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

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of failure to fulfill the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.3% (zero point three per cent) of the Performance Security for each day’s delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the maximum limit equal to the amount of the Bid Security and upon reaching such limit, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment fulfilment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereofthat Clause, and (ii) the delay has not occurred as a result of failure to fulfill fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.3% (zero point three per cent) of the Performance Security for each day’s delay until the fulfillment fulfilment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit amount equal to the amount of the Bid Security Security, and upon reaching such limitmaximum, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that that: (i) the Concessionaire does not procure fulfillment fulfilment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof, that Clause; and (ii) the delay has not occurred as a result of failure to fulfill the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force MajeureMajeure Event, the Concessionaire shall pay Damages to the Authority Damages in of an amount calculated at the rate of [0.3% (zero point three per cent) )] of the Performance Security for each day’s delay until the fulfillment fulfilment or waiver of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject up to the maximum limit amount equal to the amount of the Bid Security and upon reaching such limitmaximum amount, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or and payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment fulfilment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereofthat Clause, and (ii) the delay has not occurred as a result of failure to fulfill fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.3% (zero point three per centpercent) of the Performance Security for each day’s day‟s delay until the fulfillment fulfilment of such Conditions Precedent. Precedent Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit amount equal to the amount of the Bid Security and upon reaching such limitmaximum, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Agreement Provided further that in the event of delay by the Authority in procuring fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2, 4.1.2 no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of failure to fulfill fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.3% (zero point three per cent) of the Performance Security for each day’s delay until the fulfillment fulfilment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the maximum limit equal to the 20% of the amount of the Bid Performance Security and upon reaching such limit, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment of any or all waiver of any or allof the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the period specified in respect thereofdate of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfill the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.30.1% (zero point three two per cent) of the Performance Security for each day’s delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit equal to the amount of 20% (twenty percent) of the Bid Performance Security and upon reaching such limitmaximum , the Authority mayAuthority, in its sole discretion and subject to the provisions provision of Clause clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment of the Conditions Precedent specified in Clause clause 4.1.2, no Damages damages shall be due or & and payable by the Concessionaire under this Clause clause 4.3 until the date on which the Authority shall have procured fulfillment of the Conditions Precedent specified in Clause clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of failure to fulfill the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Authority, Damages in an amount calculated at the rate of 0.30.2% (zero point three two per cent) of the Performance Security for each day’s delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit equal to the amount of 20% (twenty percent) of the Bid Performance Security and upon reaching such limit, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment fulfilment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereofthat Clause, and (ii) the delay has not occurred as a result of failure to fulfill fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.3% (zero point three per cent) of the Performance Security for each day’s delay until the fulfillment fulfilment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit amount equal to the amount of the Bid Security Security, and upon reaching such limitmaximum, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. ‌ In the event that (i) the Concessionaire does not procure fulfillment of fulfill any or all of the Conditions Precedent set forth in Clause 4.1.3 within the a period specified in respect thereof, and (ii) the delay has not occurred as a result of failure to fulfill the obligations under Clause 4.1.2 or other any breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Concessioning Authority, Damages in an amount calculated at the rate of 0.30.2% (zero point three two per cent) of the Performance Security for each day’s delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the maximum limit equal to the amount of the Bid Security and upon reaching such limit, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment fulfilment or waiver of any or all of the Conditions Precedent conditions set forth in Clause 4.1.3 within the period specified in respect thereofthat Clause, and (ii) the delay has not occurred as a result of failure to fulfill fulfil the obligations under Clause 4.1.2 5.1.3 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.3% (zero point three per cent) of the Performance Security for each day’s delay until the fulfillment fulfilment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit amount equal to the amount of the Bid Security and upon reaching such limitmaximum, the Authority may, in its sole discretion and subject to the provisions of Clause 9.28.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.25.1.3, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 4.2 until the date on which the Authority shall have procured fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.25.1.3. 6 Delete it if not applicable.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment of fulfillmentof any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of failure to fulfill the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.3% (zero point three per cent) of the Performance Security for each day’s delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the maximum limit equal to the amount of the Bid Security and upon reaching such limit, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of failure to fulfill the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Authority, Damages in an amount calculated at the rate of 0.3% (zero point three per cent) of the Performance Security for each day’s day‟s delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the maximum limit equal to the amount of the Bid Security and upon reaching such limit, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of failure to fulfill fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.30.2% (zero point three two per cent) of the Performance Security for each day’s 's delay until the fulfillment fulfilment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit equal to the amount of 10% (ten per cent) of the Bid Performance Security and upon reaching such limit, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment fulfilment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereofthat Clause, and (ii) the delay has not occurred as a result of failure to fulfill fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.3% (zero point three per centpercent) of the Performance Security for each day’s delay until the fulfillment fulfilment of such Conditions Precedent. Precedent Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit amount equal to the amount of the Bid Security and upon reaching such limitmaximum, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Agreement Provided further that in the event of delay by the Authority in procuring fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2, 4.1.2 no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 270 (two hundred and seventy) days from the period specified in respect thereofdate of this Concession Agreement, and (ii) the delay has not occurred as a result of failure to fulfill the obligations under Clause 4.1.2 or other breach of this Concession Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Authority, Damages in an amount calculated at the rate of 0.30.05% (zero point three zero five per cent) of the Performance Security for each day’s delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit amount equal to the amount of the Bid Security Security, and upon reaching such limitmaximum, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Concession Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereofthe clause, and (ii) the delay has not occurred as a result of failure to fulfill fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.30.2% (zero point three two per cent) of the Performance Security for each day’s 's delay until the fulfillment fulfilment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit amount equal to the amount of the Bid Security Security, and upon reaching such maximum specified limit, the Authority may, in its sole discretion and subject to the provisions of Clause 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 until the date on which the Authority shall have procured fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfillment fulfilment or waiver of any or all of the Conditions Precedent conditions set forth in Clause 4.1.3 within the period specified in respect thereofthat Clause, and (ii) the delay has not occurred as a result of failure to fulfill fulfil the obligations under Clause 4.1.2 5.1.3 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.3% (zero point three per cent) of the Performance Security for each day’s day‟s delay until the fulfillment fulfilment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to the a maximum limit amount equal to the amount of the Bid Security and upon reaching such limitmaximum, the Authority may, in its sole discretion and subject to the provisions of Clause 9.28.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.25.1.3, no Damages shall be due or payable by the Concessionaire under this Clause 4.3 4.12 until the date on which the Authority shall have procured fulfillment fulfilment of the Conditions Precedent specified in Clause 4.1.25.1.3.