Capacity Augmentation. It is hereby acknowledged and agreed by and between the Concessionaire and the Authority that the Target Point(s) shall not be revised in the event the Authority undertakes Capacity Augmentation pursuant to Clause 14.
Capacity Augmentation. 12.8.1 The Concessionaire shall undertake Capacity Augmentation as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D, so that the Project shall have Capacity Augmentation on or before the earlier of (a) the 30th (thirtieth) anniversary of the Appointed Date and (b) the 5th (fifth) anniversary of the close of the Accounting Year in which the throughput has, for a continuous period of 3 (three) Accounting Years, exceeded 75% (seventy five per cent) of the existing Capacity of the Port (the “Scheduled Capacity Augmentation Date”). For the avoidance of doubt, the Parties agree that the Concessionaire may, in its discretion, undertake Capacity Augmentation in phases, as specified in Schedule-B and Schedule-C.
12.8.2 The provisions of this Agreement shall apply, mutatis mutandis, to Capacity Augmentation, save and except where express provisions to the contrary have been made for Capacity Augmentation.
12.8.3 Notwithstanding anything to the contrary contained in this Agreement, in the event of a Competing Port being commissioned or operated prior to the Scheduled Capacity Augmentation Date, the Concessionaire shall be deemed to be relieved of its obligation to undertake Capacity Augmentation under this Agreement.
Capacity Augmentation. 14.1 NGS/ SMC may at any time after COD decide to augment/ increase the capacity of the Project (Capacity Augmentation) with a view to provide the desired level of service to the users of the Project Facility.
14.2 NGS/ SMC shall invite proposals from eligible Persons for Capacity Augmentation. The Concessionaire shall have option to submit its proposal for Capacity Augmentation.
14.3 In case the Concessionaire, after participating in the bidding procedure, fails to give the lowest offer, the Concessionaire shall be given the first right of refusal to match the preferred offer. If the Concessionaire matches the preferred offer the Parties shall enter into a suitable agreement supplemental to this Agreement to give effect to the changes in scope of the Project, Concession Period and all other necessary and consequential changes. In such an event the Concessionaire shall pay to the bidder who had made the lowest offer sum equivalent to 0.1% of the estimated cost of Capacity Augmentation towards bidding costs incurred by such bidder.
14.4 In case the Concessionaire wishes to augment/ increase the capacity of the Project at its own resources with a view to provide the desired level of service to the users of the Project Facility, the same shall be undertaken only after prior written approval of NGS / SMC.
Capacity Augmentation. If capacity on a Prime Satellite is or becomes insufficient to satisfy all the LESO’s traffic requirements at any time, although such Prime Satellite is functioning nominally, the Company may open up one or more new Ocean Regions. The introduction of any new Ocean Regions will be made in consultation with the LESOs. The Services to be carried in any new Ocean Regions may be a subset of the Services and the allocation of Services to such region will be dependant on the traffic demand and the capability of the new region to provide additional capacity. The Services to be carried in any new regions will be selected in consultation with the LESOs. The new regions may use Second or Third Generation Satellites at the appropriate orbital locations with: (a) the station keeping to two tenths (0.2) of a degree at the equatorial crossing; and (b) an orbital inclination less than five (5.0) degrees on the Second Generation Satellites and less than three (3.0) degrees on the Third Generation Satellites.
Capacity Augmentation. (i) If capacity on a Third Generation Satellite is or becomes insufficient to carry the LESO's traffic requirements at any time, although the Satellite is functioning nominally, the Company may optimise Space Segment capacity using the general guidelines in Annex I. Except in an Urgent Operational Case, the Company shall consult with the LESO prior to taking any such measures.
(ii) If capacity on a deployed Second Generation Satellite or Satellites used in accordance with paragraph 13.6 (b), is insufficient to carry the nominal traffic load in accordance with the Network Performance Objectives in Annex N, the Company may optimise the capacity of any such Satellites using the general guidelines set out in Annex I. The nominal traffic load in this context means the average bouncing busy hour volume of traffic for particular Services that had been carried by the Third Generation Satellite concerned during the three (3) months immediately prior to the start of the use of the Second Generation Satellites under paragraph 13.6 (b). Except in an Urgent Operational Case, the Company shall consult with the LESO prior to taking any optimisation measures.
(iii) Alternatively to sub-paragraphs 13.6 (d) (i) and (ii), in order to augment capacity in the Ocean Region concerned so as to accommodate the LESO's traffic requirements, the Company may deploy an additional Second or Third Generation Satellite to that Ocean Region, at an orbital location determined by the Company from amongst the locations defined in Clause 13.5. The LESO may elect to operate on one or both Satellites in that Ocean Region.
Capacity Augmentation. 29.1.1 GOTN, HD may, following a detailed traffic study conducted by it, at any time after [8th ] anniversary of the COD decide to augment/increase the capacity of the Project Highway (the “Capacity Augmentation”) in a manner found most appropriate by XXXX, HD in its sole discretion with a view to provide the desired level of service to the Users of the Project Highway.
29.1.2 Notwithstanding anything to the contrary contained in this Agreement, GOTN, HD may, after giving notice to the Concessionaire and considering its reply thereto, award such work of Capacity Augmentation to any person on the basis of open competitive bidding.
29.1.3 In case the Concessionaire (i) chooses not to submit its proposal for Capacity Augmentation or (ii) is not the preferred bidder, GOTN, HD shall be entitled to terminate this Agreement upon payment to the Concessionaire of the Termination Payment specified under 29.1.4.
29.1.4 The Termination Payment referred to in the preceding Clause above shall be the amount computed in accordance with the provisions of Clause 34.9.2 (b) of this Agreement.
Capacity Augmentation. It is hereby acknowledged and agreed by and between the Concessionaire and the Authority that the Target Point(s) shall not be revised in the event the Authority undertakes Capacity Augmentation pursuant to Clause 14. Quantum of modification in the Concession Period Subject to the provisions of Clause 24.2 and Clause 3.1, in the event Actual Fee 1 shall have fallen short of or exceeded the Target Fee 1 by more than 20% (twenty percent), then for every 1% (one percent) shortfall or increase as compared to the Target Fee 1, the Concession Period, subject to fulfilment of terms of this Agreement, shall be increased by 1.5% (one and a half percent) or decreased by 0.75% (point seven five percent) thereof; provided that such increase or decrease in Concession Period shall not in any case exceed not more than limits specified in Clause 3.1. For the avoidance of doubt, and by way of illustration, it is agreed that in the event of a shortfall or increase by 30% (thirty percent) in Target Fee 1, the Concession Period shall be increased by 15% (fifteen percent) or decreased by 7.5% (seven and a half percent) thereof. Subject to the provisions of Clause 24.3 and Clause 3.1, in the event Actual Fee 2 shall have fallen short of or exceeded the Target Fee 2 by more than 30% (thirty percent), then for every 1% (one percent) shortfall or increase as compared to the Target Fee 2, the Concession Period, subject to fulfilment of terms of this Agreement, shall be increased by 1.5% (one and a half percent) or decreased by 0.75% (point seven five percent) thereof; provided that such increase or decrease in Concession Period shall not in any case exceed not more than limits specified in Clause 3.1. For the avoidance of doubt, and by way of illustration, it is agreed that in the event of a shortfall or increase by 40% (forty percent) in Target Fee 2, the Concession Period shall be increased by 15% (fifteen percent) or decreased by 7.5% (seven and a half percent) thereof. Subject to the provisions of this Article 24 and clause 3.1, the effect of change in Concession Period due to Target Fee 1 and 2 be additive in nature.
Capacity Augmentation. It is hereby acknowledged and agreed by and between the Concessionaire and the Authority that the Target Point(s) shall not be revised in the event the Authority undertakes Capacity Augmentation pursuant to Clause 14. Subject to the provisions of Clause 24.2 and Clause 3.1, in the event Actual Fee 1 shall have fallen short of or exceeded the Target Fee 1 by more than 20 % (twenty per cent), then for every 1% (one percent) shortfall or increase as compared to the Target Fee 1, the Concession Period, subject to fulfilment of terms of this Agreement, shall be increased by 1.5% (one and a half percent) or decreased by 0.75% (point seven five percent) thereof; provided that such increase or decrease in Concession Period shall not in any case exceed not more than limits specified in Clause 3.1. For the avoidance of doubt, and by way of illustration, it is agreed that in the event of a shortfall or increase by 30% (thirty percent) in Target Fee1, the Concession Period shall be increased by 15% (Fifteen percent) or decreased by 7.5% (seven and a half percent) thereof.
Capacity Augmentation. The DTIDCL may, at any time after COD, decide to augment the capacity of the Project by increasing the number of Bus Shelters in DTIDCL jurisdiction with a view to provide more facilities to the users. The Concessionaire shall submit detailed maps for the areas being covered by the Project Sites, and where there is a need felt by the DTIDCL to increase the number of the Bus Shelters, such Bus Shelters shall be offered to the Concessionaire on similar terms as set out in this Agreement, provided that the new locations offered are of similar advertising value as the Project Sites.
Capacity Augmentation. 4.1. It is hereby agreed between the Parties that Clause 12.8.1 of the Concession Agreement shall stand substituted and replaced with the following Clause: “Notwithstanding anything contained hereunder, the Concessionaire shall undertake Capacity Augmentation as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D, so that the Project shall have Capacity Augmentation, on or before December 31, 2028 (the “Scheduled Capacity Augmentation Date”). The Parties agree and acknowledge that the Project shall be deemed to have achieved Capacity Augmentation when the Completion Certificate or the Provisional Certificate, as the case may be, is issued by the Independent Engineer, in respect of the Capacity Augmentation, in accordance with Article 14.”
4.2. It is hereby agreed between the Parties that Clause 12.8.3 of the Concession Agreement shall stand deleted.
4.3. It is hereby agreed between the Parties that Paragraph 1.1 of Annex – III, Schedule B of the Concession Agreement shall stand substituted and replaced with the following Paragraph: The Concessionaire shall undertake construction of Capacity Augmentation, so that the Project shall have Capacity Augmentation on or before December 31, 2028. Capacity Augmentation shall consist of and include 3 (three) Container berths, each having a minimum of 400 (four hundred) metres quay length in continuation with the Phase I in south-east direction and the backup area behind the berth. The backup area for Container yards shall be
