Damages for breach of maintenance obligations. 17.8.1 In the event that the Concessionaire fails to repair or rectify any defect or deficiency set forth in the Maintenance Requirements within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at the higher of (a) 0.5% (zero point five per cent) of Performance Guarantee, and (b) 0.1% (zero point one per cent) of the cost of such repair or rectification as estimated by the Independent Engineer. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.
Damages for breach of maintenance obligations. 16.5.1 In the event that the Concessionaire fails to repair or rectify any defect or deficiency set forth in the Safety Requirements, Service Requirements and Maintenance Requirements within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at [●]. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.
Damages for breach of maintenance obligations. 14.5.1 In the event that the Operator fails to repair or rectify any defect or deficiency set forth in the O&M Inspection Report under Article 15 and/ or fails to repair or rectify any defect or deficiency notified in respect of any of the activities comprising the Operation and Maintenance Standards within the period specified therein, the Operator shall be deemed to be in breach of this Contract and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at the higher of (a) 0.3% (zero point three per cent) of the Performance Security, or (b) 5% (five per cent) of the cost of such repair or rectification as estimated by the Authority. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Contract, including the right of Termination thereof;
Damages for breach of maintenance obligations. 17.5.1 In the event that the Concessionaire fails to repair or rectify any defect or deficiency set forth in the Maintenance Requirements within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured at 0.1% (zero point one per cent) of the cost of such repair or rectification as estimated by the Independent Expert. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.
Damages for breach of maintenance obligations. 16.5.1 In the event that the Concessionaire fails to repair or rectify any defect or deficiency set forth in the Maintenance Requirements within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at 0.02% (zero point zero two per cent) of the Performance Security.
Damages for breach of maintenance obligations. 17.8.1 In the event that the Concessionaire fails to repair or rectify any defect or deficiency set forth in the Maintenance Requirements within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at the higher of (a) 0.5% (zero point five per cent) of Average Daily Fee, and (b) 0.1% (zero point one per cent) of the cost of such repair or rectification as estimated by the Independent Engineer. Notwithstanding anything contained in this agreement, should the actual traffic exceed the design capacity, during any year or part thereof and the Concessionaire fails to repair or rectify any defect or deficiency set forth in the Maintenance Requirements within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled, from such date, to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at the higher of (a) 5% (five per cent) of Average Daily Fee, and (b) 1% (one per cent) of the cost of such repair or rectification as estimated by the Independent Engineer, for the balance period of the concession. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.
Damages for breach of maintenance obligations. 17.5.1 In the event that the Operator fails to repair or rectify any defect or deficiency in a Bus, as set forth in the Maintenance Requirements and within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at the rate of 0.01% (zero point zero one per cent) of the Performance Security. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.
Damages for breach of maintenance obligations. 16.5.1 In the event that the Concessionaire fails to repair or rectify any defect or deficiency set forth in the Maintenance Requirements within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each week of delay until the breach is cured, at 1.5% (one point five per cent) of the Operations Performance Security per week till a maximum of 60 (sixty) days, post which the Authority shall have the right to issue Notice of Breach to the Concessionaire, leading to termination of the Agreement in accordance with ARTICLE 25.
Damages for breach of maintenance obligations. 18.7.1 In the event the Concessionaire does not maintain and/ or repair the Project or a part thereof up to and in accordance with the Specifications and Standards and/or in accordance with the Maintenance Programme or the Maintenance Manual, and shall have failed to commence remedial works within 15 (fifteen) days of receipt of notice in this behalf from Authority, or the O&M Inspection Report, as the case may be, Authority shall, without prejudice to its rights under this Agreement, including Termination thereof, be entitled to undertake the repair and maintenance of the Project at the risk and cost of the Concessionaire and to recover the same from the Concessionaire. In addition to recovery of the aforesaid cost of repair and maintenance by the Authority, a sum equal to 25% (twenty-five per cent) of such cost shall also be recovered by the Authority from the Concessionaire as Damages. The Authority shall have the right and the Concessionaire hereby expressly grants to the Authority the right to recover the same directly from the Escrow Account and for that purpose the Concessionaire hereby expressly authorizes Authority and hereby gives irrevocable instructions to the Escrow Bank to make payment from the Escrow Account in accordance with the instructions of Authority under this Clause.
Damages for breach of maintenance obligations. Subject to Clause 17.13(d), in the event that the Service Provider fails to repair or rectify any Defect identified in Annex 1 to the maintenance requirements set out in the Output Specifications within the period specified therein to conform with the Output Specification, it shall be deemed to be in breach of this Agreement and the Contracting Authority shall be entitled to make Adjustments in accordance with the Payment Mechanism , the making of such Adjustments shall be without prejudice to the rights of the Contracting Authority under this Agreement, including the right of Termination thereof.
