Common use of Completion of Mandatory Development Obligations Clause in Contracts

Completion of Mandatory Development Obligations. 12.4.1 On or after Appointed Date, the Concessionaire shall undertake construction of Mandatory Development Obligations, as specified in Schedule 3, and in conformity with the Specifications and Standards set forth in Schedule 4 and in accordance with the Project Completion Schedule set forth in Schedule 4. The Concessionaire agrees and undertakes that Mandatory Development Obligations shall be completed within the Construction Period, as set out in Schedule 11. 12.4.2 The Concessionaire shall carry out and complete the construction and development of Mandatory Development Obligations on a date falling 42 months from Appointed Date (“Scheduled Completion Date”). The Concessionaire shall, by written notice, inform the Authority and the Independent Engineer(s) about completion of such construction Works. 12.4.3 The “Construction Period” shall be a period equivalent to 42 months from Appointed Date. The Construction Period shall start from the Appointed Date till the Scheduled Completion Date, wherein the Concessionaire shall be required to comply with the following obligations: a) Take all necessary / mandatory Applicable Permits etc. which are required for construction and commencing the operations and maintenance of the Mandatory Development Obligations, so that all such conditions have been satisfied in full, and all such Applicable Permits, etc. are in full force and effect. b) Concessionaire shall obtain the Building Plan Approval for the Mandatory Development Obligations within a maximum of 6 months from the Appointed Date. c) Prepare, submit and get approval for the DPR which includes encompassing activities like facility planning& construction, details of required personal, equipment, furniture & fixtures and consumables (before the Appointed Date). d) Prepare and submit and submit a note on Commercial charges to be levied on the Mandatory Development Obligations. e) Prepare and get approved the Operation & Maintenance Manual. f) Recruit and maintain the required staff for management, operation and maintenance of the Project. g) Procure and install equipment, machinery, furniture & fixtures and other consumables in accordance with the DPR as approved by Concessioning Authority. h) Keep the Mandatory Development Obligations ready for operations and occupation. i) Procure full insurance cover for the Project and provide the necessary information on the same to the Concessioning Authority. j) Concessionaire shall procure Occupation Certificate for the Mandatory Development Obligations before occupying the Project Facilities. 12.4.4 The Concessionaire shall be required to adhere to the Project Milestones as per the Project Completion Schedule set forth in Schedule 11, and comply with the following: a) Within 7 days of the Project Milestone, the Concessionaire shall notify the Authority and the Independent Engineer about compliance / non-compliance of its obligations related to the Project Milestone, including the nature and extent of physical progress and the detailed break-up of the expenditure incurred till the Project Milestone. b) Within 7 days of receipt of such notice, the Independent Engineer, shall audit the expenditure incurred, determine that the physical progress is commensurate with the expenditure incurred and confirm the Concessionaire’s compliance or non-compliance with its obligation related to the Project Milestone. c) The Independent Engineer shall submit a report (“Audit Report”) of its audit to the Authority (with a copy of the report marked to the Concessionaire), giving details of the actual expenditure incurred, actual physical progress and (if applicable) shortfall in incurred expenditure as against the minimum requirement of the Project Milestone, as expressed in INR Crore (“Shortfall in Project Milestone”). d) The Concessionaire shall, within 15 days of receipt of Audit Report which shows Shortfall in Project Milestone, make a payment of 20% of Shortfall in Project Milestone as Damages to the Authority. e) In the event the Concessionaire disputes the Audit Report, the Concessionaire may bring the same to the notice of the Independent Engineer and the Authority, within 15 days of receipt of Audit Report along with the payment of 20% of Shortfall in Project Milestone as Damages. f) If the Independent Engineer or the Authority revise the Audit Report based on the representation by the Concessionaire and revise downwards / waive the Damages, any excess Damages paid shall be refunded. In case the Concessionaire still disputes the Authority review of the Audit Report post the formal representation by the Concessionaire, the Concessionaire may use the dispute resolution process as defined in Article 30. g) For avoidance of doubt, it is agreed that recovery of Damages under this Article 12.4.4 shall be without prejudice to the rights of the Authority under this Agreement, or otherwise including the right of Termination thereof. h) It is clarified that the Damages payable under this Article 12.4.4 shall only apply to non- compliance of Project Milestone-I, Project Milestone-II and Project Milestone-III as per Project Completion Schedule in Schedule 11. Any delay / non-compliance in achievement of Scheduled Completion Date shall be dealt with under provisions of Article 12.4.5 and 12.5. i) Provided however that, in the event the COD is achieved on or before the Scheduled Project Completion Date, the sum of Damages paid under this Article 12.4.4 shall be refunded by the Authority to the Concessionaire without any interest. 12.4.5 In the event that COD is not achieved by the Scheduled Completion Date for any reason, other than Force Majeure or reasons attributable to the Concessioning Authority or any Competent Authority, the Concessionaire shall, subject to sub-clause 12.5 below, comply with following: a) The Concessionaire shall be liable to pay to the Authority, Damages for delay beyond the Scheduled Completion Date at the rate of INR 40 Lakh (Rupees Forty Lakh) per month of delay beyond the Scheduled Completion Date until COD is achieved. b) The Damages, as mentioned above, shall be payable in advance, before start of each month beyond the Scheduled Completion Date. For avoidance of doubt: i. For the purpose of assessment of Damages under this Article 12.4.5, a period of at least 1 day and maximum 30 days shall be counted as a month. ii. The Damages payable for the first month beyond Scheduled Completion Date, shall be payable before Scheduled Completion Date. c) The Concessionaire shall, within 7 days prior to Scheduled Completion Date, issue a notice to the Authority informing about such delay in COD, expected date when COD shall be achieved and compliance with terms of this Article 12.4.5 (a) related to payment of Damages. The Concessionaire shall promptly make payment of the Damages as per Article 12.4.5(a) in advance. d) Any further delay in achieving COD shall be approved in prior by the Authority and shall be subject to payment of Damages by the Concessionaire in advance. e) In case of failure of the Concessionaire to inform the Authority, in writing, about the delay in achievement of COD and/or payment of Damages as per Article 12.4.5(a), the Authority may levy the Damages from the Construction Performance Security, after issue of a notice to the Concessionaire to this effect. f) Provided that nothing contained in this sub-clause shall be deemed or construed to authorize any delay by the Concessionaire in achieving the Scheduled Completion Date.

Completion of Mandatory Development Obligations. 12.4.1 On or after Appointed Date, the Concessionaire shall undertake construction of Mandatory Development Obligations, as specified in Schedule 3, and in conformity with the Specifications and Standards set forth in Schedule 4 and in accordance with the Project Completion Schedule set forth in Schedule 4. The Concessionaire agrees and undertakes that Mandatory Development Obligations shall be completed within the Construction Period, as set out in Schedule 11. 12.4.2 The Concessionaire shall carry out and complete the construction and development of Mandatory Development Obligations on a date falling 42 months or before the 910th day from the Appointed Date (“Scheduled Completion Date”). The Concessionaire shall, by written notice, inform the Authority and the Independent Engineer(s) about completion of such construction Works. 12.4.3 The “Construction Period” shall be a period of 30 (thirty) months equivalent to 42 months from Appointed Date. The Construction Period shall start a period of 910 days, starting from the Appointed Date till the Scheduled Completion Date, wherein the Concessionaire shall be required to comply with the following obligations: a) Take all necessary / mandatory Applicable Permits etc. which are required for construction and commencing the operations and maintenance of the Mandatory Development Obligations, so that all such conditions have been satisfied in full, and all such Applicable Permits, etc. are in full force and effect. b) Concessionaire shall obtain the Building Plan Approval for the Mandatory Development Obligations within a maximum of 6 months from the Appointed Date. c) Prepare, submit and get approval for the DPR which includes encompassing activities like facility planning& construction, details of required personal, equipment, furniture & fixtures and consumables (before the Appointed Date). d) Prepare and submit and submit a note on Commercial charges to be levied on the Mandatory Development Obligations. e) Prepare and get approved the Operation & Maintenance Manual. f) Recruit and maintain the required staff for management, operation and maintenance of the Project. g) Procure and install equipment, machinery, furniture & fixtures and other consumables in accordance with the DPR as approved by Concessioning Authority. h) Keep the Mandatory Development Obligations ready for operations and occupation. i) Procure full insurance cover for the Project and provide the necessary information on the same to the Concessioning Authority. j) Concessionaire shall procure Occupation Certificate for the Mandatory Development Obligations before occupying the Project FacilitiesCOD. 12.4.4 The Concessionaire shall be required to adhere to the Project Milestones as per the Project Completion Schedule set forth in Schedule 11, and comply with the following: a) Within 7 days of the Project Milestone, the Concessionaire shall notify the Authority and the Independent Engineer about compliance / non-compliance of its obligations related to the Project Milestone, including the nature and extent of physical progress and the detailed break-up of the expenditure incurred till the Project Milestone. b) Within 7 days of receipt of such notice, the Independent Engineer, shall audit the expenditure incurred, determine that the physical progress is commensurate with the expenditure incurred and confirm the Concessionaire’s compliance or non-compliance with its obligation related to the Project Milestone. c) The Independent Engineer shall submit a report (“Audit Report”) of its audit to the Authority (with a copy of the report marked to the Concessionaire), giving details of the actual expenditure incurred, actual physical progress and (if applicable) shortfall in incurred expenditure as against the minimum requirement of the Project Milestone, as expressed in INR Crore (“Shortfall in Project Milestone”). d) The Concessionaire shall, within 15 days of receipt of Audit Report which shows Shortfall in Project Milestone, make a payment of 20% of Shortfall in Project Milestone as Damages to the Authority. e) In the event the Concessionaire disputes the Audit Report, the Concessionaire may bring the same to the notice of the Independent Engineer and the Authority, within 15 days of receipt of Audit Report along with the payment of 20% of Shortfall in Project Milestone as Damages. f) If the Independent Engineer or the Authority revise the Audit Report based on the representation by the Concessionaire and revise downwards / waive the Damages, any excess Damages paid shall be refunded. In case the Concessionaire still disputes the Authority review of the Audit Report post the formal representation by the Concessionaire, the Concessionaire may use the dispute resolution process as defined in Article 30. g) For avoidance of doubt, it is agreed that recovery of Damages under this Article 12.4.4 shall be without prejudice to the rights of the Authority under this Agreement, or otherwise including the right of Termination thereof. h) It is clarified that the Damages payable under this Article 12.4.4 shall only apply to non- compliance of Project Milestone-I, Project Milestone-II and Project Milestone-III as per Project Completion Schedule in Schedule 11. Any delay / non-compliance in achievement of Scheduled Completion Date shall be dealt with under provisions of Article 12.4.5 and 12.5. i) Provided however that, in the event the COD is achieved on or before the Scheduled Project Completion Date, the sum of Damages paid under this Article 12.4.4 shall be refunded by the Authority to the Concessionaire without any interest. 12.4.5 In the event that COD Scheduled Completion Date is not achieved by the Scheduled Completion Date for any reason, other than Force Majeure or reasons attributable to the Concessioning Authority or any Competent Authority, the Concessionaire shall, subject to sub-clause 12.5 below, comply with following: a) The Concessionaire shall be liable to pay to the Authority, Damages Concessioning Authority damages for delay beyond the Scheduled Completion Date at the rate of INR 40 Lakh (Rupees Forty Lakh) 0.05% of the Performance Security per month day, for every day of delay beyond the Scheduled until Construction Completion Date until COD is achieved. b) The Damages, as mentioned above, shall be payable in advance, before start of each month beyond the Scheduled Completion Date. For avoidance of doubt: i. For the purpose of assessment of Damages under this Article 12.4.5, a period of at least 1 day and maximum 30 days shall be counted as a month. ii. The Damages payable for the first month beyond Scheduled Completion Date, shall be payable before Scheduled Completion Date. c) The Concessionaire shall, within 7 days prior to Scheduled Completion Date, issue a notice to the Authority informing about such delay in COD, expected date when COD shall be achieved and compliance with terms of this Article 12.4.5 (a) related to payment of Damages. The Concessionaire shall promptly make payment of the Damages as per Article 12.4.5(a) in advance. d) Any further delay in achieving COD shall be approved in prior by the Authority and shall be subject to payment of Damages by the Concessionaire in advance. e) In case of failure of the Concessionaire to inform the Authority, in writing, about the delay in achievement of COD and/or payment of Damages as per Article 12.4.5(a), the Authority may levy the Damages from the Construction Performance Security, after issue of a notice to the Concessionaire to this effect. f) Provided that nothing contained in this sub-clause shall be deemed or construed to authorize any delay by the Concessionaire in achieving the Scheduled Completion Date.

Completion of Mandatory Development Obligations. 12.4.1 On or after Appointed Date, the Concessionaire shall undertake construction of Mandatory Development Obligations, as specified in Schedule 3, and in conformity with the Specifications and Standards set forth in Schedule 4 and in accordance with the Project Completion Schedule set forth in Schedule 4. The Concessionaire agrees and undertakes that Mandatory Development Obligations shall be completed within the Construction Period, as set out in Schedule 11. 12.4.2 The Concessionaire shall carry out and complete the construction and development of Mandatory Development Obligations on a date falling 42 months or before the 910th day from the Appointed Date (“Scheduled Completion Date”). The Concessionaire shall, by written notice, inform the Authority and the Independent Engineer(s) about completion of such construction Works. 12.4.3 The “Construction Period” shall be a period of 30 (thirty) months equivalent to 42 months from Appointed Date. The Construction Period shall start a period of 910 days, starting from the Appointed Date till the Scheduled Completion Date, wherein the Concessionaire shall be required to comply with the following obligations: a) Take all necessary / mandatory Applicable Permits etc. which are required for construction and commencing the operations and maintenance of the Mandatory Development Obligations, so that all such conditions have been satisfied in full, and all such Applicable Permits, etc. are in full force and effect. b) Concessionaire shall obtain the Building Plan Approval for the Mandatory Development Obligations within a maximum of 6 months from the Appointed Date. c) Prepare, submit and get approval for the DPR which includes encompassing activities like facility planningplanning & construction, details of required personal, equipment, furniture & fixtures and consumables (before the Appointed Date). d) Prepare and submit and submit a note on Commercial charges to be levied on the Mandatory Development Obligations. e) Prepare and get approved the Operation & Maintenance Manual. f) Recruit and maintain the required staff for management, operation and maintenance of the Project. g) Procure and install equipment, machinery, furniture & fixtures and other consumables in accordance with the DPR as approved by Concessioning Authority. h) Keep the Mandatory Development Obligations ready for operations and occupation. i) Procure full insurance cover for the Project and provide the necessary information on the same to the Concessioning Authority. j) Concessionaire shall procure Occupation Certificate for the Mandatory Development Obligations before occupying the Project FacilitiesCOD. 12.4.4 The Concessionaire shall be required to adhere to the Project Milestones as per the Project Completion Schedule set forth in Schedule 11, and comply with the following: a) Within 7 days of the Project Milestone, the Concessionaire shall notify the Authority and the Independent Engineer about compliance / non-compliance of its obligations related to the Project Milestone, including the nature and extent of physical progress and the detailed break-up of the expenditure incurred till the Project Milestone. b) Within 7 days of receipt of such notice, the Independent Engineer, shall audit the expenditure incurred, determine that the physical progress is commensurate with the expenditure incurred and confirm the Concessionaire’s compliance or non-compliance with its obligation related to the Project Milestone. c) The Independent Engineer shall submit a report (“Audit Report”) of its audit to the Authority (with a copy of the report marked to the Concessionaire), giving details of the actual expenditure incurred, actual physical progress and (if applicable) shortfall in incurred expenditure as against the minimum requirement of the Project Milestone, as expressed in INR Crore (“Shortfall in Project Milestone”). d) The Concessionaire shall, within 15 days of receipt of Audit Report which shows Shortfall in Project Milestone, make a payment of 20% of Shortfall in Project Milestone as Damages to the Authority. e) In the event the Concessionaire disputes the Audit Report, the Concessionaire may bring the same to the notice of the Independent Engineer and the Authority, within 15 days of receipt of Audit Report along with the payment of 20% of Shortfall in Project Milestone as Damages. f) If the Independent Engineer or the Authority revise the Audit Report based on the representation by the Concessionaire and revise downwards / waive the Damages, any excess Damages paid shall be refunded. In case the Concessionaire still disputes the Authority review of the Audit Report post the formal representation by the Concessionaire, the Concessionaire may use the dispute resolution process as defined in Article 30. g) For avoidance of doubt, it is agreed that recovery of Damages under this Article 12.4.4 shall be without prejudice to the rights of the Authority under this Agreement, or otherwise including the right of Termination thereof. h) It is clarified that the Damages payable under this Article 12.4.4 shall only apply to non- compliance of Project Milestone-I, Project Milestone-II and Project Milestone-III as per Project Completion Schedule in Schedule 11. Any delay / non-compliance in achievement of Scheduled Completion Date shall be dealt with under provisions of Article 12.4.5 and 12.5. i) Provided however that, in the event the COD is achieved on or before the Scheduled Project Completion Date, the sum of Damages paid under this Article 12.4.4 shall be refunded by the Authority to the Concessionaire without any interest. 12.4.5 In the event that COD Scheduled Completion Date is not achieved by the Scheduled Completion Date for any reason, other than Force Majeure or reasons attributable to the Concessioning Authority or any Competent Authority, the Concessionaire shall, subject to sub-clause 12.5 below, comply with following: a) The Concessionaire shall be liable to pay to the Authority, Damages Concessioning Authority damages for delay beyond the Scheduled Completion Date at the rate of INR 40 Lakh (Rupees Forty Lakh) 0.05% of the Performance Security per month day, for every day of delay beyond the Scheduled until Construction Completion Date until COD is achieved. b) The Damages, as mentioned above, shall be payable in advance, before start of each month beyond the Scheduled Completion Date. For avoidance of doubt: i. For the purpose of assessment of Damages under this Article 12.4.5, a period of at least 1 day and maximum 30 days shall be counted as a month. ii. The Damages payable for the first month beyond Scheduled Completion Date, shall be payable before Scheduled Completion Date. c) The Concessionaire shall, within 7 days prior to Scheduled Completion Date, issue a notice to the Authority informing about such delay in COD, expected date when COD shall be achieved and compliance with terms of this Article 12.4.5 (a) related to payment of Damages. The Concessionaire shall promptly make payment of the Damages as per Article 12.4.5(a) in advance. d) Any further delay in achieving COD shall be approved in prior by the Authority and shall be subject to payment of Damages by the Concessionaire in advance. e) In case of failure of the Concessionaire to inform the Authority, in writing, about the delay in achievement of COD and/or payment of Damages as per Article 12.4.5(a), the Authority may levy the Damages from the Construction Performance Security, after issue of a notice to the Concessionaire to this effect. f) Provided that nothing contained in this sub-clause shall be deemed or construed to authorize any delay by the Concessionaire in achieving the Scheduled Completion Date.

Completion of Mandatory Development Obligations. 12.4.1 On or after Appointed Date, the Concessionaire shall undertake construction of Mandatory Development Obligations, as specified in Schedule 3, and in conformity with the Specifications and Standards set forth in Schedule 4 and in accordance with the Project Completion Schedule set forth in Schedule 4. The Concessionaire agrees and undertakes that Mandatory Development Obligations shall be completed within the Construction Period, as set out in Schedule 11. 12.4.2 The Concessionaire shall carry out and complete the construction and development of Mandatory Development Obligations on a date falling within 42 months from the Appointed Date (“Scheduled Completion Date”). The Concessionaire shall, by written notice, inform the Authority and the Independent Engineer(s) about completion of such construction Construction Works. 12.4.3 The “Construction Period” shall be a period equivalent to 42 months from the Appointed Date. The Construction Period shall start from the Appointed Date till the Scheduled Completion Date, wherein the Concessionaire shall be required to comply with the following obligations: a) Take all necessary / mandatory Applicable Permits etc. which are required for construction and commencing the operations and maintenance of the Mandatory Development Obligations, so that all such conditions have been satisfied in full, and all such Applicable Permits, etc. are in full force and effect. b) Concessionaire shall obtain the Building Plan Approval building plan approval for the Mandatory Development Obligations within a maximum of 6 months from the Appointed Date. c) Prepare, submit and get approval for the DPR which includes encompassing activities like facility planning& construction, details of required personal, equipment, furniture & fixtures and consumables (before the Appointed Date). d) Prepare and submit and submit a note on Commercial charges to be levied on the Mandatory Development Obligations. e) Prepare and get approved the Operation & Maintenance Manual. f) Recruit and maintain the required staff for management, operation and maintenance of the Project. g) Procure and install equipment, machinery, furniture & fixtures and other consumables in accordance with the DPR as approved by Concessioning Authority. h) Keep the Mandatory Development Obligations ready for operations and occupation. i) Procure full insurance cover for the Project and provide the necessary information on the same to the Concessioning Authority. j) Concessionaire shall procure Occupation Certificate for the Mandatory Development Obligations before occupying the Project Facilities. 12.4.4 The Concessionaire shall be required to adhere to the Project Milestones as per the Project Completion Schedule set forth in Schedule 11, and comply with the following: a) Within 7 days of the Project Milestone, the Concessionaire shall notify the Authority and the Independent Engineer about compliance / non-compliance of its obligations related to the Project Milestone, including the nature and extent of physical progress and the detailed break-up of the expenditure incurred till the Project Milestone. b) Within 7 days of receipt of such notice, the Independent Engineer, shall audit the expenditure incurred, determine that the physical progress is commensurate with the expenditure incurred and confirm the Concessionaire’s compliance or non-compliance with its obligation related to the Project Milestone. c) The Independent Engineer shall submit a report (“Audit Report”) of its audit to the Authority (with a copy of the report marked to the Concessionaire), giving details of the actual expenditure incurred, actual physical progress and (if applicable) shortfall in incurred expenditure as against the minimum requirement of the Project Milestone, as expressed in INR Crore (“Shortfall in Project Milestone”). d) The Concessionaire shall, within 15 days of receipt of Audit Report which shows Shortfall in Project Milestone, make a payment of 20% of Shortfall in Project Milestone as Damages to the Authority. e) In the event the Concessionaire disputes the Audit Report, the Concessionaire may bring the same to the notice of the Independent Engineer and the Authority, within 15 days of receipt of Audit Report along with the payment of 20% of Shortfall in Project Milestone as Damages. f) If the Independent Engineer or the Authority revise the Audit Report based on the representation by the Concessionaire and revise downwards / waive the Damages, any excess Damages paid shall be refunded. In case the Concessionaire still disputes the Authority review of the Audit Report post the formal representation by the Concessionaire, the Concessionaire may use the dispute resolution process as defined in Article 30. g) For avoidance of doubt, it is agreed that recovery of Damages under this Article 12.4.4 shall be without prejudice to the rights of the Authority under this Agreement, or otherwise including the right of Termination thereof. h) It is clarified that the Damages payable under this Article 12.4.4 shall only apply to non- compliance of Project Milestone-I, Project Milestone-II and Project Milestone-III as per Project Completion Schedule in Schedule 11. Any delay / non-compliance in achievement of Scheduled Completion Date shall be dealt with under provisions of Article 12.4.5 and 12.5. i) Provided however that, in the event the COD is achieved on or before the Scheduled Project Completion Date, the sum of Damages paid under this Article 12.4.4 shall be refunded by the Authority to the Concessionaire without any interest. 12.4.5 In the event that COD is not achieved by the Scheduled Completion Date for any reason, other than Force Majeure or reasons attributable to the Concessioning Authority or any Competent Authority, the Concessionaire shall, subject to sub-clause 12.5 below, comply with following: a) The Concessionaire shall be liable to pay to the Authority, Damages for delay beyond the Scheduled Completion Date at the rate of INR 40 Lakh 70 lakhs (Rupees Forty LakhSeventy Lakhs only) per month of delay beyond the Scheduled Completion Date until COD is achieved. b) The Damages, as mentioned above, shall be payable in advance, before start of each month beyond the Scheduled Completion Date. For avoidance of doubt: i. For the purpose of assessment of Damages under this Article 12.4.5, a period of at least 1 day and maximum 30 days shall be counted as a month. ii. The Damages payable for the first month beyond Scheduled Completion Date, shall be payable before Scheduled Completion Date. c) The Concessionaire shall, within 7 days prior to Scheduled Completion Date, issue a notice to the Authority informing about such delay in COD, expected date when COD shall be achieved and compliance with terms of this Article 12.4.5 (a) related to payment of Damages. The Concessionaire shall promptly make payment of the Damages as per Article 12.4.5(a) in advance. d) Any further delay in achieving COD shall be approved in prior by the Authority and shall be subject to payment of Damages by the Concessionaire in advance. e) In case of failure of the Concessionaire to inform the Authority, in writing, about the delay in achievement of COD and/or payment of Damages as per Article 12.4.5(a), the Authority may levy the Damages from the Construction Performance Security, after issue of a notice to the Concessionaire to this effect. f) Provided that nothing contained in this sub-clause shall be deemed or construed to authorize any delay by the Concessionaire in achieving the Scheduled Completion Date.