Damages for delay by the Developer. In the event that the Developer does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.2 within the period of 180 days and the delay has not occurred for any reasons attributable to ESCOM or due to Force Majeure, the Developer shall pay to ESCOM Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's delay until the fulfillment of such Conditions Precedent, subject to a maximum period of 30 (thirty) days. On expiry of the said 30 (thirty) days, ESCOM at its discretion may terminate this Agreement.
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Damages for delay by the Developer. In the event that the Developer does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.2 within the period of 180 270 days and the delay has not occurred for any reasons attributable to ESCOM or due to Force Majeure, the Developer shall pay to ESCOM Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's delay until the fulfillment of such Conditions Precedent, subject to a maximum period of 30 (thirty) days. On expiry of the said 30 (thirty) days, ESCOM at its discretion may terminate this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Damages for delay by the Developer. In the event that the Developer does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.2 within the period of 180 days 8 (eight) months and the delay has not occurred for any reasons attributable to ESCOM or due to Force Majeure, the Developer shall pay to ESCOM Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's delay until the fulfillment of such Conditions Precedent, subject to a maximum period of 30 (thirty) days. On expiry of the said 30 (thirty) days, ESCOM at its discretion may terminate this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Damages for delay by the Developer. β In the event that the Developer does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.2 within the period of 180 days 6 (Six) months and the delay has not occurred for any reasons attributable to ESCOM or due to Force Majeure, the Developer shall pay to ESCOM Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's delay until the fulfillment of such Conditions Precedent, subject to a maximum period of 30 (thirty) days. On expiry of the said 30 (thirty) days, ESCOM at its discretion may terminate this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Damages for delay by the Developer. In the event that the Developer does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.2 within the period of 180 365 days and the delay has not occurred for any reasons attributable to ESCOM or due to Force Majeure, the Developer shall pay to ESCOM Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's delay until the fulfillment of such Conditions Precedent, subject to a maximum period of 30 (thirty) days. On expiry of the said 30 (thirty) days, ESCOM at its discretion may terminate this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement