Common use of Deemed Termination upon delay Clause in Contracts

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within 90 days of signing of the Agreement and submission of the full Performance Security by the Contractor, the Agreement shall be deemed to have been terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All other rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased. The Contractor shall hand over all information in relation to the Highway, including but not limited to any data, designs, drawings, structures, information, plans, etc. prepared by them for the Highway, to the Authority. 9 Clause 3.3 may be suitably modified in the event that all the environmental clearances for the Project Highway have been received or are not required. It should be clearly stated that all the environmental clearances for the Project Highway have been received; or such environmental clearances for the Project Highway are not required. Rangagara to Kaliabor Tiniali of NH-37 (Old) from Km 297+000 to Km 315+315 (18.315 Km), under SARDP-NE, at the Risk and Cost of EPC Contractor on EPC mode March 2024

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within 90 days of signing of the Agreement and submission of the full Performance Security by the Contractor, the Agreement shall be deemed to have been terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All other rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased. The Contractor shall hand over all information in relation to the Highway, including but not limited to any data, designs, drawings, structures, information, plans, etc. prepared by them for the Highway, to the Authority. 9 Clause 3.3 may be suitably modified in the event that all the environmental clearances for the Project Highway have been received or are not required. It should be clearly stated that all the environmental clearances for the Project Highway have been received; or such environmental clearances for the Project Highway are not required. Rangagara to Kaliabor Tiniali end of NH-37 (Old) Biswanath Chariali Bypass of NH-15 from Km 297182+000 to Km 315208+315 000 (18.315 26 Km), under SARDP-NE, under EPC Mode at the Risk and Cost of EPC Contractor on EPC mode March August 2024

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within 90 days of signing of the Agreement and submission of the full Performance Security by the Contractor, the Agreement shall be deemed to have been terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All other rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased. The Contractor shall hand over all information in relation to the Highway, including but not limited to any data, designs, drawings, structures, information, plans, etc. prepared by them for the Highway, to the Authority. 9 Clause 3.3 may be suitably modified in the event that all the environmental clearances for the Project Highway have been received or are not required. It should be clearly stated that all the environmental clearances for the Project Highway have been received; or such environmental clearances for the Project Highway are not required. Rangagara to Kaliabor Tiniali of NH-37 (Old) from design Km 2970+000 to Km 31510+315 (18.315 Km)670) & Improvement to 4 lane section of NH-44 from design Km 0+000 to Km 0+930, under SARDP-NE, at total length 11.600 Km in the Risk and Cost state of EPC Contractor Meghalaya on EPC mode March 2024under JICA Loan Assistance.” (Balance Works) Jan 2023

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within 90 days of signing of the Agreement and submission of the full Performance Security by the Contractor, the Agreement shall be deemed to have been terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All other rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased. The Contractor shall hand over all information in relation to the Highway, including but not limited to any data, designs, drawings, structures, information, plans, etc. prepared by them for the Highway, to the Authority. 9 Clause 3.3 may be suitably modified in the event that all the environmental clearances for the Project Highway have been received or are not required. It should be clearly stated that all the environmental clearances for the Project Highway have been received; or such environmental clearances for the Project Highway are not required. Rangagara to Kaliabor Tiniali Draft Contract Agreement Page 35 of 153 km 606+300 of NH-37 (Old) from Km 297+000 to Km 315+315 (18.315 Km), under SARDP-NE, at on existing Lahoal – Chabua Bypass i.e. Borborua Junction – Kandulibari Grant Gaon section in the Risk and Cost State of EPC Contractor Assam on EPC mode March 2024mode. Aug. 2021

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within 90 days of signing of the Agreement and submission of the full Performance Security by the Contractor, the Agreement shall be deemed to have been terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All other rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased. The Contractor shall hand over all information in relation to the Highway, including but not limited to any data, designs, drawings, structures, information, plans, etc. prepared by them for the Highway, to the Authority. 9 Clause 3.3 may be suitably modified in the event that all the environmental clearances for the Project Highway have been received or are not required. It should be clearly stated that all the environmental clearances for the Project Highway have been received; or such environmental clearances for the Project Highway are not required. Rangagara to Kaliabor Tiniali Construction for mitigation measures of NH-37 (Old) from 10 nos. of Landslides, 01 no. Sinking Zone and 01 no. minor bridge in between Km 297+000 386.000 to Km 315+315 433.000 (18.315 Km), under SARDP-NE, at the Risk and Cost of EPC Contractor 65 km length) on NH-07 on EPC mode March 2024in the State of Uttarakhand”-PKG-I Dec. 2023

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within 90 days of signing of the Agreement and submission of the full Performance Security by the Contractor, the Agreement shall be deemed to have been terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All other rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased. The Contractor shall hand over all information in relation to the Highway, including but not limited to any data, designs, drawings, structures, information, plans, etc. prepared by them for the Highway, to the Authority. 9 Clause 3.3 may be suitably modified in the event that all the environmental clearances for the Project Highway have been received or are not required. It should be clearly stated that all the environmental clearances for the Project Highway have been received; or such environmental clearances for the Project Highway are not required. Rangagara Improvement and widening to Kaliabor Tiniali two lane with paved shoulder of NH-37 (Old) road from Km 297+000 63.700 to Km 315+315 75.700 (18.315 Km), under SARDPTotal length: 12.000 km) i.e. Bamanchara - Srirampur section of NH-208 (Package-NE, at IV) in the Risk and Cost state of EPC Contractor Tripura on EPC mode March 2024basis July 2020

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within 90 days of signing of the Agreement and submission of the full Performance Security by the Contractor, the Agreement shall be deemed to have been terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All other rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased. The Contractor shall hand over all information in relation to the Highway, including but not limited to any data, designs, drawings, structures, information, plans, etc. prepared by them for the Highway, to the Authority. 9 Clause 3.3 may be suitably modified in the event that all the environmental clearances for the Project Highway have been received or are not required. It should be clearly stated that all the environmental clearances for the Project Highway have been received; or such environmental 122.250 on Churachandpur - Tipaimukh NH-202 (old NH-150) in the State of Manipur”] Oct 2020 clearances for the Project Highway are not required. Rangagara to Kaliabor Tiniali Tipaimukh NH-202 (old NH-150) in the State of NH-37 (Old) from Km 297+000 to Km 315+315 (18.315 Km), under SARDP-NE, at the Risk and Cost of EPC Contractor on EPC mode March 2024Manipur”] Oct 2020

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within 90 days of signing of the Agreement and submission of the full Performance Security by the Contractor, the Agreement shall be deemed to have been terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All other rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased. The Contractor shall hand over all information in relation to the Highway, including but not limited to any data, designs, drawings, structures, information, plans, etc. prepared by them for the Highway, to the Authority. 9 Clause 3.3 may be suitably modified in the event that all the environmental clearances for the Project Highway have been received or are not required. It should be clearly stated that all the environmental clearances for the Project Highway have been received; or such environmental clearances for the Project Highway are not required. Rangagara to Kaliabor Tiniali of NH-37 (Old) shoulder from design Km 2970+000 to Km 31536+315 635 (18.315 Design Length= 36.635 Km), ) (existing Km 112+000 to Km 151+060 of Old NH-62) under SARDP-NE, at the Risk and Cost of EPC Contractor Bharatmala Pariyojana (Lot-1) Pkg-1B on EPC mode March 2024in the state of Meghalaya Feb 2023

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within 90 days of signing of the Agreement and submission of the full Performance Security by the Contractor, the Agreement shall be deemed to have been terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All other rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased. The Contractor shall hand over all information in relation to the Highway, including but not limited to any data, designs, drawings, structures, information, plans, etc. prepared by them for the Highway, to the Authority. 9 Clause 3.3 may be suitably modified in the event that all the environmental clearances for the Project Highway have been received or are not required. It should be clearly stated that all the environmental clearances for the Project Highway have been received; or such environmental clearances for the Project Highway are not required. Rangagara old NH-40) to Kaliabor Tiniali of NH-37 NH-106 (Old) from Km 297old NH-44E), km 0+000 to Km 315km 12+315 800 (18.315 Km), Package-I) under SARDP-NE, at NE ‘PHASE A’ in the Risk and Cost State of EPC Contractor Meghalaya on EPC mode March 2024Mode Nov 2022

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 8.3, and subject to the provisions of Clause 7.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within 90 days of signing of the Agreement and submission of the full Performance Security by the Contractor, the Agreement shall be deemed to have been terminated. The Authority shall pay damages to the Contractor equivalent to 1% of the Contract Price (3% in case of standalone bridge projects). All other rights, privileges, claims and entitlements of the Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased. The Contractor shall hand over all information in relation to the Highway, including but not limited to any data, designs, drawings, structures, information, plans, etc. prepared by them for the Highway, to the Authority. 9 Clause 3.3 may be suitably modified in the event that all the environmental clearances for the Project Highway have been received or are not required. It should be clearly stated that all the environmental clearances for the Project Highway have been received; or such environmental clearances for the Project Highway are not required. Rangagara to Kaliabor Tiniali Pancharatna) – Agia (Near Nichinta) Section (Package-6) of NH-37 Bilasipura- Guwahati road (OldNH 17) from Km 297+000 to Km 315+315 (18.315 Km), under SARDP-NE, at in the Risk and Cost state of EPC Contractor Assam on EPC mode March 2024June 2020