Common use of Deemed Termination upon delay Clause in Contracts

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 (one hundred and eighty)] days from the Execution Date or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire and the Agreement may be terminated by the non-defaulting Party. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 120 (one hundred and eighty)] twenty) days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire Supplier under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Supplier, and the Agreement may for Procurement of Power shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireSupplier, the Performance Security or the Bid Security, as the case may be, of the Concessionaire Supplier shall be encashed and appropriated by the Authority Utility as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or and the Bid Additional Performance Security, as the case may beif any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 120 (one hundred and eighty)] twenty) days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire Supplier under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Supplier, and the Agreement may for Procurement of Power shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireSupplier, the Performance Security or the Bid Security, as the case may be, of the Concessionaire Supplier shall be encashed and appropriated by the Authority Aggregator as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, however that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 (one hundred and eighty)] 150 days from the Execution Date or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or and the Bid Additional Performance Security, as the case may beif any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, 4.3 and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.29.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereofAuthority.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses Articles 4.2 and 4.3, and subject to the provisions of Clause Article 9.2, the Parties expressly agree that in the event the Appointed Date does conditions precedent in Article 4.2 and 4.3 are not occurcompleted, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Effective Date or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Construction Period Performance Security or the Bid Security, as the case may beif any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 (one hundred and eighty)] ) days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.. For official use only

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 2nd (second) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Mine Operator, and the this Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. ProvidedProvided that, however, that in the event the such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 (one hundred and eighty)] eighty ) days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 before 240 (one two hundred and eighty)] forty) days from the Execution Date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties and no Party shall subsequently have any rights or obligations under this Agreement and the Authority shall not be liable in any manner whatsoever to the Concessionaire or persons claiming through or under it. Provided, however, that in the event the delay in non- occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 (one hundred and eighty)] eighty ) days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may bePerformance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9 of this Agreement, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 2nd (second) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Mine Operator, and the this Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. ProvidedProvided that, however, that in the event the such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the initial Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 2nd (second) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Mine Operator, and the this Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. ProvidedProvided that, however, that in the event the such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.2, and subject to the provisions of Clause 9.29.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 (one hundred and eighty)] ) days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the this Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 4.1.3 and 4.35.1.3, and subject to the provisions of Clause 9.28.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed enchased and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 before 240 (one two hundred and eighty)] forty) days from the Execution Date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties and no Party shall subsequently have any rights or obligations under this Agreement and the Authority shall not be liable in any manner whatsoever to the Concessionaire or persons claiming through or under it. Provided, however, that in the event the delay in non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 4.1 and 4.3, and subject to the provisions of Clause 9.24.2, the Parties expressly agree that in the event the Appointed Date does not occur, occur for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date or the extended period provided in accordance with date of this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Bid Security shall be encashed by the Contracting Authority unless substituted by the Performance Security or Security, in which case, an amount equal to the Bid Security, as the case may be, of the Concessionaire Security shall be encashed and appropriated by from the Authority Performance Security as Damages thereof. Upon termination under this Clause the Contracting Authority shall, refund the Concession Fee to the Concessionaire, if deposited by the Concessionaire, without interest.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 Clause 4.1 and 4.3, and subject to the provisions of Clause 9.24.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date or the extended period provided in accordance with date of this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Providedprovided, however, that in the event the delay in non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Bid Security or shall be encashed by the Authority unless substituted by the performance Security, in which case, an amount equal to the Bid Security, as the case may be, of the Concessionaire Security shall be encashed and appropriated by from the Authority Performance Security as Damages thereof. Upon termination under this Clause the Authority shall, within [*] days, refund the Concession fee to the Concessionaire, if deposited by the Concessionaire, without interest.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Concession Agreement or the extended period provided in accordance with this Concession Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Concession Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses Articles 4.2 and 4.3, and subject to the provisions of Clause Article 9.2, the Parties expressly agree that in the event the Appointed Date does conditions precedent in Article 4.2 and 4.3 are not occurcompleted, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Effective Date or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Construction Period Performance Security or the Bid Security, as the case may beif any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.. ARTICLE5

Deemed Termination upon delay. 4.4.1 Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 1st (first) anniversary of [180 (one hundred and eighty)] days from the Execution Date date of this Agreement or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Concessionaire, and the Concession Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, Security (whichever is available) of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9 of this Agreement, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period before the 2nd (second) anniversaryof the date of [180 (one hundred and eighty)] days from the Execution Date this Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire Mine Operator, and the this Agreement may shall be deemed to have been terminated by mutual agreement of the non-defaulting PartyParties. ProvidedProvided that, however, that in the event the such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.