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

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. 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. 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 (bor(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;