Common use of CONSTRUCTION OF THE RAIL SYSTEM Clause in Contracts

CONSTRUCTION OF THE RAIL SYSTEM. 12.3.1 On or after the Appointed Date, the Concessionaire shall undertake construction of the Rail System as specified in Schedule B and Schedule C, and in conformity with the Specifications and Standards set forth in Schedule D. The [1460thday] from the Appointed Date shall be the scheduled date for completion of the Project (the “Scheduled Completion Date”) and the Concessionaire agrees and undertakes that construction of the Rail System shall be completed on or before the Scheduled Completion Date. 12.3.2 The Concessionaire shall construct the Rail System in accordance with the Project Completion Schedule set forth in Schedule G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Milestone in Schedule G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to MOR, it shall pay Damages to MOR 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 Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule G has been amended as above; provided further that in the event Project Completion Date is †† Please insert all the relevant particulars forming part of the Drawings, which the Government will approve, such as design for interconnection, integration of signalling system etc. achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 12.3.2 shall be refunded by MOR to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of MOR under this Agreement, including the right of Termination thereof. 12.3.3 In the event that the Rail System is not completed within 270 (two hundred and seventy) days from the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to MOR or due to Force Majeure, MOR shall be entitled to terminate this Agreement.

CONSTRUCTION OF THE RAIL SYSTEM. 12.3.1 On or after the Appointed Date, the Concessionaire shall undertake construction of the Rail System as specified in Schedule B and Schedule C, and in conformity with the Specifications and Standards set forth in Schedule D. The [1460thday] from the Appointed Date shall be the scheduled date for completion of the Project (the “Scheduled S‡cheduled Completion Date”) and the Concessionaire agrees and undertakes that Date · D Q iGre agreesWandKundHertakes t&hat R Q F H construction of the Rail System shall be completed on or before the Scheduled Completion Date. 12.3.2 The Concessionaire shall construct the Rail System in accordance with the Project Completion Schedule set forth in Schedule G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Milestone in Schedule G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to MOR, it shall pay Damages to MOR 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 Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule G has been amended as above; provided further that in the event Project Completion Date is †† Please insert all the relevant particulars forming part of the Drawings, which the Government will approve, such as design for interconnection, integration of signalling system etc. achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 12.3.2 shall be refunded by MOR to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of MOR under this Agreement, including the right of Termination thereof. 12.3.3 In the event that the Rail System is not completed within [270 (two hundred and seventy) days )] `da` ys from the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to MOR or due to Force Majeure, MOR shall be entitled to terminate this Agreement.

CONSTRUCTION OF THE RAIL SYSTEM. 12.3.1 12.4.1 On or after the Appointed Date, the Concessionaire shall undertake construction of the Rail System as specified in Schedule Schedule-B and Schedule Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule Schedule-D. The [1460thday] 1826th day (one thousand eight hundred and twenty sixth day) from the Appointed Date shall be the scheduled date for completion of the Project (the “Scheduled Completion Date”) and the Concessionaire agrees and undertakes that construction of the Rail System shall be completed on or before the Scheduled Completion Date. For the avoidance of doubt, it is agreed that the Project Completion Schedule and Scheduled Completion Date shall not apply to Real Estate Development. 12.3.2 12.4.2 The Concessionaire shall construct the Rail System in accordance with the Project Completion Schedule set forth in Schedule Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Milestone in Schedule Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to MORthe Government, it shall pay Damages to MOR the Government 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 Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule Schedule-G has been amended as above; provided further that in the event Project Completion Date is †† Please insert all the relevant particulars forming part of the Drawings, which the Government will approve, such as design for interconnection, integration of signalling system etc. achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 12.3.2 12.4.2 shall be refunded by MOR the Government to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 12.4.2 shall be without prejudice to the rights of MOR the Government under this Agreement, including the right of Termination thereof. 12.3.3 12.4.3 In the event that the Rail System is not completed within 270 (two hundred and seventy) days from the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to MOR the Government or due to Force Majeure, MOR the Government shall be entitled to terminate this Agreement.

CONSTRUCTION OF THE RAIL SYSTEM. 12.3.1 On or after the Appointed Date, the Concessionaire shall undertake construction of the Rail System as specified in Schedule B and Schedule C, and in conformity with the Specifications and Standards set forth in Schedule D. The [1460thday] from the Appointed Date shall be the scheduled date for completion of the Project (the “Scheduled Completion Date”) and the Concessionaire agrees and undertakes that construction of the Rail System shall be completed on or before the Scheduled Completion Date. 12.3.2 The Concessionaire shall construct the Rail System in accordance with the Project Completion Schedule set forth in Schedule G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Milestone in Schedule G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to MOR, it shall pay Damages to MOR 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 Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule G has been amended as above; provided further that in the event Project Completion Date is †† Please insert all the relevant particulars forming part of the Drawings, which the Government will approve, such as design for interconnection, integration of signalling system etc. achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 12.3.2 shall be refunded by MOR to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of MOR under this Agreement, including the right of Termination thereof. 12.3.3 In the event that the Rail System is not completed within [270 (two hundred and seventy) )] ‡‡ days from the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to MOR or due to Force Majeure, MOR shall be entitled to terminate this Agreement.