Common use of Damages for shortfall Clause in Contracts

Damages for shortfall. non-compliance in Service Level Standards (a) In the event the DUSIB, whether from the review of reports submitted by the Concessionaire in accordance with the provisions of this Agreement or otherwise, observes that the Project do not comply or fall short of performance as per the provisions of this Agreement, the DUSIB may levy the amount of Damages payable by the Concessionaire in accordance with Schedule F of this Agreement and demand the Concessionaire by a notice in writing to pay the same within 30 (thirty) days and on failure of the Concessionaire to pay the same, the DUSIB shall recover the amount from the Concessionaire from the invoices and/ or by encashment of the Performance Security. Provided that upon receipt of the demand the Concessionaire may make a written representation to the DUSIB which shall be considered by the DUSIB on merits and the DUSIB may waive the payment of Damages in part or full, if it is satisfied that the Concessionaire has been carrying out its obligations diligently and efficiently and the shortfall to be waived was on account of reasons beyond the control of the Concessionaire. The Concessionaire shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution procedure shall apply. (b) The Damages set forth in preceding sub clause may be assessed and specified forthwith by the Project Steering Committee; provided that the DUSIB may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire is otherwise in compliance with its obligations under this Agreement. (c) In the event, the Concessionaire is in default of any other obligation under this Agreement, DUSIB may estimate the damages and impose corresponding lumpsum penalty on the Concessionaire for the duration of such non- performance.

Appears in 1 contract

Samples: Concession Agreement

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Damages for shortfall. non-compliance in Service Level Standards (a) In the event the DUSIB, whether from the review of reports submitted by the Concessionaire Shelter Management Agency/ Monitoring Agency in accordance with the provisions of this Agreement or otherwise, observes that the Project provision of Services do not comply or fall short of performance as per the provisions of this Agreement, the DUSIB may levy the amount of Damages payable by the Concessionaire Shelter Management Agency in accordance with Schedule F IV of this Agreement and demand the Concessionaire Shelter Management Agency by a notice in writing to pay the same within 30 (thirty) days and on failure of the Concessionaire Shelter Management Agency to pay the same, the DUSIB shall recover the amount from the Concessionaire Shelter Management Agency by way of deductions from the future invoices and/ or by encashment of the Performance Security. Provided that upon receipt of the demand the Concessionaire Shelter Management Agency may make a written representation to the DUSIB which shall be considered by the DUSIB on merits and the DUSIB may waive the payment of Damages in part or full, if it is satisfied that the Concessionaire Shelter Management Agency has been carrying out its obligations diligently and efficiently and the shortfall to be waived was on account of reasons beyond the control of the ConcessionaireShelter Management Agency. The Concessionaire Shelter Management Agency shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution procedure shall apply. (b) i. The Damages set forth in preceding sub clause may be assessed and specified forthwith by the Project Steering CommitteeMonitoring Agency; provided that the DUSIB may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire Shelter Management Agency is otherwise in compliance with its obligations under this Agreement. (c) ii. In the event, the Concessionaire Shelter Management Agency is in default of any other obligation under this Agreement, DUSIB may estimate the damages and impose corresponding lumpsum penalty on the Concessionaire Shelter Management Agency for the duration of such non- non-performance.

Appears in 1 contract

Samples: Shelter Management Agreement

Damages for shortfall. non-compliance in Service Level Standards (a) In the event the DUSIB, whether from the review of reports submitted by the Concessionaire Shelter Management Agency/ Monitoring Agency in accordance with the provisions of this Agreement or otherwise, observes that the Project provision of Services do not comply or fall short of performance as per the provisions of this Agreement, the DUSIB may levy the amount of Damages payable by the Concessionaire Shelter Management Agency in accordance with Schedule F III of this Agreement and demand the Concessionaire Shelter Management Agency by a notice in writing to pay the same within 30 (thirty) days and on failure of the Concessionaire Shelter Management Agency to pay the same, the DUSIB shall recover the amount from the Concessionaire Shelter Management Agency by way of deductions from the future invoices and/ or by encashment of the Performance Security. Provided that upon receipt of the demand the Concessionaire Shelter Management Agency may make a written representation to the DUSIB which shall be considered by the DUSIB on merits and the DUSIB may waive the payment of Damages in part or full, if it is satisfied that the Concessionaire Shelter Management Agency has been carrying out its obligations diligently and efficiently and the shortfall to be waived was on account of reasons beyond the control of the ConcessionaireShelter Management Agency. The Concessionaire Shelter Management Agency shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution procedure shall apply. (b) i. The Damages set forth in preceding sub clause may be assessed and specified forthwith by the Project Steering CommitteeMonitoring Agency; provided that the DUSIB may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire Shelter Management Agency is otherwise in compliance with its obligations under this Agreement. (c) ii. In the event, the Concessionaire Shelter Management Agency is in default of any other obligation under this Agreement, DUSIB may estimate the damages and impose corresponding lumpsum penalty on the Concessionaire Shelter Management Agency for the duration of such non- non-performance.

Appears in 1 contract

Samples: Shelter Management Agreement

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Damages for shortfall. non-compliance in Service Level Standards (a) In the event the DUSIB, whether from the review of reports submitted by the Concessionaire Shelter Management Agency/ Monitoring Agency in accordance with the provisions of this Agreement or otherwise, observes that the Project provision of Services do not comply or fall short of performance as per the provisions of this Agreement, the DUSIB may levy the amount of Damages payable by the Concessionaire Shelter Management Agency in accordance with Schedule F III of this Agreement and demand the Concessionaire Shelter Management Agency by a notice in writing to pay the same within 30 (thirty) days and on failure of the Concessionaire Shelter Management Agency to pay the same, the DUSIB shall recover the amount from the Concessionaire Shelter Management Agency by way of deductions from the invoices and/ or by encashment of the Performance Securityfuture invoices. Provided that upon receipt of the demand the Concessionaire Shelter Management Agency may make a written representation to the DUSIB which shall be considered by the DUSIB on merits and the DUSIB may waive the payment of Damages in part or full, if it is satisfied that the Concessionaire Shelter Management Agency has been carrying out its obligations diligently and efficiently and the shortfall to be waived was on account of reasons beyond the control of the ConcessionaireShelter Management Agency. The Concessionaire Shelter Management Agency shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution procedure shall apply. (b) i. The Damages set forth in preceding sub clause may be assessed and specified forthwith by the Project Steering CommitteeMonitoring Agency; provided that the DUSIB may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire Shelter Management Agency is otherwise in compliance with its obligations under this Agreement. (c) ii. In the event, the Concessionaire Shelter Management Agency is in default of any other obligation under this Agreement, DUSIB may estimate the damages and impose corresponding lumpsum penalty damages on the Concessionaire Shelter Management Agency for the duration of such non- non-performance.

Appears in 1 contract

Samples: Shelter Management Agreement

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