Common use of Commercial Operation Date (COD Clause in Contracts

Commercial Operation Date (COD. 15.1.1 The Project shall be deemed to complete when the Completion Certificate or the Provisional Certificate, as the case may be, is issued under the provisions of Article 14, and accordingly the commercial operation date of the Project shall be the date on which such Completion Certificate or the Provisional Certificate is issued (the “COD”). The Project shall enter into commercial service on COD whereupon the Concessionaire shall be entitled to demand and collect the Annuity Payments in accordance with the provisions of this Agreement. 15.1.2 In the event that the Authority prevents, or causes to be prevented, or in any manner delays the entry of the Project into commercial service after issuance of Completion Certificate or the Provisional Certificate, as the case may be, or where such delay occurs in the issuance of such certificate by the Independent Engineer for any reason attributable to the Independent Engineer or the Authority, as the case may be, the Concessionaire may declare COD and notify the Authority forthwith. In the event of any Dispute relating to the declaration of COD hereunder, the Dispute Resolution Procedure shall apply.

Commercial Operation Date (COD. 15.1.1 The Project Port shall be deemed to be complete when the Completion Certificate or the Provisional Certificate, as the case may be, is issued under the provisions of Article 14, and accordingly the commercial operation date of the Project Port shall be the date on which such Completion Certificate or the Provisional Certificate is issued (the “COD”). The Project Port shall enter into commercial service on COD whereupon the Concessionaire shall be entitled to demand and collect the Annuity Payments Fee in accordance with the provisions of this AgreementArticle 27. 15.1.2 In the event that the Authority prevents, or causes to be prevented, or in any manner delays the entry of the Project Port into commercial service after issuance of Completion Certificate or the Provisional Certificate, as the case may be, or where such delay occurs in the issuance of such certificate by the Independent Engineer for any reason attributable to the Independent Engineer or the Authority, as the case may be, the Concessionaire may declare COD and notify the Authority forthwith. In the event of any Dispute relating to the declaration of COD hereunder, the Dispute Resolution Procedure shall apply.

Commercial Operation Date (COD. 15.1.1 The Project Two-Laning Plus shall be deemed to be complete when the Completion Certificate or the Provisional Certificate, as the case may be, is issued under the provisions of Article 14, and accordingly the commercial operation date of the Project Highway shall be the date on which such Completion Certificate or the Provisional Certificate is issued (the “COD”). The Project Highway shall enter into commercial service on COD whereupon the Concessionaire shall be entitled to demand and collect the Annuity Payments Fee in accordance with the provisions of this AgreementArticle 27. 15.1.2 In the event that the Authority prevents, or causes to be prevented, or in any manner delays the entry of the Project Highway into commercial service after issuance of Completion Certificate or the Provisional Certificate, as the case may be, or where such delay occurs in the issuance of such certificate by the Independent Engineer for any reason attributable to the Independent Engineer or the Authority, as the case may be, the Concessionaire may declare COD and notify the Authority forthwith. In the event of any Dispute relating to the declaration of COD hereunder, the Dispute Resolution Procedure shall apply.

Commercial Operation Date (COD. 15.1.1 The Project Facility shall be deemed to be complete when the Completion Certificate or the Provisional Certificate, as the case may be, is issued under the provisions of Article 14, and accordingly the commercial operation date of the Project shall be the date on which such Completion Certificate or the Provisional Certificate is issued (the “COD” or the “Commercial Operation Date”). The Project shall enter into commercial service on COD whereupon the Concessionaire shall be entitled to demand and collect receive the Annuity Payments Testing Charges in accordance with Article 27, provided, however, that the entry of Project into commercial service shall always be subject to compliance with the provisions of this AgreementClause 14.5. 15.1.2 In the event that the Authority prevents, or causes to be prevented, or in any manner delays the entry of the Project into commercial service after issuance of Completion Certificate or the Provisional Certificate, as the case may be, or where such delay occurs in the issuance of such certificate the Completion Certificate by the Independent Engineer Expert for any reason attributable to the Independent Engineer Expert or the Authority, as the case may be, the Concessionaire may declare COD and notify the Authority forthwith. In the event of any Dispute relating to the declaration of COD hereunder, the Dispute Resolution Procedure shall apply.

Commercial Operation Date (COD. 15.1.1 The Project Two-Laning shall be deemed to be complete when the Completion Certificate or the Provisional Certificate, as the case may be, is issued under the provisions of Article 14, and accordingly the commercial operation date of the Project Highway shall be the date on which such Completion Certificate or the Provisional Certificate is issued (the “COD”). The Project Highway shall enter into commercial service on COD whereupon the Concessionaire shall be entitled to demand and collect the Annuity Payments Fee in accordance with the provisions of this AgreementArticle 27. 15.1.2 In the event that the Authority prevents, or causes to be prevented, or in any manner delays the entry of the Project Highway into commercial service after issuance of Completion Certificate or the Provisional Certificate, as the case may be, or where such delay occurs in the issuance of such certificate by the Independent Engineer for any reason attributable to the Independent Engineer or the Authority, as the case may be, the Concessionaire may declare COD and notify the Authority forthwith. In the event of any Dispute relating to the declaration of COD hereunder, the Dispute Resolution Procedure shall apply.