Common use of Compensation for monetary loss Clause in Contracts

Compensation for monetary loss. The Authority and the Concessionaire acknowledge that if the Concessionaire suffers monetary loss in the event of lane closure/ traffic diversion on account of Capacity Augmentation the Authority may, in its discretion and at its own cost, undertake traffic sampling, in accordance with Schedule-J hereto, during the period of such lane closure/ traffic diversion and a second survey, post opening of the lanes/ removal of traffic diversion, in order to determine the actual traffic on the Project Road. For the avoidance of doubt, the compensation in the case of monetary loss shall be determined by the Authority based on the results of the abovementioned traffic surveys. It is hereby agreed between the Parties that the Concessionaire shall only be entitled to any compensation under this Clause and the Authority shall only be obliged to pay compensation hereunder, in case it is determined by the Authority that the monetary loss suffered by the Concessionaire in the event of such lane closure/ traffic diversion on account of Capacity Augmentation is greater than 20% (twenty percent) thereof.

Appears in 1 contract

Samples: Concession Agreement

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Compensation for monetary loss. 14.2.1 The Authority and the Concessionaire acknowledge that if the Concessionaire suffers monetary loss in the event of lane closure/ traffic diversion on account of Capacity Augmentation the Authority may, in its discretion and at its own cost, undertake traffic sampling, in accordance with Schedule-J hereto, during the period of such lane closure/ traffic diversion and a second survey, post opening of the lanes/ removal of traffic diversion, in order to determine the actual traffic on the Project RoadHighway. For the avoidance of doubt, the compensation in the case of monetary loss shall be determined by the Authority based on the results of the abovementioned traffic surveys. It is hereby agreed between the Parties that the Concessionaire shall only be entitled to any compensation under this Clause and the Authority shall only be obliged to pay compensation hereunder, hereunder in case it is determined by the Authority that the monetary loss suffered by the Concessionaire in the event of such lane closure/ traffic diversion on account of Capacity Augmentation is greater than 20% (twenty percent) thereof.

Appears in 1 contract

Samples: Concession Agreement

Compensation for monetary loss. 30.2.1. The Contracting Authority and the Concessionaire acknowledge that if the Concessionaire suffers monetary loss in the event of lane closure/ traffic diversion on account of Capacity Augmentation the Contracting Authority may, in its discretion and at its own cost, undertake traffic sampling, in accordance with Schedule-J hereto, during the period of such lane closure/ traffic diversion and a second survey, post opening of the lanes/ removal of traffic diversion, in order to determine the actual traffic on the Project RoadHighway. For the avoidance of doubt, the compensation in the case of monetary loss shall be determined by the Contracting Authority based on the results of the abovementioned traffic surveys. It is hereby agreed between the Parties that the Concessionaire shall only be entitled to any compensation under this Clause and the Contracting Authority shall only be obliged to pay compensation hereunder, in case it is determined by the Contracting Authority that the monetary loss suffered by the Concessionaire in the event of such lane closure/ traffic diversion on account of Capacity Augmentation is greater than 20% (twenty percent) percent)110 thereof.

Appears in 1 contract

Samples: Concession Agreement

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Compensation for monetary loss. 14.2.1 The Authority and the Concessionaire acknowledge that if the Concessionaire suffers monetary loss in the event of lane closure/ traffic diversion on account of Capacity Augmentation the Authority may, in its discretion and at its own cost, undertake traffic sampling, in accordance with Schedule-J hereto, O hereto during the period of such lane closure/ traffic diversion and a second survey, post opening of the lanes/ removal of traffic diversion, in order to determine the actual traffic on the Project RoadHighway. For the avoidance of doubt, the compensation in the case of monetary loss shall be determined by the Authority based on the results of the abovementioned traffic surveys. It is hereby agreed between the Parties that the Concessionaire shall only be entitled to any compensation under this Clause and the Authority shall only be obliged to pay compensation hereunder, in case it is determined by the Authority that the monetary loss suffered by the Concessionaire in the event of such lane closure/ traffic diversion on account of Capacity Augmentation is greater than 20% (twenty percent) thereof.

Appears in 1 contract

Samples: Concession Agreement

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