Damages for delay. Subject to the provisions of Clause 12.4, if COD does not occur prior to the 91st day after the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until COD is achieved.
Damages for delay. Subject to the provisions of Clause 12.4, if COD of Bus Terminal or COD of Commercial Complex does not occur prior to the 91st day after the Scheduled Completion Date or Scheduled Completion Date of Commercial Complex, as the case may be, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security or Performance Guarantee, as the case may be, for delay of each day until COD of Bus Terminal or COD of Commercial Complex is achieved.
Damages for delay. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as shall ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete said work within such time, County will be entitled to the resulting damages caused by the delay. Damages will be the cost to County incurred as a result of continuing the current level and type of service over that cost that would be incurred had the Agreement segments been completed by the time frame stipulated and any other damages suffered by County.
Damages for delay. Subject to the provisions of Clause 12.3, if COD does not occur prior to the 91st (ninety first) day after the Scheduled Completion Date, unless the delay is on account of reasons attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.2% (zero point two per cent) of the amount of Performance Security for delay of each day until COD is achieved. Upon failure of the Concessionaire to pay the said Damages, the same shall be paid along with interest of Bank Rate plus 3% and shall be deducted from the 1st (first) Annuity Payment. In case the Damages and the interest thereof are more than the 1st Annuity payment then the balance Damages along with interest thereof shall be recovered from any further amount due and payable to the Concessionaire excluding O&M Payments but including interest to be paid on reducing balance of the Completion Cost remaining to be paid along with the 1st Annuity or from further Annuity payments.
Damages for delay. If COD for the Project does not occur on the Scheduled Completion Date unless the delay is due to Force Majeure, the Concessionaire shall pay additional fees to Maha-Metro amounting to Rs. 2.00
Damages for delay. In case of any delay in completion of the project for reasons attributable to the Agency, the Company shall recover damages from the Agency of a sum equal to the amount levied, imposed, or recovered from the Company by its Employer under the Main Contract.
Damages for delay. 12.2.1 If either Party is not able to achieve COD for respective Lot of Buses within 45 (forty five) days from the date of procurement or handover, as the case may be, of such Lot of Buses, such Party shall be entitled to a further period not exceeding [45 (forty five)] days, or any such period as may be decided by the Authority, subject to payment of Damages to the other non-defaulting Party at the rate of {Rs. 1000 (one thousand rupees)} per Bus for each day of delay; provided further that no Damages shall be payable if such delay in achieving COD for respective Lot of Buses, has occurred solely as a result of delay in achieving Readiness for Commencement of Bus Service due to Force Majeure or due to any act of the non-defaulting Party;
12.2.2 In case the defaulting party as discussed above, is the Operator, then the Damages shall be due to be payable by the Operator from its own financial sources, within 7 (seven) days of receipt of written notification in this regard from the Authority. If the Operator fails to pay the Damages within 7 (seven) days of notification, then the amount of Damages in question will be deducted from the O&M Fee payment of the Operator and/ or appropriated from the Performance Security of the Operator. Where the Authority is in default of achieving its readiness related activities as stipulated under Clause 12.1, the Authority shall pay the aforesaid Damages to the Operator within 10 (ten) days of receipt of written notification in this regard from the Operator through the Escrow Account;
Damages for delay. XXXXX X. XXXXXXXXX Pres. & COO, PAGCOR The CONTRACTOR shall pay a penalty of one-tenth of one percent (1/10 of 1%) of the total contract price for each day of delay, including Sundays and Holidays, beyond the specific period for the delay in the delivery of the System to PAGCOR and/or in the performance of the allied services in Article I. Once the cumulative amount of liquidated damages reaches ten percent (10%) of the amount of the contract, PAGCOR shall have the option to rescind the contract, without prejudice to other courses of action and remedies open to it. In case the CONTRACTOR still fails to provide the System and the allied services after the lapse of thirty (30) days from the supposed date scheduled by PAGCOR, in addition to the penalties agreed upon, PAGCOR shall have the option to terminate the agreement.
Damages for delay. 15.2.1 The Concessionaire hereby agrees and undertakes that itself shall achieve COD within 180 (One Hundred Eighty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period not exceeding 120 (One Twenty) days , subject to payment of Damages to the Authority in a sum calculated at the rate of 0.1% (Zero point one per cent) of the Performance Security for each day of delay; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 (One Hundred Eighty ) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in COD has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 of due to Force Majeure.
15.2.2 The Concessionaire shall, upon occurrence of COD, notify the Authority forthwith.
Damages for delay. Contractor shall complete the services within the time prescribed in Article V hereof. Should CONTRACTOR incur delay in its performance, Contractor shall pay a penalty of one-tenth of one percent (1/10 of 1%) of the total cost for each day of delay, including Sundays and Holidays, beyond the specific period. The maximum deduction shall be ten percent (10%) of the amount of the contract. Once the cumulative amount of liquidated damages reaches ten percent (10%) of the amount of the contract, PAGCOR shall have the option to rescind the contract, without prejudice to other courses of action and remedies open to it. In case Contractor still fails to deliver the services after the lapse of 30 days from the supposed date of delivery as provided for in Article V, in addition to the forfeiture of the bond and the penalties agreed upon, PAGCOR shall have the option to terminate the agreement.
