24.1 If the Realisable Fees in any Accounting Year during the Concession Period shall fall below the Subsistence Revenue Level as a result of an Indirect Political Event, or a Political Event as set forth in Article XXIX, NHAI agrees to provide to the Concessionaire such shortfall support, by way of a loan ("Revenue Shortfall Loan") with interest thereon @ SBI PLR per annum. Provided, however, that any reserves of the Concessionaire and any sums received or likely to be received by the Concessionaire through insurance claims (except insurance payments for physical loss used to carry out requisite repairs) or payments by NHAI under Article XXIX shall first be deducted and only the balance remaining shall be disbursed as the Revenue Shortfall Loan.
24.2 For the purposes of claiming disbursements on account of Revenue Shortfall loan pursuant to Clause 24.1 above in any Accounting Year, the Concessionaire shall:
(a) Submit a detailed account of the Indirect Political Event or the Political Event, as the case may be, and its impact on total revenues of the Concessionaire as soon as feasible and submit weekly reports thereafter;
(b) Provide to NHAI, the Schedule of Debt Service Payments under the Financing Documents for the Accounting year for which Revenue Shortfall Loan are claimed;
(c) Provide to NHAI the details of O&M Expense budget for such Accounting Year and the expenditure incurred in that year out of such budget;
(d) Within 15 (fifteen) days of the close of each Accounting Year in which the shortfall in the referred to in Clause 24.1 shall occur, provide a certificate from the Statutory Auditors of the Concessionaire certifying the Subsistence Revenue Level, the Realisable Fees and the Revenue Shortfall Loan requirement after deducting reserves of the Concessionaire, if any; and
(e) Submit a written request to NHAI under the hands of a Director of the Concessionaire requesting for disbursement of the Revenue Shortfall Loan to the Concessionaire by payment thereof into the Escrow Account.
24.3 Upon the receipt of the request and documents as set forth in Clause 24.2 above and provided the same is not found by NHAI to be wrong or incorrect, NHAI shall disburse the Revenue Shortfall Loan within 30 days (thirty) thereof.
24.4 In the event Realisable Fees during the first six months of an Accounting Year shall fall as a result of an Indirect Political Event or a Political Event and the amount of such Realisable Fees is less than the Debt Service Payments due for the first six months of such Accounting Year, NHAI shall upon request provide an advance to the Concessionaire for meeting the shortfall in such Debt Service Payments. For claiming such advance, the Concessionaire shall make a demand to NHAI accompanied by a certificate from the Statutory Auditors setting forth the Realisable Fees during the first six months of the Accounting Year, the reserves of the Concessionaire and the outstanding amount on account of Debt Service Payments due in the first six months of such year. The Statutory Auditors shall also certify the amount of advance required by the Concessionaire from NHAI for meeting such Debt Service Payments after deducting such Realisable Fees and the reserves of the Concessionaire. Within 15 (fifteen) days of receiving such demand, NHAI shall disburse the advance due to the Concessionaire at an interest rate equal to SBI PLR. Not later than 15 (fifteen) days after completion of such Accounting Year, the Concessionaire shall either refund such advance with interest to NHAI or adjust it against such Revenue Shortfall Loan as may be due to the Concessionaire under this Article.
24.5 The Revenue Shortfall Loan disbursed by NHAI pursuant hereto and the interest thereon shall be repaid by the Concessionaire in a sum equal to 50% (fifty per cent) of the Net Cash flow of the Concessionaire as and when made and such repayments shall be made in one or more years as necessary.
24.6 Notwithstanding anything to the contrary contained in Clause 24.5, the Concessionaire shall repay the entire Revenue Shortfall Loan and interest thereon at least two years before the expiry of the Concession Period. If any sum remains due or outstanding from the Concessionaire under this Article XXIV at any time during a period of two years preceding the Termination Date, it shall constitute a Concessionaire Event of Default under Article XXXII and NHAI shall be entitled to Terminate this Agreement under Clause 32.2.