Consent Withheld) on or before the Proposed Novation Date; or in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in Clause 4.5 (Implementation of Novation) are not performed on the Proposed Novation Date; or the Construction Contractor is entitled to terminate the Construction Contract under Clause 3.3 (Restriction of Right of Termination) or 4.6 (Termination After Novation); or the Authority exercises its right to Step-out under Clause 3.4.1, the Construction Contractor shall, on and from the Step-Out Date be entitled to: exercise all of its rights under the Construction Contract and act upon any and all grounds for termination available to it in relation to the Construction Contract whenever occurring; and/or pursue any and all claims and exercise any and all rights and remedies against xxxxx.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

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Rights of Termination. If: no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within [ ] Business Days after termination of the Design & Build Development Finance and Maintain Agreement by the Authority; or a Step-in Undertaking is not issued on the Proposed Step-in Date; or the Step-in Notice is withdrawn or, pursuant to Clause 3.2.6138.2.7, deemed to have been withdrawn; or the Step-in Period ends before the occurrence of the Novation Effective Date; or in the absence of a Step-in Undertaking, the Construction Contractor withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with Clause 4.3 139.3 (Grant of Consent), and does not subsequently grant consent to a novation in accordance with Clause 4.4 139.4 (Consent Withheld) on or before the Proposed Novation Date; or in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in Clause 4.5 139.5 (Implementation of Novation) are not performed on the Proposed Novation Date; or the Construction Contractor is entitled to terminate the Construction Contract under Clause 3.3 138.3 (Restriction of Right of Termination) or 4.6 139.6 (Termination After after Novation); or the Authority exercises its right to Step-out under Clause 3.4.1138.4.1, the Construction Contractor shall, on and from the Step-Out Date out Date, be entitled to: exercise all of its rights under the Construction Contract and act upon any and all grounds for termination available to it in relation to the Construction Contract whenever occurring; and/or pursue any and all claims and exercise any and all rights and remedies against xxxxxProject Co. Project Co's Obligations to Continue Until completion of a novation pursuant to Clause 139.5 (Implementation of Novation) (unless the terms of such novation expressly preserve an obligation or liability of Project Co), Project Co shall continue to be liable for all its obligations and liabilities, whenever occurring, under or arising from the Construction Contract notwithstanding: the service of a Step-in Notice or the issue of a Step-in Undertaking or the expiry of the Step-in Period or the release of a Step-in Undertaking; or the service of a Proposed Novation Notice; or any other provision of this Agreement.

Appears in 1 contract

Samples: Form Project Agreement

Rights of Termination. If: no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within [ ] l ] Business Days after termination of the Design & Build Development Finance and Maintain Agreement by the Authority; or a Step-in Undertaking is not issued on the Proposed Step-in Date; or the Step-in Notice is withdrawn or, pursuant to Clause 3.2.63.2.7, deemed to have been withdrawn; or the Step-in Period ends before the occurrence of the Novation Effective Date; or in the absence of a Step-in Undertaking, the Construction Contractor withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with Clause 4.3 (Grant of Consent), and does not subsequently grant consent to a novation in accordance with Clause 4.4 (Consent Withheld) on or before the Proposed Novation Date; or in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in Clause 4.5 (Implementation of Novation) are not performed on the Proposed Novation Date; or the Construction Contractor is entitled to terminate the Construction Contract under Clause 3.3 (Restriction of Right of Termination) or 4.6 (Termination After after Novation); or the Authority exercises its right to Step-out under Clause 3.4.1, the Construction Contractor shall, on and from the Step-Out Date out Date, be entitled to: exercise all of its rights under the Construction Contract and act upon any and all grounds for termination available to it in relation to the Construction Contract whenever occurring; and/or pursue any and all claims and exercise any and all rights and remedies against xxxxxDBFM Co. DBFM Co's Obligations to Continue Until completion of a novation pursuant to Clause 4.5 (Implementation of Novation) (unless the terms of such novation expressly preserve an obligation or liability of DBFM Co), DBFM Co shall continue to be liable for all its obligations and liabilities, whenever occurring, under or arising from the Construction Contract notwithstanding: the service of a Step-in Notice or the issue of a Step-in Undertaking or the expiry of the Step-in Period or the release of a Step-in Undertaking; or the service of a Proposed Novation Notice; or any other provision of this Agreement.

Appears in 1 contract

Samples: Project Agreement

Rights of Termination. If: no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within [ [fifteen (15)] Business Days after termination of the Design & Build Development Finance and Maintain Agreement by the Authority; or a Step-in Undertaking is not issued on the Proposed Step-in Date; or the Step-in Notice is withdrawn or, pursuant to Clause 3.2.63.2.7, deemed to have been withdrawn; or the Step-in Period ends before the occurrence of the Novation Effective Date; or in the absence of a Step-in Undertaking, the Construction Contractor Service Provider withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with Clause 4.3 (Grant of Consent), and does not subsequently grant consent to a novation in accordance with Clause 4.4 (Consent Withheld) on or before the Proposed Novation Date; or in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in Clause 4.5 (Implementation of Novation) are not performed on the Proposed Novation Date; or the Construction Contractor Service Provider is entitled to terminate the Construction Service Contract under Clause 3.3 (Restriction of Right of Termination) or 4.6 (Termination After after Novation); or the Authority exercises its right to Step-out under Clause 3.4.1, the Construction Contractor Service Provider shall, on and from the Step-Out Date out Date, be entitled to: exercise all of its rights under the Construction Service Contract and act upon any and all grounds for termination available to it in relation to the Construction Service Contract whenever occurring; and/or pursue any and all claims and exercise any and all rights and remedies against xxxxxSub-hubco. Sub-hubco's Obligations to Continue Until completion of a novation pursuant to Clause 4.5 (Implementation of Novation) (unless the terms of such novation expressly preserve an obligation or liability of Sub-hubco), Sub-hubco shall continue to be liable for all its obligations and liabilities, whenever occurring, under or arising from the Service Contract notwithstanding: the service of a Step-in Notice or the issue of a Step-in Undertaking or the expiry of the Step-in Period or the release of a Step-in Undertaking; or the service of a Proposed Novation Notice; or any other provision of this Agreement.

Appears in 1 contract

Samples: Project Agreement

Rights of Termination. If: no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within [ ] Business Days after termination of the Design & Build Only Development Agreement by the Authority; or a Step-in Undertaking is not issued on the Proposed Step-in Date; or the Step-in Notice is withdrawn or, pursuant to Clause 3.2.6, deemed to have been withdrawn; or the Step-in Period ends before the occurrence of the Novation Effective Date; or in the absence of a Step-in Undertaking, the Construction Contractor withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with Clause 4.3 (Grant of Consent), and does not subsequently grant consent to a novation in accordance with Clause 4.4 (Consent Withheld) on or before the Proposed Novation Date; or in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in Clause 4.5 (Implementation of Novation) are not performed on the Proposed Novation Date; or the Construction Contractor is entitled to terminate the Construction Contract under Clause 3.3 (Restriction of Right of Termination) or 4.6 (Termination After Novation); or the Authority exercises its right to Step-out under Clause 3.4.1, the Construction Contractor shall, on and from the Step-Out Date be entitled to: exercise all of its rights under the Construction Contract and act upon any and all grounds for termination available to it in relation to the Construction Contract whenever occurring; and/or pursue any and all claims and exercise any and all rights and remedies against xxxxx.

Appears in 1 contract

Samples: Safety During Construction

Rights of Termination. If: no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within [ ] Business Days after termination of the Design & Build Development Agreement by the Authority; or a Step-in Undertaking is not issued on the Proposed Step-in Date; or the Step-in Notice is withdrawn or, pursuant to Clause 3.2.6, deemed to have been withdrawn; or the Step-in Period ends before the occurrence of the Novation Effective Date; or in the absence of a Step-in Undertaking, the Construction Contractor withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with Clause 4.3 (Grant of Consent), and does not subsequently grant consent to a novation in accordance with Clause 4.4 (Consent Withheld) on or before the Proposed Novation Date; or in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in Clause 4.5 (Implementation of Novation) are not performed on the Proposed Novation Date; or the Construction Contractor is entitled to terminate the Construction Contract under Clause 3.3 (Restriction of Right of Termination) or 4.6 (Termination After Novation); or the Authority exercises its right to Step-out under Clause 3.4.1, the Construction Contractor shall, on and from the Step-Out Date be entitled to: exercise all of its rights under the Construction Contract and act upon any and all grounds for termination available to it in relation to the Construction Contract whenever occurring; and/or pursue any and all claims and exercise any and all rights and remedies against xxxxxhubco.

Appears in 1 contract

Samples: Project Agreement

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Rights of Termination. If: no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within [ [fifteen (15)] Business Days after termination of the Design & Build Development Finance and Maintain Agreement by the Authority; or a Step-in Undertaking is not issued on the Proposed Step-in Date; or the Step-in Notice is withdrawn or, pursuant to Clause 3.2.6138.2.7, deemed to have been withdrawn; or the Step-in Period ends before the occurrence of the Novation Effective Date; or in the absence of a Step-in Undertaking, the Construction Contractor Service Provider withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with Clause 4.3 159.3 (Grant of Consent), and does not subsequently grant consent to a novation in accordance with Clause 4.4 159.4 (Consent Withheld) on or before the Proposed Novation Date; or in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in Clause 4.5 159.5 (Implementation of Novation) are not performed on the Proposed Novation Date; or the Construction Contractor Service Provider is entitled to terminate the Construction Service Contract under Clause 3.3 158.3 (Restriction of Right of Termination) or 4.6 139.6 (Termination After after Novation); or the Authority exercises its right to Step-out under Clause 3.4.1158.4.1, the Construction Contractor Service Provider shall, on and from the Step-Out Date out Date, be entitled to: exercise all of its rights under the Construction Service Contract and act upon any and all grounds for termination available to it in relation to the Construction Service Contract whenever occurring; and/or pursue any and all claims and exercise any and all rights and remedies against xxxxxProject Co. Project Co's Obligations to Continue Until completion of a novation pursuant to Clause 159.5 (Implementation of Novation) (unless the terms of such novation expressly preserve an obligation or liability of Project Co), Project Co shall continue to be liable for all its obligations and liabilities, whenever occurring, under or arising from the Service Contract notwithstanding: the service of a Step-in Notice or the issue of a Step-in Undertaking or the expiry of the Step-in Period or the release of a Step-in Undertaking; or the service of a Proposed Novation Notice; or any other provision of this Agreement.

Appears in 1 contract

Samples: Form Project Agreement

Rights of Termination. If: no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within [ ] Business Days after termination of the Design & Build Development Finance and Maintain Agreement by the Authority; or a Step-in Undertaking is not issued on the Proposed Step-in Date; or the Step-in Notice is withdrawn or, pursuant to Clause 3.2.63.2.7, deemed to have been withdrawn; or the Step-in Period ends before the occurrence of the Novation Effective Date; or in the absence of a Step-in Undertaking, the Construction Contractor withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with Clause 4.3 (Grant of Consent), and does not subsequently grant consent to a novation in accordance with Clause 4.4 (Consent Withheld) on or before the Proposed Novation Date; or in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in Clause 4.5 (Implementation of Novation) are not performed on the Proposed Novation Date; or the Construction Contractor is entitled to terminate the Construction Contract under Clause 3.3 (Restriction of Right of Termination) or 4.6 (Termination After after Novation); or the Authority exercises its right to Step-out under Clause 3.4.1, the Construction Contractor shall, on and from the Step-Out Date out Date, be entitled to: exercise all of its rights under the Construction Contract and act upon any and all grounds for termination available to it in relation to the Construction Contract whenever occurring; and/or pursue any and all claims and exercise any and all rights and remedies against xxxxxSub-hubco. Sub-hubco's Obligations to Continue Until completion of a novation pursuant to Clause 4.5 (Implementation of Novation) (unless the terms of such novation expressly preserve an obligation or liability of Sub-hubco), Sub-hubco shall continue to be liable for all its obligations and liabilities, whenever occurring, under or arising from the Construction Contract notwithstanding: the service of a Step-in Notice or the issue of a Step-in Undertaking or the expiry of the Step-in Period or the release of a Step-in Undertaking; or the service of a Proposed Novation Notice; or any other provision of this Agreement.

Appears in 1 contract

Samples: Project Agreement

Rights of Termination. If: no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within [ [fifteen (15)] Business Days after termination of the Design & Build Development Finance and Maintain Agreement by the Authority; or a Step-in Undertaking is not issued on the Proposed Step-in Date; or the Step-in Notice is withdrawn or, pursuant to Clause 3.2.63.2.7, deemed to have been withdrawn; or the Step-in Period ends before the occurrence of the Novation Effective Date; or in the absence of a Step-in Undertaking, the Construction Contractor Service Provider withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with Clause 4.3 (Grant of Consent), and does not subsequently grant consent to a novation in accordance with Clause 4.4 (Consent Withheld) on or before the Proposed Novation Date; or in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in Clause 4.5 (Implementation of Novation) are not performed on the Proposed Novation Date; or the Construction Contractor Service Provider is entitled to terminate the Construction Service Contract under Clause 3.3 (Restriction of Right of Termination) or 4.6 (Termination After after Novation); or the Authority exercises its right to Step-out under Clause 3.4.1, the Construction Contractor Service Provider shall, on and from the Step-Out Date out Date, be entitled to: exercise all of its rights under the Construction Service Contract and act upon any and all grounds for termination available to it in relation to the Construction Service Contract whenever occurring; and/or pursue any and all claims and exercise any and all rights and remedies against xxxxxDBFM Co. DBFM Co's Obligations to Continue Until completion of a novation pursuant to Clause 4.5 (Implementation of Novation) (unless the terms of such novation expressly preserve an obligation or liability of DBFM Co), DBFM Co shall continue to be liable for all its obligations and liabilities, whenever occurring, under or arising from the Service Contract notwithstanding: the service of a Step-in Notice or the issue of a Step-in Undertaking or the expiry of the Step-in Period or the release of a Step-in Undertaking; or the service of a Proposed Novation Notice; or any other provision of this Agreement.

Appears in 1 contract

Samples: Project Agreement

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