Common use of Damages for breach of maintenance obligations Clause in Contracts

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. 17.5.2 The Damages set forth in Clause 17.5.1 may be assessed and specified forthwith by the Independent Expert; provided that Authority may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire is otherwise in compliance with its obligations hereunder. The Concessionaire shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution Procedure shall apply.

Damages for breach of maintenance obligations. 17.5.1 In the event that the Concessionaire 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 cured, at 0.1the rate of 0.01% (zero point zero one per cent) of the cost of such repair or rectification as estimated by the Independent ExpertPerformance Security. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 17.5.2 The Damages set forth in Clause 17.5.1 may be assessed and specified forthwith by the Independent ExpertAuthority; provided that the Authority may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire Operator is otherwise in compliance with its obligations hereunderMaintenance Obligations. The Concessionaire Operator shall pay such Damages forthwith and and, in the event event, that it contests such Damages, the Dispute Resolution Procedure shall apply.

Damages for breach of maintenance obligations. 17.5.1 In the event that the Concessionaire 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 cured, at 0.1% the rate of INR 2,500 (zero point one Rupees Twenty Five Hundred) per cent) of the cost of such repair or rectification as estimated by the Independent Expertbus. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 17.5.2 The Damages set forth in Clause 17.5.1 may be assessed and specified forthwith by the Independent ExpertAuthority; provided that the Authority may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire Operator is otherwise in compliance with its obligations hereunderMaintenance Obligations. The Concessionaire Operator shall pay such Damages forthwith and and, in the event event, that it contests such Damages, the Dispute Resolution Procedure shall apply.

Damages for breach of maintenance obligations. 17.5.1 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 0.1% (zero point one per cent) of the cost of such repair or rectification as estimated by the Independent Expert. Expert Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 17.5.2 17.8.2 The Damages set forth in Clause 17.5.1 17.8.1 may be assessed and specified forthwith by the Independent Expert; provided that Authority may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire is otherwise in compliance with its obligations hereunder. The Concessionaire shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution Procedure shall apply.

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 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 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. 17.5.2 The Damages set forth in Clause 17.5.1 may be assessed and specified forthwith by the Independent Expert; provided that the Authority may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire is otherwise in compliance with its obligations hereunder. The Concessionaire shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution Procedure shall apply.