Common use of Deemed Termination upon delay Clause in Contracts

Deemed Termination upon delay. 4.6.1 Without prejudice to the provisions of Article 4.4 and Article 4.5, and subject to the provisions of Article 9.2, the Parties expressly agree that in the event the Transition Period Conditions as set out in Article 4.2 and Article 4.3 are not completed, for any reason whatsoever, within six months from the Effective Date or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the 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 Operator, and this Agreement shall be deemed to have been terminated subject to provisions of this Agreement. It is clarified that if the Agreement is terminated because of reasons not attributable to the Operator, the Operator shall be entitled to receive payment for eligible fees for the services provided till the termination of Agreement.

Appears in 3 contracts

Samples: Greater Shimla Water, Greater Shimla Water, Greater Shimla Water

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Deemed Termination upon delay. 4.6.1 Without prejudice to the provisions of Article 4.4 Clauses 4.2 and Article 4.54.3, and subject to the provisions of Article Clause 9.2, the Parties expressly agree that in the event the Transition Period Conditions as set out in Article 4.2 and Article 4.3 are Appointed Date does not completedoccur, for any reason whatsoever, within six months from before 400 (four hundered) days of the Effective Date date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the 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 Operator, and this the Agreement shall be deemed to have been terminated subject to provisions by mutual agreement of this Agreementthe Parties. It Provided, however, that in the event the delay in occurrence of the Appointed Date is clarified that if the Agreement is terminated because of for reasons not attributable to the Operator, the Performance Security of the Operator shall be entitled to receive payment for eligible fees for encashed and appropriated by the services provided till the termination of AgreementAuthority as Damages thereof.

Appears in 1 contract

Samples: Operation and Maintenance Agreement

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