Common use of Appropriation of Performance Security Clause in Contracts

Appropriation of Performance Security. Upon occurrence of a Supplier Default or failure to meet any Condition Precedent, the Utility shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate from the Performance Security the amounts due to it for and in respect of such Supplier Default or for failure to meet any Condition Precedent. Upon such encashment and appropriation from the Performance Security, the Supplier shall, within 15 (fifteen) days thereof, replenish, in case of partial appropriation, to the original level of the Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, failing which the Utility shall be entitled to terminate this Agreement in accordance with Article 19. Upon such replenishment or furnishing of a fresh Performance Security, as the case may be, the Supplier shall be entitled to an additional Cure Period of 120 (one hundred and twenty) days for remedying the Supplier Default or to meet any Condition Precedent, and in the event of the Supplier not curing its default or meeting such Condition Precedent within such Cure Period, the Utility shall be entitled to encash and appropriate the Performance Security as Damages, and to terminate this Agreement in accordance with Article 19. £To be calculated @ Rs. 10,00,000 (Rs. ten lakh) per MW of Contracted Capacity.

Appropriation of Performance Security. Upon occurrence of a Supplier Default or failure to meet any Condition Precedent, the Utility shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate from the Performance Security the amounts due to it for and in respect of such Supplier Default or for failure to meet any Condition Precedent. Upon such encashment and appropriation from the Performance Security, the Supplier shall, within 15 (fifteen) days thereof, replenish, in case of partial appropriation, to the original level of the Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, failing which the Utility shall be entitled to terminate this Agreement in accordance with Article 19. Upon such replenishment or furnishing of a fresh Performance Security, as the case may be, the Supplier shall be entitled to an additional Cure Period of 120 (one hundred and twenty) days for remedying the Supplier Default or to meet any Condition Precedent, and in the event of the Supplier not curing its default or meeting such Condition Precedent within such Cure Period, the Utility shall be entitled to encash and appropriate the Performance Security as Damages, and to terminate this Agreement in accordance with Article 19. £To be calculated @ Rs. 10,00,000 (Rs. ten lakh) per MW of Contracted Capacity.

Appropriation of Performance Security. 8.2.1 Upon occurrence of a Supplier Default or failure to meet any Condition PrecedentConcessionaire Default, the Utility Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate from the Performance Security the amounts due to it as Damages for and in respect of such Supplier Default or for failure to meet any Condition Precedent. the Concessionaire Default. 8.2.2 Upon such encashment and appropriation from the Performance Security, the Supplier Concessionaire shall, within 15 30 (fifteenthirty) days thereof, replenish, in case of partial appropriation, to the its original level of the Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, and the Concessionaire shall, 12The Authority may, in its discretion, increase the Performance Security under Clause 8.1 from 5% (five per cent) to 7.5% (seven point five per cent) for complex projects. within the time so granted, replenish or furnish fresh Performance Security as aforesaid failing which the Utility Authority shall be entitled to terminate this the Agreement in accordance with Article 1924. Upon such replenishment or furnishing of a fresh Performance Security, as the case may be, the Supplier Concessionaire shall be entitled to an additional Cure Period of 120 30 (one hundred and twentythirty) days for remedying the Supplier Default or to meet any Condition PrecedentConcessionaire Default, and in the event of the Supplier Concessionaire not curing its default or meeting such Condition Precedent within such Cure Period, the Utility Authority shall be entitled to encash and appropriate the such Performance Security as Damages, and to terminate this Agreement in accordance with Article 19. £To be calculated @ Rs. 10,00,000 (Rs. ten lakh) per MW of Contracted Capacity24.

Appropriation of Performance Security. 8.2.1 Upon occurrence of a Supplier Default or failure to meet any Condition PrecedentConcessionaire Default, the Utility Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate from the Performance Security the amounts due to it as Damages for and in respect of such Supplier Default or for failure to meet any Condition Precedent. the Concessionaire Default. 8.2.2 Upon such encashment and appropriation from the Performance Security, the Supplier Concessionaire shall, within 15 30 (fifteenthirty) days thereof, replenish, in case of partial appropriation, to the its original level of the Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, and the Concessionaire shall, 12 The Authority may, in its discretion, increase the Performance Security under Clause 8.1 from 5% (five per cent) to 7.5% (seven point five per cent) for complex projects. within the time so granted, replenish or furnish fresh Performance Security as aforesaid failing which the Utility Authority shall be entitled to terminate this the Agreement in accordance with Article 1924. Upon such replenishment or furnishing of a fresh Performance Security, as the case may be, the Supplier Concessionaire shall be entitled to an additional Cure Period of 120 30 (one hundred and twentythirty) days for remedying the Supplier Default or to meet any Condition PrecedentConcessionaire Default, and in the event of the Supplier Concessionaire not curing its default or meeting such Condition Precedent within such Cure Period, the Utility Authority shall be entitled to encash and appropriate the such Performance Security as Damages, and to terminate this Agreement in accordance with Article 19. £To be calculated @ Rs. 10,00,000 (Rs. ten lakh) per MW of Contracted Capacity24.

Appropriation of Performance Security. Upon occurrence of a Supplier Default or failure to meet any Condition PrecedentConcessionaire Default, the Utility Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate the relevant amounts from the relevant Performance Security the amounts due to it as Damages for and in respect of such Supplier Default or for failure to meet any Condition PrecedentConcessionaire Default. Upon such encashment and appropriation from the relevant Performance Security, the Supplier Concessionaire shall, within 15 30 (fifteenthirty) days thereof, replenish, in case of partial appropriation, to the its original level of the such Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, and the Concessionaire shall, within the time so granted, replenish or furnish fresh Performance Security as aforesaid failing which the Utility Authority shall be entitled to terminate this Agreement in accordance with Article 1932. Upon such replenishment or furnishing of a fresh Performance Security, as the case may be, as aforesaid, the Supplier Concessionaire shall be entitled to an additional Cure Period of 120 30 (one hundred and twentythirty) days for remedying the Supplier Default or to meet any Condition PrecedentConcessionaire Default, and in the event of the Supplier Concessionaire not curing its default or meeting such Condition Precedent within such Cure Period, the Utility shall be entitled to encash and appropriate the Performance Security as Damages, and to terminate this Agreement in accordance with Article 19. £14 To be calculated @ Rs. 10,00,000 5% (Rs. ten lakhfive per cent) per MW of Contracted Capacitythe amount specified in the definition of Total Project Cost.

Appropriation of Performance Security. Upon occurrence of a Supplier Default or failure to meet any Condition Precedent, the Utility shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate from the Performance Security the amounts due to it for and in respect of such Supplier Default or for failure to meet any Condition Precedent. Upon such encashment and appropriation from the Performance Security, the Supplier shall, within 15 (fifteen) days thereof, replenish, in case of partial appropriation, to the original level of the Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, failing which the Utility shall be entitled to terminate this Agreement in accordance with Article 19. Upon such replenishment or furnishing of a fresh Performance Security, as the case may be, the Supplier shall be entitled to an additional Cure Period of 120 (one hundred and twenty) days for remedying the Supplier Default or to meet any Condition Precedent, and in the event of the Supplier not curing its default or meeting such Condition Precedent within such Cure Period, the Utility shall be entitled to encash and appropriate the Performance Security as Damages, and to terminate this Agreement in accordance with Article 19. £To be calculated @ Rs. 10,00,000 (Rs. ten lakh) per MW of Contracted Capacity.. Release of Performance Security

Appropriation of Performance Security. Upon occurrence of a Supplier Concessionaire Default or failure to meet any Condition Precedent, the Utility Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate from the Performance Security the amounts due to it for and in respect of such Supplier Concessionaire Default or for failure to meet any Condition Precedent. Upon such encashment and appropriation from the Performance Security, the Supplier Concessionaire shall, within 15 (fifteen) days thereof, replenish, in case of partial appropriation, to the original level of the Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, failing which the Utility Authority shall be entitled to terminate this Agreement in accordance with Article 1938. Upon such replenishment or furnishing of a fresh Performance Security, as the case may be, the Supplier Concessionaire shall be entitled to an additional Cure Period of 120 (one hundred and twenty) days for remedying the Supplier Concessionaire Default or to meet for satisfying any Condition Precedent, and in the event of the Supplier Concessionaire not curing its default or meeting such Condition Precedent within such Cure Period, 2 Calculated @ approximately 5% (five per cent) of the Utility shall be entitled to encash and appropriate amount specified in the Performance Security as Damages, and to terminate this Agreement in accordance with Article 19. £To be calculated @ Rs. 10,00,000 (Rs. ten lakh) per MW definition of Contracted CapacityTotal Project Cost.