Common use of Selection to be binding Clause in Contracts

Selection to be binding. 3.4.1 The decision of the Lenders’ Representative and the *****in selection of the NSL shall be final and binding on the Developer and shall be deemed to have been made with the concurrence of the Developer. The Developer irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Lenders or the ****taken pursuant to this Agreement including the transfer, assignment and/or novation of the Grant (and the Concession Agreement) in favour of the NSL. It is hereby acknowledged by the Parties that the rights of the Lenders’ Representative are irrevocable and the Developer shall have no right or remedy to prevent, obstruct or restrain the ***** or the Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Grant as requested by the Lenders’ Representative. 3.4.2 All actions of the Lenders’ Representative hereunder shall be deemed to be by and on behalf of, and expressly authorized by, the Lenders, and be binding upon them.

Selection to be binding. 3.4.1 The decision of the Lenders’ Representative and the *****Mandi Board in selection of the NSL shall be final and binding on the Developer and shall be deemed to have been made with the concurrence of the Developer. The Developer irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Lenders or the ****Mandi Board taken pursuant to this Agreement including the transfer, assignment and/or novation of the Grant (and the Concession Agreement) in favour of the NSL. It is hereby acknowledged by the Parties that the rights of the Lenders’ Representative are irrevocable and the Developer shall have no right or remedy to prevent, obstruct or restrain the ***** Mandi Board or the Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Grant as requested by the Lenders’ Representative. 3.4.2 All actions of the Lenders’ Representative hereunder shall be deemed to be by and on behalf of, and expressly authorized by, the Lenders, and be binding upon them.

Selection to be binding. 3.4.1 3.5.1 The decision of Authority in selection of the Nominated Company or the approval of the Nominated Company selected by the Lenders’ Representative and the *****in selection of the NSL shall be final and binding on the Developer and shall be deemed to have been made with the concurrence of the Developer. The Developer irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Lenders or the ****Authority taken pursuant to this the Substitution Agreement including the transfer, /assignment and/or novation of the Grant (and the Concession Agreement) in favour of the NSLNominated Company. It is hereby acknowledged by the Parties that the rights of Authority and the Lenders’ Representative are irrevocable and the Developer shall have no right or remedy to prevent, obstruct or restrain the ***** Authority or the Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Grant as requested by the Lenders’ RepresentativeRepresentative or as undertaken by Authority. No consultation, concurrence or approval with or of the Developer will be required for such substitution. 3.4.2 3.5.2 All actions of the Lenders’ Representative and/or Authority hereunder shall be deemed to be by and on behalf of, and expressly authorized by, the Lenders, and be binding upon them.