Common use of Construction of the Railway Project Clause in Contracts

Construction of the Railway Project. 10.3.1 The Contractor shall construct the Railway Project as specified in Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. For works involving existing yards, the non-interlocking programme for each year shall be drawn by the Authority’s Engineer and provided to the Contractor. The Contractor and the Authority’s Engineer, within a period of 30 days, will discuss the same and issue a jointly agreed NI programme. The execution of work during the non-interlocking period will be the responsibility of the Contractor. The work during non-interlocking period in yards will be executed directly under the supervision of Railways, however, the timely completion of NI working will be the responsibility of the Contractor. The [900th (nine hundredth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Railway Project in accordance with the Project Completion Schedule set forth in Schedule-I. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-I, 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 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance of the provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten per cent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority’s Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority’s Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Railway Project. 10.3.1 11.3.1 The Contractor Concessionaire shall construct undertake Construction of the Railway Project as specified in Schedule- Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor Concessionaire shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. For works Works involving existing yards, the non-interlocking programme for each year shall be drawn by the Authority’s Authority‟s Engineer and provided to the ContractorConcessionaire. The Contractor Concessionaire and the Authority’s Authority‟s Engineer, within a period of 30 days, will discuss the same and issue a jointly agreed NI programme. The execution of work during the non-non- interlocking period will be the responsibility of the ContractorConcessionaire. The work during non-interlocking period in yards will be executed directly under the supervision of Railways, however, the timely completion of NI working will be the responsibility of the ContractorConcessionaire. The [900th (nine hundredth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 11.3.2 The Contractor Concessionaire shall construct the Railway Project in accordance with the Project Completion Schedule set forth in Schedule-I. H. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IH, 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 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I Schedule-H and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I H shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I H has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 11.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 11.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.211.4.2. 10.3.3 11.3.3 The Authority shall notify the Contractor Concessionaire of its decision to impose Damages in pursuance of the provisions of this Clause 10.311.3. Provided, however, that no deduction appropriation from the Performance Security on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor Concessionaire within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 11.3.2 shall not exceed 10% (ten per centpercent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority’s Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority’s Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Railway Project. 10.3.1 The Contractor shall construct the Railway Project as specified in Schedule- Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. For works involving existing yards, the non-interlocking programme for each year yard shall be drawn by the AuthoritySPV’s Engineer and provided to the Contractor. The Contractor and the AuthoritySPV’s EngineerEngineer , within a period of 30 days, will discuss the same and issue a jointly agreed NI programme. The execution of work during the non-interlocking period will be the responsibility of the Contractor. The work during non-interlocking period in yards will be executed directly under the supervision of Railways, however, the timely completion of NI working will be the responsibility of the Contractor. The [900th (nine hundredth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Railway Project in accordance with the Project Completion Schedule set forth in Schedule-I. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-I, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority SPV in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority SPV to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority SPV under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority SPV shall notify the Contractor of its decision to impose Damages in pursuance of the provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority SPV without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten per cent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority’s Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority’s Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.Xxxxxx

Construction of the Railway Project. 10.3.1 The Contractor shall construct the Railway Project as specified in Schedule- Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. For works involving existing yards, the non-interlocking programme for each year yard shall be drawn by the Authority’s Authority Engineer and provided to the Contractor. The Contractor and the Authority’s Authority Engineer, within a period of 30 days, will discuss the same and issue a jointly agreed NI programme. The execution of work during the non-interlocking period will be the responsibility of the Contractor. The work during non-interlocking period in yards will be executed directly under the supervision of Railways, however, the timely completion of NI working will be the responsibility of the Contractor. The [900th (nine hundredth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Railway Project in accordance with the Project Completion Schedule set forth in Schedule-I. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-I, 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 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance of the provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten per centpercent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority’s Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority’s Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Railway Project. 10.3.1 11.3.1 The Contractor Concessionaire shall construct undertake construction of the Railway Project as specified in Schedule- Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor Concessionaire shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. For works involving existing yards, the non-interlocking programme for each year shall be drawn by the Authority’s Engineer and provided to the ContractorConcessionaire. The Contractor Concessionaire and the Authority’s Engineer, within a period of 30 days, will discuss the same and issue a jointly agreed NI programme. The execution of work during the non-interlocking period will be the responsibility of the ContractorConcessionaire. The work during non-non- interlocking period in yards will be executed directly under the supervision of Railways, however, the timely completion of NI working will be the responsibility of the ContractorConcessionaire. The [900th (nine hundredth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 11.3.2 The Contractor Concessionaire shall construct the Railway Project in accordance with the Project Completion Schedule set forth in Schedule-I. H. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IH, 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 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I Schedule-H and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I H shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I H has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 11.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 11.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.211.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance of the provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten per cent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority’s Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority’s Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Railway Project. 10.3.1 The Contractor shall construct the Railway Project as specified in Schedule- Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. For works involving existing yards, the non-interlocking programme for each year yard shall be drawn by the Authority’s Authority Engineer and provided to the Contractor. The Contractor and the Authority’s Authority Engineer, within a period of 30 days, will discuss the same and issue a jointly agreed NI programme. The execution of work during the non-non- interlocking period will be the responsibility of the Contractor. The work during non-interlocking period in yards will be executed directly under the supervision of Railways, however, the timely completion of NI working will be the responsibility of the Contractor. The [900th 600th (nine hundredth) Six hundredth day)] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Railway Project in accordance with the Project Completion Schedule set forth in Schedule-I. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-I, 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 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - Schedule-I and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance of the provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten per cent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of a running track, may require prior sanction of the Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority’s Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority’s Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Railway Project. 10.3.1 The Contractor shall construct the Railway Project as specified in Schedule- Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. For works involving existing yards, the non-non- interlocking programme Programme for each year yard shall be drawn by the Authority’s Authority Engineer and provided to the Contractor. The Contractor and the Authority’s Authority Engineer, within a period of 30 days, will discuss the same and issue a jointly agreed NI programmeProgramme. The execution of work during the non-interlocking period will be the responsibility of the Contractor. The work during non-interlocking period in yards will be executed directly under the supervision of Railways, however, the timely completion of NI working will be the responsibility of the Contractor. The [900th (nine hundredth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Railway Project in accordance with the Project Completion Schedule set forth in Schedule-I. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-I, 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 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance of the provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten per cent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority’s Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority’s Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.Clause

Construction of the Railway Project. 10.3.1 The Contractor shall construct the Railway Project as specified in Schedule- Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. For works involving existing yards, the non-interlocking programme for each year yard shall be drawn by the Authority’s Authority Engineer and provided to the Contractor. The Contractor and the Authority’s Authority Engineer, within a period of 30 days, will discuss the same and issue a jointly agreed NI programme. The execution of work during the non-non- interlocking period will be the responsibility of the Contractor. The work during non-interlocking period in yards will be executed directly under the supervision of Railways, however, the timely completion of NI working will be the responsibility of the Contractor. The [900th 450th (nine hundredthFour hundreds and fifty) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Railway Project in accordance with the Project Completion Schedule set forth in Schedule-I. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-I, 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 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - Schedule-I and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance of the provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten per cent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority’s Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority’s Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.Clause