Common use of Damages for delay by the Authority Clause in Contracts

Damages for delay by the Authority. ‌ In the event that (a) the Authority does not procure fulfillment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof (including any extension of time granted), and (b) the delay has not occurred as a result of failure of the Mine Operator to fulfill the obligations under Clause 4.1.2, or as a result of breach of any provisions of this Agreement by the Mine Operator or due to Force Majeure, the Authority shall pay to the Mine Operator, Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each week, or part of a week, of delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to a maximum amount of 20% (twenty per cent) of the Performance Security.

Appears in 1 contract

Samples: Contract Agreement

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Damages for delay by the Authority. In the event that that: (ai) the Authority does not procure fulfillment fulfilment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 4.1.2 within the period specified in respect thereof (including any extension of time granted)thereof, and (bii) the delay has not occurred as a result of failure of the Mine Operator to fulfill the obligations under Clause 4.1.2, or as a result of breach of any provisions of this Agreement by the Mine Operator Concessionaire or due to Force MajeureMajeure Event, the Authority shall extend the Concession Period for a period reckoned on a day to day basis, equivalent to the number of days of delay attributable to the Authority, the Authority shall pay Damages to the Mine Operator, Damages in Concessionaire of an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each week, or part of a week, of day's delay until the fulfillment fulfilment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to a maximum amount of 20% (twenty per cent) of equal to the Performance Bid Security.

Appears in 1 contract

Samples: Concession Agreement

Damages for delay by the Authority. In the event that (a) the Authority does not procure fulfillment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof (including any extension of time granted), and (b) the delay has not occurred as a result of failure of the Mine Operator to fulfill the obligations under Clause 4.1.2, 4.1.2 or as a result of breach of breachof any provisions of this Agreement by the Mine Operator or due to Force Majeure, the Authority shall pay to the Mine Operator, Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each week, or part of a week, ,of delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to a maximum amount of 20% (twenty per cent) of the Performance Security.

Appears in 1 contract

Samples: Contract Agreement

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Damages for delay by the Authority. In the event that (a) the Authority does not procure fulfillment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof (including any extension of time granted), and (b) the delay has not occurred as a result of failure of the Mine Operator to fulfill the obligations under Clause 4.1.2, 4.1.2 or as a result of breach of any provisions of this Agreement by the Mine Operator or due to Force Majeure, the Authority shall pay to the Mine Operator, Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each week, or part of a week, of delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to a maximum amount of 20% (twenty per cent) of the Performance Security.

Appears in 1 contract

Samples: Contract Agreement

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