Common use of Compensation for default by the Concessioning Authority Clause in Contracts

Compensation for default by the Concessioning Authority. ‌ Subject to the provisions of Clause 35.6, in the event of the Concessioning 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 Adda Fee and/ or Commercial Charges 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.

Compensation for default by the Concessioning Authority. ‌ Subject to the provisions of Clause 35.621.3.5, in the event of the Concessioning Authority being in material materialbreach or default or breach of this Agreement at any time after the Appointed DateDate of Award of Concession, it shall pay to the Concessionaire by way of compensation, all direct costs suffered or incurred by the Concessionaire as Concessionaireas a consequence of such material breach or default or breach within 30 (thirty) days of receipt of the demand supported by necessary particulars documentation thereof; provided that no such compensation shall be payable for payablefor any material breach or default in respect of which Damages 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 Adda Fee and/ revenues from Tariff or Commercial Charges revenues, debt repayment debtrepayment 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.

Compensation for default by the Concessioning Authority. ‌ Subject to the provisions of Clause 35.6, in the event of the Concessioning 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 Adda Fee and/ or Commercial Charges 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.