Common use of Deemed Termination upon delay Clause in Contracts

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 3.2, and subject to the provisions of Clause 8.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 180 (one hundred eighty) days from the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Implementation Agency under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Implementation Agency, and the Contract Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Implementation Agency, the Performance Security of the Implementation Agency shall be encashed and appropriated by the Authority as Damages thereof.

Appears in 3 contracts

Samples: Development, Operation and Maintenance Agreement, Development, Operation and Maintenance Agreement, Development, Operation and Maintenance Agreement

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Deemed Termination upon delay. Without prejudice to the provisions of Clauses 3.24.2 and 4.3, and subject to the provisions of Clause 8.29.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 180 000 (one hundred eightyxxxx xxxxxxx) days from of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Implementation Agency 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 Implementation AgencyOperator, and the Contract Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Implementation AgencyOperator, the Performance Security of the Implementation Agency Operator shall be encashed and appropriated by the Authority as Damages thereof.

Appears in 1 contract

Samples: Model Concession Agreement

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 3.24.2 and 4.3, and subject to the provisions of Clause 8.29.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 180 6 (one hundred eightySix) days from months of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Implementation Agency 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 Implementation AgencyOperator, and the Contract Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Implementation AgencyOperator, the Performance Security of the Implementation Agency Operator 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 3.1 and 3.2, and subject to the provisions of Clause 8.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 180 120 (one hundred eightytwenty) days from the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Implementation Agency 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 Implementation AgencySupplier, and the Contract Power Purchase Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Implementation AgencySupplier, the Performance Security of the Implementation Agency Supplier shall be encashed and appropriated by the Authority Procurer as Damages thereof.

Appears in 1 contract

Samples: Power Purchase Agreement

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Deemed Termination upon delay. Without prejudice to the provisions of Clauses 3.24.2 and 4.3, and subject to the provisions of Clause 8.29.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 180 400 (one hundred eightyfour hundred) days from of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Implementation Agency 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 Implementation AgencyOperator, and the Contract Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Implementation AgencyOperator, the Performance Security of the Implementation Agency Operator shall be encashed and appropriated by the Authority as Damages thereof.

Appears in 1 contract

Samples: Public Private Partnership Agreement

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