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

Damages for breach of maintenance service obligations. 12.4.1 In mutual consultation with the Authority the Contractor shall provide a maintenance schedule with an agreed time for rectifying any maintenance related damages/repair for each maintenance type. In the event that the Contractor 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 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 rate of 1 % (one percent) of the monthly maintenance instalment for each instance of breach. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Contract, including the right of Termination thereof. 12.4.2 The Damages set forth in Clause 12.4.1 may be assessed and specified forthwith by the Authority. The Contractor shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution Procedure shall apply. The maximum Damages on account of the default in terms of the Clause 12.4 shall be capped at 20% of the monthly instalment of maintenance fee. If the instances of 20% penalty as stated above occurs more than 3 (three) times during a 12 (twelve) month period, the Authority may initiate the termination process as per Clause 16.1 12.4.3 If the Contractor fails to pay the amount of Damages within the said period of 7 (seven) days of its demand, the Authority shall be entitled to recover the said amount of the liquidated damages by invoking the Performance Guarantee. If the then Contract Performance Guarantee is for an amount which is less than the amount of the liquidated damages payable by the Contractor to the Authority under this Clause 12.4, the Contractor shall be liable to forthwith pay the balance amount. For avoidance of doubt it is clarified that this clause will survive the termination or expiry of this Contract.

Damages for breach of maintenance service obligations. 12.4.1 In mutual consultation with the Authority the Contractor shall provide a maintenance schedule with an agreed time for rectifying any maintenance related damages/repair for each maintenance type. In the event that the Contractor fails to repair or rectify any defect or deficiency set forth in the maintenance requirements within the period specified thereintherein , it 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 rate of 1 % (one percent) of the monthly maintenance instalment for each instance of breach. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Contract, including the right of Termination thereof. 12.4.2 The Damages set forth in Clause 12.4.1 may be assessed and specified forthwith by the Authority. The Contractor shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution Procedure shall apply. The maximum Damages on account of the default in terms of the Clause 12.4 shall be capped at 20% of the monthly instalment of maintenance fee. If the instances of 20% penalty as stated above occurs more than 3 (three) times during a 12 (twelve) month period, the Authority may initiate the termination process as per Clause 16.1 12.4.3 If the Contractor fails to pay the amount of Damages within the said period of 7 (seven) days of its demand, the Authority shall be entitled to recover the said amount of the liquidated damages by invoking the Performance Guarantee. If the then Contract Performance Guarantee is for an amount which is less than the amount of the liquidated damages payable by the Contractor to the Authority under this Clause 12.4, the Contractor shall be liable to forthwith pay the balance amount. For avoidance of doubt it is clarified that this clause will survive the termination or expiry of this Contract.

Damages for breach of maintenance service obligations. 12.4.1 In mutual consultation with the Authority Authority, the Contractor shall provide a maintenance schedule with an agreed time for rectifying any maintenance related damages/repair for each maintenance type. In the event that the Contractor 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 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 rate of 1 % (one percent) of the monthly maintenance instalment fee amount calculated pro rata with reference to actual quarterly payment in terms hereof, for each instance of breach. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Contract, including the right of Termination thereof. 12.4.2 The Damages set forth in Clause 12.4.1 may be assessed and specified forthwith by the Authority. The Contractor shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution Procedure dispute resolution procedure shall apply. The maximum Damages on account of the default in terms of the Clause 12.4 shall be capped at 20% of the monthly instalment of maintenance fee. If the instances of 20% penalty as stated above occurs more than 3 (three) times during a 12 (twelve) month period, the Authority may initiate the termination process as per Clause 16.1. 12.4.3 If the Contractor fails to pay the amount of Damages within the said period of 7 (seven) days of its demand, the Authority shall be entitled to recover the said amount of the liquidated damages by invoking the Performance Guarantee. If the then Contract Performance Guarantee is for an amount which is less than the amount of the liquidated damages payable by the Contractor to the Authority under this Clause 12.4, the Contractor shall be liable to forthwith pay the balance amount. For avoidance of doubt it is clarified that this clause will survive the termination or expiry of this Contract.

Damages for breach of maintenance service obligations. 12.4.1 In mutual consultation with the Authority the Contractor Service Provider shall provide a maintenance schedule with an agreed time for rectifying any maintenance related damages/repair for each maintenance type. In the event that the Contractor Service Provider 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 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 based on the rate of 1 % (one percent) of the monthly maintenance instalment for each instance of breachservice levels defined in contract. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Contract, including the right of Termination thereof. 12.4.2 The Damages set forth in Clause 12.4.1 may be assessed and specified forthwith by the Authority. The Contractor Service Provider shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution Procedure shall apply. The maximum Damages on account of the default in terms of the Clause 12.4 shall be capped at 20% of the monthly instalment of maintenance fee. If the instances of 20% penalty as stated above occurs more than 3 (three) times during a 12 (twelve) month period, the Authority may initiate the termination process as per Clause 16.1clause 11.3. 12.4.3 If the Contractor Service Provider fails to pay the amount of Damages within the said period of 7 (seven) days of its demand, the Authority shall be entitled to recover the said amount of the liquidated damages by invoking the Performance Guarantee. If the then Contract Performance Guarantee is for an amount which is less than the amount of the liquidated damages payable by the Contractor Service Provider to the Authority under this Clause 12.4, the Contractor Service Provider shall be liable to forthwith pay the balance amount. For avoidance of doubt it is clarified that this clause will survive the termination or expiry of this Contract.