Common use of Completion of the Maintenance Depots Clause in Contracts

Completion of the Maintenance Depots. 12.5.1 On or after the Appointed Date, the Operator shall undertake construction of the Maintenance Depots as specified in Schedule-E, and in conformity with the Specifications and Standards set forth in Schedule-B. The [180th (one hundred and eightieth)] day from the Appointed Date shall be the scheduled date for completion of the construction of the Maintenance Depots (the “Scheduled Maintenance Depot Completion Date”) and the Operator agrees and undertakes that the Maintenance Depot shall be completed on or before the Scheduled Maintenance Depot Completion Date. [For the avoidance of doubt, it is agreed that the Maintenance Depot Completion Schedule and Scheduled Maintenance Depot Completion Date shall not apply to Real Estate Development.] 12.5.2 The Operator shall construct the Maintenance Depot in accordance with the Maintenance Depot Completion Schedule set forth in Schedule-E. In the event that the Operator fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-E, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Maintenance Depot Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-E shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-E has been amended as above; provided further that in the event Maintenance Depot Completion is achieved on or before the Scheduled Maintenance Depot Completion Date, the Damages paid under this Clause 12.5.2 shall be refunded by the Authority to the Operator, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.5.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 12.5.3 In the event that the Maintenance Depot is not completed and Maintenance Depot Completion Date does not occur within [270 (two hundred and seventy) days] from the Scheduled Maintenance Depot Completion Date, unless the delay is on account of reasons attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement.

Completion of the Maintenance Depots. 12.5.1 On and from the date on which the Authority hands over possession of each of the Maintenance Depots to the Operator pursuant to Clause 10.2.4, 10.2.5 or after 10.2.6, as the Appointed Datecase may be, the Operator shall undertake construction of the Fit Out Works for such Maintenance Depots as specified in Schedule-E, and Depot in conformity with the Specifications and Standards set forth in Schedule-B. The [180th Subject to Clause 10.2.6, the Operator shall complete the Fit Out Works within 6 (one hundred and eightieth)] day six) weeks subject to Clause 10.2.27 from the Appointed Date shall be date on which each Maintenance Depot is handed over by the scheduled Authority pursuant to Clause 10.2.4 and 10.2.5 (each date for completion of the construction of the Maintenance Depots (the “Scheduled Maintenance Depot Completion Date”) and the Operator agrees and undertakes that the Maintenance Depot shall be completed on or before the Scheduled Maintenance Depot Completion Date. [For the avoidance of doubt, it is agreed that the Maintenance Depot Completion Schedule and Scheduled Maintenance Depot Completion Date shall not apply to Real Estate Development.] 12.5.2 The Operator shall construct the Maintenance Depot in accordance with the Maintenance Depot Completion Schedule set forth in Schedule-E. In the event that the Operator fails to achieve any Project Milestone within a period complete the Fit Out Works by the Scheduled Maintenance Depot Completion Date (as may be extended in accordance with the terms of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-E, unless this Agreement),unless such failure has occurred due to Force Majeure or for reasons attributable to the Authoritya Delay Event, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security per bus times the number of buses allocated to the specific depot for delay of each day of delay until such Project Milestone is achieved; provided that if any or all Project Milestones or the Fit Out Works are completed and the relevant Maintenance Depot Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-E shall be deemed is ready to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-E has been amended as above; provided further that in the event Maintenance Depot Completion is achieved on or before the Scheduled Maintenance Depot Completion Date, the Damages paid under this Clause 12.5.2 shall be refunded by the Authority to the Operator, but without any interest thereonput into commercial operation. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.5.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 12.5.3 In the event that the Maintenance Depot is not completed and Completion Date, for any Maintenance Depot Completion Date Depot, does not occur within [270 (two hundred and seventy) days] days from the relevant Scheduled Maintenance Depot Completion DateDate (as may be extended in accordance with the terms of this Agreement), unless the delay is on account of reasons attributable to the Authority or due to Force Majeurea Delay Event, the Authority shall be entitled to terminate this AgreementAgreement for an Operator Default and the consequences of such termination as set out in Article 33 shall apply. 12.5.4 Upon completion of the Fit Out Works at each Maintenance Depot, the Operator shall issue a notice to the Authority pursuant to which the Authority, or the Authority’s Representative, shall, within 7 (seven) days from the date of such notice, inspect the Maintenance Depot to assess its conformity with the Specifications and Standards. If the Maintenance Depot complies with the Specifications and Standards, the Authority shall issue a completion certificate for the Maintenance Depot (“Maintenance Depot Completion Certificate”). If, however, pursuant to any inspection undertaken by the Authority, or the Authority’s Representative, any defects or deficiencies are identified in the Maintenance Depot, the Operator shall, no later than 30 (thirty) days from the date of such notice, rectify and remedy such defects or deficiencies and shall issue a notice to the Authority pursuant to which the Authority may re-inspect the Maintenance Depot. The process set out in this Clause 12.5.4 shall continue until all defects and deficiencies in the Maintenance Depot have been rectified and the Authority has issued the Maintenance Depot Completion Certificate for such Maintenance Depot.

Completion of the Maintenance Depots. 12.5.1 On or after the Appointed Date, the Operator shall undertake construction of the Maintenance Depots as specified in Schedule-E, and in conformity with the Specifications and Standards set forth in Schedule-B. The [180th (one hundred and eightieth)180] day from the Appointed Date shall be the scheduled date for completion of the construction of the Maintenance Depots (the “Scheduled Maintenance Depot Completion Date”) and the Operator agrees and undertakes that the Maintenance Depot shall be completed on or before the Scheduled Maintenance Depot Completion Date. [For the avoidance of doubt, it is agreed that the Scheduled Maintenance Depot Completion Schedule and Scheduled Maintenance Depot Completion Date shall not apply to Real Estate Development.] 12.5.2 The Operator shall construct the Maintenance Depot in accordance with the Maintenance Depot Completion Schedule set forth in Schedule-E. In the event that the Operator fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-E, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Maintenance Depot Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-E shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-E has been amended as above; provided further that in the event Maintenance Depot Completion is achieved on or before the Scheduled Maintenance Depot Completion Date, the Damages paid under this Clause 12.5.2 shall be refunded by the Authority to the Operator, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.5.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 12.5.3 In the event that the Maintenance Depot is not completed and Maintenance Depot Completion Date does not occur within [270 (two hundred and seventy) days] from the Scheduled Maintenance Depot Completion Date, unless the delay is on account of reasons attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement.