Common use of Compensation for Breach of Agreement Clause in Contracts

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. Compensation for default by the Operator In Concessionaire Subject to the provisions of Clause 30.5, in the event of the Operator 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 30.1 for any material breach or default or breach in respect of which Damages are expressly specified and payable under this AgreementAgreement or for any consequential losses incurred by the Authority. Compensation for default by the Authority In Subject to the provisions of Clause 30.5, 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 Concessionaire by way of compensation, all direct costs suffered or incurred by the Operator 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 income or Storage 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 Contract Concession Period Subject to the provisions of Clause 30.5, in the event that a material default or breach of this Agreement as 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 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 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. Compensation for default by Subject to the Operator In provisions of Clause 28.4, in the event of the Operator 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 30.1 28.1 for any material breach or default or breach in respect of which Damages are expressly specified and payable under this Agreement. Compensation Agreement or for default any consequential losses incurred by the Authority In Authority. Subject to the provisions of Clause 28.4, 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 Concessionaire by way of compensation, all direct costs suffered or incurred by the Operator 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 Expenses and all other costs directly attributable to such material breach or default but shall not include loss of income Fee revenues or debt repayment obligations or other consequential losses. Extension of Contract Concession Period Subject to the provisions of Clause 30.528.4, in the event that a material default or breach of this Agreement set forth in Clause 30.2 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 30.228.1.2, extend the Contract 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 30 28 shall be in addition to, and without prejudice tonot in substitution for, the other rights and remedies or derogation of the Parties under this Agreement including Termination thereofPayment, 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 Operator Concessionaire Subject to provisions of Clause 35.6 and 37.6, In the event of the Operator 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 30.1 35.1 for any material breach or default or breach 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 Operator Concessionaire by way of compensation, all direct costs suffered or incurred by the Operator 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 income 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 Contract Concession Period Subject to the provisions of Clause 30.535.6, in the event that a material default or breach of this Agreement set forth in Clause 30.2 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 30.235.2, extend the Contract 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 30 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 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 PartyConcession Period.

Compensation for Breach of Agreement. Compensation for default by the Operator In Concessionaire Subject to the provisions of Clause 28.5, in the event of the Operator Concessionaire being in material breach or 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 breach or breachdefault, 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 28.1 for any material breach or default or breach in respect of which Damages are expressly specified and payable under this AgreementAgreement or for any consequential losses incurred by the Authority. Compensation for default by the Authority In Subject to the provisions of Clause 28.5, in the event of the Authority being in material breach or default or breach of this Agreement at any time after the Appointed Date, it shall pay to the Operator Concessionaire by way of compensation, all direct costs suffered or incurred by the Operator Concessionaire as a consequence of such material breach or 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 income or 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 Contract Concession Period Subject to the provisions of Clause 30.528.5, in the event that a material default or breach of this Agreement set forth in Clause 30.2 28.2 causes delay in achieving COD, the Authority shall, in addition to payment of compensation under Clause 30.228.2, extend the Contract 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 30 28 shall be in addition to, and without prejudice tonot in substitution for, the other rights and remedies of the Parties under this Agreement including or derogation of, Termination thereofPayment, 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.