Compensation for Breach of Agreement. Compensation for default by the Concessionaire Subject to provisions of Clause 35.6 and 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 35.1 for any material breach or default in respect of which Damages are expressly specified and payable under this Agreement. Compensation for default by the Authority Subject to provisions of Clause 35.6 and 37.6, 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 Concessionaire by way of compensation, all direct costs suffered or incurred by the Concessionaire 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 breach or default but shall not include loss of Fee revenues or debt repayment obligations, and for determining such compensation, information contained in the Financial Package and the Financial Model may be relied upon to the extent it is relevant. Extension of Concession Period Subject to the provisions of Clause 35.6, in the event that a material default or breach of this Agreement set forth in Clause 35.2 causes delay in achieving COD or leads to suspension of or reduction in collection of Fee, as the case may be, the Authority shall, in addition to payment of compensation under Clause 35.2, extend the Concession Period, such extension being equal in duration to the period by which COD was delayed or the collection of Fee remained suspended on account thereof, as the case may be; and in the event of reduction in collection of Fee where the daily collection is less than 90% (ninety per cent) of the Average Daily Fee, the Authority shall, in addition to payment of compensation under Clause 35.2, ex...
Compensation for Breach of Agreement. 91 28.1 Compensation for default by the Concessionaire 91 28.2 Compensation for default by the Authority 91 28.3 Extension of Concession Period 91 28.4 Compensation to be in addition 91 28.5 Mitigation of costs and damage 91
Compensation for Breach of Agreement. 79 25.1 Compensation for default by the Concessionaire 79 25.2 Mitigation of costs and damage 79
Compensation for Breach of Agreement. 28.1 Compensation for default by the Contractor Subject to the provisions of Article 28.4, in the event of the Contractor being in material breach or default 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 breach or default, within [30 (thirty)] days of receipt of the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Article 30.1 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 the Authority.
Compensation for Breach of Agreement. 29.2.1 In the event of Concessionaire being in material default of this Agreement and such default is cured before Termination, the Concessionaire shall pay to MPRDC as compensation, all direct additional costs suffered or incurred by MPRDC arising out of such material default by the Concessionaire, in one lump-sum within 120 (One Hundred twenty Days Only) days of receiving the demand or at the Concessionaire's option in 3 (three) equal semi-annual instalments with interest @ SBAR plus 2% (two per cent) per annum on the amount outstanding/ due.
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. 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. 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.
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.
Compensation for Breach of Agreement
