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Part 3 · Transfer of Properties, Rights, Liabilities and Employees to Successor Company

34. No breach or default because of corporatisation of airport undertaking

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(1)

The operation of this Part is not to be regarded —

(a)

as a breach of contract or confidence or otherwise as a civil wrong;

(b)

as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities; or

(c)

as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability.

(2)

The operation of section 27 is not to be regarded as an event of default under any contract or other legal instrument.

(3)

Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Authority is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, assets, interests, rights, privileges, liabilities or obligations comprised in the airport undertaking transferred under this Part is deemed by this Act to have been waived.

(4)

Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Authority is a party or may be bound conferring on the other party or parties thereto any right of first refusal or pre-emption rights in respect of any property, asset, interest, right, privilege, liability or obligation comprised in the airport undertaking to be transferred by reason of or arising from, or to the effect that a default is to occur or be deemed to occur as a result of, the transfer or intended transfer of the property, asset, interest, right, privilege, liability or obligation under this Part is deemed by this Act to have been waived.

(5)

No attornment to the successor company by a lessee from the Authority is required.

Report

Part 4

Licensing and Management of Airports

Part 5

Control of Ownership and Management, Etc., of Airport Licensees and Designated Entities

Part 6

Airport Operations

Part 6A

Airport Capacity Management

Part 7

Special Administration Orders and Schemes of Transfers, Etc., for Airport Licensees, Designated Business Trusts and Designated Operating Entities

Part 8

Monitoring and Enforcement Powers

Part 9

Levies, Fees and Charges

Part 10

Miscellaneous

Schedules