ESEP Project definition
Examples of ESEP Project in a sentence
Clepco represents to the State that it has irrevocably appointed the Company as its attorney and agent to exercise certain of its rights and perform its obligations under the ESEP Project Documents.
The parties agree and acknowledge that the provisions of clause 9.16 of the Concession Deed that establish and maintain the Operational Committee, and include setting out the Operational Committee's conduct and functions, apply to Clepco, the Exhibition Street Extension, the ESEP Project and the ESEP Project Documents.
The liability of the State to provide an indemnity under the EIS provisions of each Relevant Deed shall not apply if a breach by the Other Concessionaire of the City Link Project Documents or ESEP Project Documents (as applicable) is the subject of or is included within the scope of the relevant EIS.
For the avoidance of doubt, the reference in clause 2.4(a)(i)(D)(1) of each Relevant Deed to Project or ESEP Project (as the case may be) includes a reference to the other project or both.
Under each Relevant Deed, the State shall not be entitled to terminate that Deed if the Event of Default or Project Default upon which the State's entitlement to terminate is based arose as a direct and sole result of a breach by the State of a City Link Project Document or an ESEP Project Document.
In addition, the precondition to exercise of that right of termination which requires that the amount involved exceed 20% of the present value of certain future revenue is to be assessed in relation to aggregate future revenue from both the ESEP Project and the City Link Project.
The coming into operation of this Agreement, the Fourth Amending Deed, the ESEP Deed, the ESEP Project Legislation and the PSA does not constitute an Appendix Event pursuant to item 4 of the Appendix to either Relevant Deed.
Each of the State and Clepco agrees that this Agreement constitutes an ESEP Project Document.
Nevertheless, it is intended that, if the context permits or requires, any other clause of the ESEP Project Documents or the City Link Project Documents be construed, and given effect to, having regard to the construction of the clauses primarily affected by that provision and in accordance with, and subject to, Part C of this Agreement.
The Company and the Trustee on the one hand, and Clepco on the other hand, each accept that the State is not liable for any act or omission by or on behalf of the Other Concessionaire, or in (or partly in) performance of an obligation or exercise of a right of the Other Concessionaire under the ESEP Project Documents (if the Other Concessionaire is Clepco) or the City Link Project Documents (if otherwise).