(1) For the purposes of sections 17 and 18, the Corporation is in default under the franchise if- (Amended 11 of 2007 s. 12)
(a) any of the following occurs- (Amended 11 of 2007 s. 12)
(i) there has been a substantial failure by the Corporation to discharge an obligation under the operating agreement;
(ii) the Corporation has failed or there is a likelihood of its failing substantially to operate the railway in accordance with this Ordinance; or
(iii) there has been a substantial failure by the Corporation to discharge an obligation under the Service Concession Agreement which does not amount to a major breach of the Service Concession Agreement, (Added 11 of 2007 s. 12)
and the failure (or likely failure) results in or is likely to result in-
(A) a substantial breakdown of the service;
(B) the safety of persons travelling on the railway or being on the railway premises being endangered in a manner likely to result in serious injury to those persons; or
(C) serious injury to or the death of persons travelling on the railway or being on the railway premises; or
(b) a voluntary winding up of the Corporation is commenced or a winding up order in respect of the Corporation is made; or
(c) there has been a major breach by the Corporation of the Service Concession Agreement, (Added 11 of 2007 s. 12)
and the expression "default" shall be construed accordingly. (Amended 11 of 2007 s. 12)
(2) For the purposes of subsection (1), there has been a major breach by the Corporation of the Service Concession Agreement if the Corporation-
(a) makes any default in payment under the Service Concession Agreement;
(b) contravenes any restriction imposed under the Service Concession Agreement on the disposal of the Concession Property; or
(c) contravenes any prohibition imposed under the Service Concession Agreement on the creation of security over the Concession Property. (Added 11 of 2007 s. 12)