Compensation for Breach of Agreement. Compensation for default by the Operator In the event of the Operator being in material default or breach of this Agreement, it shall pay to the Authority by way of compensation, all direct costs suffered or incurred by the Authority as a consequence of such material default or breach, within [30 (thirty)] days of receipt of the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Clause 30.1 for any default or breach in respect of which Damages are expressly specified and payable under this Agreement. Compensation for default by the Authority In the event of the Authority being in material default or breach of this Agreement at any time after the Appointed Date, it shall pay to the Operator by way of compensation, all direct costs suffered or incurred by the Operator as a consequence of such material default or breach within [30 (thirty)] days of receipt of the demand supported by necessary particulars thereof; provided that no such compensation shall be payable for any material breach or default in respect of which Damages have been expressly specified in this Agreement. For the avoidance of doubt, compensation payable may include interest payments on debt, O&M Expenses, any increase in capital costs on account of inflation and all other costs directly attributable to such material default but shall not include loss of income or debt repayment obligations or other consequential losses. Extension of Contract Period Subject to the provisions of Clause 30.5, in the event that a material default or breach of this Agreement set forth in Clause 30.2 causes delay in achieving COD, the Authority shall, in addition to payment of compensation under Clause 30.2, extend the Contract Period, such extension being equal in duration to the period by which COD was delayed. Compensation to be in addition Compensation payable under this Article 30 shall be in addition to, and without prejudice to, the other rights and remedies of the Parties under this Agreement including Termination thereof. Mitigation of costs and damage The Affected Party shall make all reasonable efforts to mitigate or limit the costs and damage arising out of or as a result of breach of Agreement by the other Party.
Compensation for Breach of Agreement. 108
27.1 Compensation for default by the Concessionaire 108 27.2 Extension of Concession Period 108 27.3 Compensation to be in addition 108 27.4 Mitigation of costs and damage 108
Compensation for Breach of Agreement. 37.1 Compensation for default by the Concessionaire Subject to the provisions of Clause 37.6, in the event of the Concessionaire being in material default or breach of this Agreement, it shall pay to the Authority by way of compensation, all direct costs suffered or incurred by the Authority as a consequence of such material default or breach, within 30 (thirty) days of receipt of the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Clause 37.1 for any material breach or default in respect of which Damages are expressly specified and payable under this Agreement.
Compensation for Breach of Agreement. 24.1. In the event of Concessionaire being in material default of this Agreement and such default is cured before Termination, the Concessionaire shall pay to the Authority as compensation, all direct additional costs suffered or incurred by the Authority arising out of such material default by the Concessionaire, in one lumpsum within 30 (thirty) days of receiving the demand from the Autority.
24.2. In the event of the Authority being in material default of this Agreement and such default is cured before Termination, the Authority shall pay to the Concessionaire as compensation, all direct additional costs suffered or incurred by the Concessionaire arising out of such material default by the Authority, in one lumpsum within 30 (thirty) days of receiving the demand from the Concessionaire.
Compensation for Breach of Agreement. 28.1 Compensation for default by the Contractor
28.2 Compensation for default by the Authority
28.3 Compensation to be in addition
Compensation for Breach of Agreement. Compensation for default by the Concessionaire Subject to the provisions of Clause 25.1, in the event of the Concessionaire being in material default or breach of this Agreement, save and except in case such default is due to Force Majeure, it shall pay to Maha-Metro by way of compensation, all direct costs suffered or incurred by Maha-Metro as a consequence of such material default, within 30 (thirty) days of receipt of the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Clause 25.1 for any breach or default in respect of which Damages are expressly specified and payable under this Agreement or for any consequential losses incurred by Maha- Metro. Subject to the provisions of Clause 25.1.1, in the event that a material default causes delay in achieving COD or leads to suspension of or reduction in operation and maintenance of the project, save and except in case such default is due to Force Majeure, Maha-Metro shall be at liberty to terminate the agreement or ask for compensation from the concessionaire. Mitigation of costs and damage The Affected Party shall make all reasonable efforts to mitigate or limit the costs and damage arising out of or as a result of breach of Agreement by the other Party.
Compensation for Breach of Agreement. 23.1 Compensation for default by the Concessionaire 23.2 Compensation for default by the Authority 23.3 Extension of Concession Period 23.4Mitigation of costs and damage ARTICLE 24 87
Compensation for Breach of Agreement. 72
23.1 Compensation for default by the Concessionaire 72
23.2 Compensation for default by the Authority 72 23.3 Extension of Concession Period 72 23.4 Mitigation of costs and damage 72 24.1 Suspension upon Concessionaire Default 73 24.2 Authority to act on behalf of Concessionaire 73 24.3 Revocation of Suspension 73 25.1 Termination for Concessionaire Default 74 25.2 Termination for Authority Default 76 25.3 Consequences of Termination 77 25.4 Other rights and obligations of the Authority 78 25.5 Survival of rights 78 26.1 Divestment Requirements 79 26.2 Vesting Certificate 79 27.1 Restrictions on assignment and charges 81 27.2 Permitted assignment and charges 81 27.3 Assignment by the Authority 81 28.1 Change in Law 82 29.1 General indemnity 83 29.2 Indemnity by the Concessionaire 83 29.3 Notice and contest of claims 84 29.4 Defence of claims 85 29.5 No consequential claims 86 29.6 Survival on Termination 86
30.1 Licensee rights 87 30.2 Access rights of the Authority and others 87
30.3 Property taxes 87 30.4 Restriction on sub-letting 87 31.1 Dispute resolution 88 31.2 Conciliation 88 31.3 Arbitration 88 31.4 Adjudication by Regulatory Authority or Commission 88 32.1 Governing law and jurisdiction 90 32.2 Waiver of immunity 90 32.3 Depreciation and Interest 90 32.4 Delayed payments 90 32.5 Waiver 91 32.6 Liability for review of Documents and Drawings 91 32.7 Exclusion of implied warranties etc 91 32.8 Survival 92 32.9 Entire Agreement 92 32.10 Severability 92 32.11 No partnership 92 32.12 Third parties 92 32.13 Successors and assigns 93 32.14 Notices 93 32.15 Language 93 32.16 Counterparts 94 THIS AGREEMENT is entered into at …………..on this the ……….. day of ………, 20…..
Compensation for Breach of Agreement. 11.1 Compensation for default by OMD Operator In the event of OMD Operator being in material default of this Agreement and such default is cured before Termination, the OMD Operator shall pay to NTB as compensation, all direct additional costs suffered or incurred by NTB arising out of such material default by the OMD Operator, in one lump sum within ninety days of receiving the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Article12.1 for any material breach or default in respect of which damages are expressly specified and payable under this Agreement or for any consequential losses incurred by NTB.
Compensation for Breach of Agreement. 11.1 Party D shall timely handle insurance claims application or surrender of policy in a timely manner as agreed in the contract. In the case that Party D is complained by travelers for three times or more during the period of contract, Party A has the right to rescind the contract unilaterally.
11.2 Pursuant to the Rules on Punishment of Illegal Acts in the Intermediary Business, Party D has the right to demand Party C to rectify its insurance-related illegal acts. In the case that Party C refuses to rectify it, Party D has the right to terminate the agency of Party C.
11.3 Party A and Party B shall fully transfer all premiums to Party D as agreed in this contract. In the case of late delivery, it shall bear the responsibility of late payment by paying 1/10,000 of the payable premium for each day delayed besides paying the payable premium. Party D has the right to terminate the contract in the case of delay for more than 60 days.
11.4 Party D shall pay Party B the commissions payable to Party B. In the case of late payment, it shall bear the responsibility of late payment by paying 1/10,000 of the payable commissions for each day delayed besides paying the payable commissions. Party B has the right to terminate the contract in the case of delay for more than 60 days.
11.5 Party D shall pay Party C the commissions payable to Party C. In the case of late payment, it shall bear the responsibility of late payment by paying 1/10,000 of the payable commissions for each day delayed besides paying the payable commissions. Party C has the right to terminate the contract in the case of delay for more than 60 days.
11.6 Party B shall pay Party A the service fees payable to Party A. In the case of late payment, it shall bear the responsibility of late payment by paying 1/10,000 of the payable service fees for each day delayed besides paying the payable service fees. Party A has the right to terminate the contract in the case of delay for more than 60 days.
