Common use of Compensation for Breach of Agreement Clause in Contracts

Compensation for Breach of Agreement. Compensation for default by the Concessionaire Subject to the provisions of Clause 28.5, in the event of the Concessionaire 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 Clause 28.1 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 default by the Authority Subject to the provisions of Clause 28.5, in the event of the Authority being in material breach or default 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 breach or default 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 revenues, debt repayment obligations or other consequential losses, 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 28.5, in the event that a material default or breach of this Agreement set forth in Clause 28.2 causes delay in achieving COD, the Authority shall, in addition to payment of compensation under Clause 28.2, extend the Concession 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 28 shall be in addition to, and not in substitution for, or derogation of, Termination Payment, if any. 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. Compensation for default by the Concessionaire Subject to the provisions of Clause 28.528.4, in the event of the Concessionaire being in material default or 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 default or defaultbreach, within 30 (thirty) days of receipt of the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Clause 28.1 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 default by the Authority Subject to the provisions of Clause 28.528.4, in the event of the Authority being in material default or breach or default 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 or default 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 Expenses and all other costs directly attributable to such material breach or default but shall not include loss of revenues, Fee revenues or debt repayment obligations or other consequential losses, 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 28.528.4, in the event that a material default or breach of this Agreement set forth in Clause 28.2 causes delay 28.1.2 leads to suspension of or reduction in achieving CODcollection of Fee, as the case may be, the Authority shall, in addition to payment of compensation under Clause 28.228.1.2, extend the Concession Period, such extension being equal in duration to the period by for which COD was delayedthe collection of Fee remained suspended on account thereof; and in the event of reduction in collection of Fee where the daily collection is less than 90% (ninety percent) of the Average Daily Fee, the Authority shall, in addition to payment of compensation hereunder, extend the Concession Period in proportion to the loss of Fee on a daily basis. For the avoidance of doubt, loss of 25% (twenty-five percent) in collection of Fee as compared to the Average Daily Fee for four days shall entitle the Concessionaire to extension of one day in the Concession Period. Compensation to be in addition Compensation payable under this Article 28 shall be in addition to, and not in substitution for, or derogation of, of Termination Payment, if any. 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. Compensation for default by the Concessionaire Subject to the provisions of Clause 28.535.6 and 37.6, in In the event of the Concessionaire being in material default or 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 default or defaultbreach, within 30 (thirty) days of receipt of the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Clause 28.1 35.1 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 AuthorityAgreement. Compensation for default by the Authority Subject to the provisions of Clause 28.535.6 and 37.6, in In the event of the Authority being in material default or breach or default 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 or default 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 revenues, Fee revenues or debt repayment obligations or other consequential lossesobligations, 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 28.535.6, in the event that a material default or breach of this Agreement set forth in Clause 28.2 35.2 causes delay in achieving CODCOD 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 28.235.2, extend the Concession Period, such extension being equal in duration to the period by which COD was delayed. Compensation to be 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 Compensation payable to payment of compensation under this Article 28 Clause 35.2, extend the Concession Period in proportion to the loss of Fee on a daily basis. For the avoidance of doubt, loss of 25% (twenty five per cent) in collection of Fee as compared to the Average Daily Fee for four days shall be entitle the Concessionaire to extension of one day in addition to, and not in substitution for, or derogation of, Termination Payment, if any. 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 PartyConcession Period.

Compensation for Breach of Agreement. Compensation for default by the Concessionaire Subject to the provisions of Clause 28.5, in Operator In the event of the Concessionaire Operator being in material default or 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 default or defaultbreach, within [30 (thirty) )] days of receipt of the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Clause 28.1 30.1 for any material default or breach or default in respect of which Damages are expressly specified and payable under this Agreement or for any consequential losses incurred by the AuthorityAgreement. Compensation for default by the Authority Subject to the provisions of Clause 28.5, in In the event of the Authority being in material default or breach or default of this Agreement at any time after the Appointed Date, it shall pay to the Concessionaire Operator by way of compensation, all direct costs suffered or incurred by the Concessionaire Operator as a consequence of such material default or breach or default 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 revenues, income or debt repayment obligations or other consequential losses, 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 Contract Period Subject to the provisions of Clause 28.530.5, in the event that a material default or breach of this Agreement set forth in Clause 28.2 30.2 causes delay in achieving COD, the Authority shall, in addition to payment of compensation under Clause 28.230.2, extend the Concession 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 28 30 shall be in addition to, and not in substitution forwithout prejudice to, or derogation of, the other rights and remedies of the Parties under this Agreement including Termination Payment, if anythereof. 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. Compensation for default by the Concessionaire Subject to the provisions of Clause 28.530.5, in the event of the Concessionaire being in material default or 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 default or defaultbreach, within 30 (thirty) days of receipt of the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Clause 28.1 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 default by the Authority Subject to the provisions of Clause 28.530.5, in the event of the Authority being in material default or breach or default 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 or default 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 revenuesStorage and Handling Charges, debt repayment obligations or other consequential losses, 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 28.530.5, in the event that a material default or breach of this Agreement as set forth in Clause 28.2 30.2 causes delay in achieving COD, the Authority shall, in addition to payment of compensation under Clause 28.230.2, extend the Concession 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 28 30 shall be in addition to, and not in substitution forwithout prejudice to, or derogation of, the other rights and remedies of the Parties under this Agreement including Termination Payment, if anythereof. 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.