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.
Appears in 7 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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.
Appears in 7 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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.
Appears in 7 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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 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 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.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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.
Appears in 2 contracts
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.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
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.
Appears in 1 contract
Samples: Concession Agreement
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.
Appears in 1 contract
Samples: Concession Agreement
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.
Appears in 1 contract
Samples: Concession Agreement
Deemed Termination upon delay. β 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.
Appears in 1 contract
Samples: Concession Agreement
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
Appears in 1 contract
Samples: Concession Agreement
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.
Appears in 1 contract
Samples: Concession Agreement
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.
Appears in 1 contract
Samples: Concession Agreement
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.
Appears in 1 contract
Samples: Concession Agreement