Common use of Deemed Termination upon delay Clause in Contracts

Deemed Termination upon delay. Without prejudice to the Clauses 4.2 and 4.3 and Article 9 of this Agreement, and unless otherwise agreed between the Parties, in the event the Appointed Date does not occur, for any reason whatsoever, before the [2nd (second) or 3rd (third) anniversary]3 of the date of this Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the 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 Mine Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided that, in the event such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security as Damages thereof. 3 In case of preparation of Geological Report the timeline will be 3 (three) years, otherwise the timeline will be 2 (two) years

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 4.2 and 4.3 and Article 9 of this Agreement9, and unless otherwise agreed between the Parties, in the event the Appointed Date does not occur, for any reason whatsoever, before the [2nd (second) or 3rd (third) anniversary]3 anniversary of the date of this Agreement, Agreement or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the 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 Mine Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided that, in the event such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security as Damages thereof. 3 In case of preparation of Geological Report the timeline will be 3 (three) years, otherwise the timeline will be 2 (two) years.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3 and Article 9 of this Agreement, and unless otherwise agreed between the Parties, in the event the Appointed Date does not occur, for any reason whatsoever, before the [2nd (second) or 3rd (third) anniversary]3 anniversary of the date of this Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the 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 Mine Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided that, in the event such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the initial Performance Security as Damages thereof. 3 In case of preparation of Geological Report the timeline will be 3 (three) years, otherwise the timeline will be 2 (two) years.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3 and Article 9 of this Agreement4.3, and unless otherwise agreed between subject to the Partiesprovisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the [2nd 000 (secondxxxx xxxxxxx) or 3rd (third) anniversary]3 days of the date of this Agreement, Agreement or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the 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 Mine Operator, and this the Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided thatProvided, however, that in the event such the delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security of the Operator shall be encashed and appropriated by the Authority as Damages thereof. 3 In case of preparation of Geological Report the timeline will be 3 (three) years, otherwise the timeline will be 2 (two) years.

Deemed Termination upon delay. Without prejudice to the Clauses 4.2 and 4.3 and Article 9 of this Agreement, and unless otherwise agreed between the Parties, in the event the Appointed Date does not occur, for any reason whatsoever, before the [2nd (second) or 3rd (third) anniversary]3 anniversary of the date of this Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the 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 Mine Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided that, in the event such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security as Damages thereof. 3 In case of preparation of Geological Report the timeline will be 3 (three) years, otherwise the timeline will be 2 (two) years.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3 and Article 9 of this Agreement9, and unless otherwise agreed between the Parties, in the event the Appointed Date does not occur, for any reason whatsoever, before the [2nd (second) or 3rd (third) anniversary]3 anniversary of the date of this Agreement, Agreement or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the 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 Mine Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided that, in the event such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security as Damages thereof. 3 In case of preparation of Geological Report the timeline will be 3 (three) years, otherwise the timeline will be 2 (two) years.

Deemed Termination upon delay. Without prejudice to the Clauses 4.2 and 4.3 and Article 9 of this Agreement, and unless otherwise agreed between the Parties, in the event the Appointed Date does not occur, for any reason whatsoever, before the [2nd (second) or 3rd (third) anniversary]3 of anniversaryof the date of this Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the 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 Mine Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided that, in the event such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security as Damages thereof. 3 In case of preparation of Geological Report the timeline will be 3 (three) years, otherwise the timeline will be 2 (two) years.

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 4.2 and 4.3 and Article 9 of this Agreement, and unless otherwise agreed between the Parties, in the event the Appointed Date does not occur, for any reason whatsoever, before the [2nd (second) or 3rd (third) anniversary]3 )] anniversary of the date of this Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the 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 Mine Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided that, in the event such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security as Damages thereof. 3 In case of preparation of Geological Report the timeline will be 3 (three) years, otherwise the timeline will be 2 (two) years.