Common use of Delay Liquidated Damages and Bonus Clause in Contracts

Delay Liquidated Damages and Bonus. (a) Subject to Clause 7.11(b), if the Concessionaire fails to complete the work corresponding to any Payment Milestone by the relevant Scheduled Payment Milestone Completion Date or fails to complete the construction of the Facilities by the Scheduled Construction Completion Date, then the Jal Xxxxx shall be entitled to liquidated damages for each day of delay beyond the Scheduled Payment Milestone Completion Date, or, as the case may be, the Scheduled Construction Completion Date, at the rate of 0.1% of the Jagjeetpur Performance Security (in case of a delay in achieving a Jagjeetpur Payment Milestone or completing the Jagjeetpur Facilities by the Scheduled Construction Completion Date) and/or at the rate of 0.1% of the Sarai Performance Security (in case of a delay in achieving a Sarai Payment Milestone or completing the Sarai Facilities by the Scheduled Construction Completion Date) for each day of delay up to 6 months from the relevant Scheduled Payment Milestone Completion Date, or, as the case may be, the Scheduled Construction Completion Date (collectively, the Delay Liquidated Damages). The Delay Liquidated Damages will be payable until the work for the relevant Payment Milestone is completed or, as the case may be, the construction of the Facilities is completed, as certified by the Jal Xxxxx in accordance with Clause 7.13. If the Concessionaire completes the construction of the Facilities by the Scheduled Construction Completion Date, the aggregate Delay Liquidated Damages recovered by the Jal Xxxxx under this Clause 7.12(a) for a delay in achieving any Payment Milestone shall be refunded by the Jal Xxxxx to the Concessionaire, without any interest. Provided that, if the Concessionaire completes the construction of only one Facility (and not both the Facilities) by the Scheduled Construction Completion Date, then the Jal Xxxxx shall only refund the Delay Liquidated Damages recovered by the Jal Xxxxx under this Clause 7.12(a) for the Facility that is completed by the Scheduled Construction Completion Date.

Delay Liquidated Damages and Bonus. (a) Subject to Clause 7.11(b), if the Concessionaire fails to complete the work corresponding to any Payment Milestone by the relevant Scheduled Payment Milestone Completion Date or fails to complete the construction of the Facilities by the Scheduled Construction Completion Date, then the Jal Xxxxx Executive Agency shall be entitled to liquidated damages for each day of delay beyond the Scheduled Payment Milestone Completion Date, or, as the case may be, the Scheduled Construction Completion Date, at the rate of 0.1% of the Jagjeetpur Farrukhabad Performance Security (in case of a delay in achieving a Jagjeetpur Farrukhabad Payment Milestone or completing the Jagjeetpur Farrukhabad Facilities by the Scheduled Construction Completion Date) and/or at the rate of 0.1% of the Sarai Fatehgarh Performance Security (in case of a delay in achieving a Sarai Fatehgarh Payment Milestone or completing the Sarai Fatehgarh Facilities by the Scheduled Construction Completion Date) for each day of delay up to 6 months from the relevant Scheduled Payment Milestone Completion Date, or, as the case may be, the Scheduled Construction Completion Date (collectively, the Delay Liquidated Damages). The Delay Liquidated Damages will be payable until the work for the relevant Payment Milestone is completed or, as the case may be, the construction of the Facilities is completed, as certified by the Jal Xxxxx Executive Agency in accordance with Clause 7.13. If the Concessionaire completes the construction of the Facilities by the Scheduled Construction Completion Date, the aggregate Delay Liquidated Damages recovered by the Jal Xxxxx Executive Agency under this Clause 7.12(a) for a delay in achieving any Payment Milestone shall be refunded by the Jal Xxxxx Executive Agency to the Concessionaire, without any interest. Provided that, if the Concessionaire completes the construction of only one Facility (and not both the Facilities) by the Scheduled Construction Completion Date, then the Jal Xxxxx Executive Agency shall only refund the Delay Liquidated Damages recovered by the Jal Xxxxx Executive Agency under this Clause 7.12(a) for the Facility that is completed by the Scheduled Construction Completion Date.

Delay Liquidated Damages and Bonus. (a) Subject to Clause 7.11(b), if the Concessionaire fails to complete the work corresponding to any STP Payment Milestone by the relevant Scheduled STP Payment Milestone Completion Date or fails to complete the construction of the STP Facilities by the Scheduled STP Construction Completion Date, then the Jal Xxxxx BUIDCO shall be entitled to liquidated damages for each day of delay beyond the Scheduled STP Payment Milestone Completion Date, or, as the case may be, the Scheduled STP Construction Completion Date, at the rate of 0.1% of the Jagjeetpur Digha STP Performance Security (in case of a delay in achieving a Jagjeetpur Digha STP Payment Milestone or completing the Jagjeetpur Digha STP Facilities by the Scheduled STP Construction Completion Date) and/or at the rate of 0.1% of the Sarai Kankarbagh STP Performance Security (in case of a delay in achieving a Sarai Kankarbagh STP Payment Milestone or completing the Sarai Kankarbagh STP Facilities by the Scheduled STP Construction Completion Date) for each day of delay up to 6 months from the relevant Scheduled STP Payment Milestone Completion Date, or, as the case may be, the Scheduled STP Construction Completion Date (collectively, the Delay Liquidated Damages). The Delay Liquidated Damages will be payable until the work for the relevant STP Payment Milestone is completed or, as the case may be, the construction of the STP Facilities is completed, as certified by the Jal Xxxxx BUIDCO in accordance with Clause 7.13. If the Concessionaire completes the construction of the respective STP Facilities by the respective Scheduled STP Construction Completion Date, the respective aggregate Delay Liquidated Damages recovered by the Jal Xxxxx BUIDCO under this Clause 7.12(a) for a delay in achieving any respective STP Payment Milestone shall be refunded by the Jal Xxxxx BUIDCO to the Concessionaire, without any interest. Provided that, if the Concessionaire completes the construction of only one Facility (and not both the Facilities) by the Scheduled Construction Completion Date, then the Jal Xxxxx BUIDCO shall only refund the Delay Liquidated Damages recovered by the Jal Xxxxx BUIDCO under this Clause 7.12(a) for the Facility that is completed by the Scheduled Construction Completion Date.

Delay Liquidated Damages and Bonus. (a) Subject to Clause Article 7.11(b), if the Concessionaire fails to (a) complete the work corresponding to any Payment Milestone by the relevant Scheduled Payment Milestone Completion Date or (b) fails to complete either achieve the construction of the Facilities by the Tolly‟s Nallah Construction Completion and Garden Reach Construction Completion on or before Tolly‟s Nallah Construction Completion Date or Scheduled Garden Reach Construction Completion Date, respectively, then the Jal Xxxxx KMC shall be entitled to liquidated damages Delay Liquidated Damages for each day of delay beyond the Scheduled Payment Milestone Completion Date, or, as the case may be, the Scheduled Construction Completion Date, at the rate of 0.1% of the Jagjeetpur relevant Location‟s Performance Security (in case of a delay in achieving a Jagjeetpur Payment Milestone or completing the Jagjeetpur Facilities Facility(ies) in a Location by the relevant Scheduled Construction Completion Date) and/or at the rate of 0.1% of the Sarai Performance Security (in case of a delay in achieving a Sarai Payment Milestone or completing the Sarai Facilities by the Scheduled Construction Completion Date) for each day of delay up to 6 months from the relevant Scheduled Payment Milestone Completion Date, or, as the case may be, the Scheduled Construction Completion Date (collectively, the Delay Liquidated Damages). The Delay Liquidated Damages will be payable until the work for the relevant Payment Milestone is completed or, as the case may be, the construction construction/renovation of the Facilities in a Location is completed, as certified by the Jal Xxxxx KMC in accordance with Clause Article 7.13. If the Concessionaire completes the construction construction/renovation of the Tolly‟s Nallah Facilities or Garden Reach Facilities by the Scheduled Tolly‟s Nallah Construction Completion Date or Scheduled Garden Reach Construction Completion Date, as the case may be, the aggregate Delay Liquidated Damages recovered by the Jal Xxxxx KMC under this Clause Article 7.12(a) for a delay in achieving any Tolly‟s Nallah Payment Milestone or Garden Reach Payment Milestone, as the case maybe, shall be refunded by the Jal Xxxxx KMC to the Concessionaire, without any interest. Provided that, if In case of the Concessionaire completes not completing construction/renovation of all the construction of only one Facility (and not both the Facilities) Facilities in a Location by the Scheduled Construction Completion Date, then the Jal Xxxxx KMC shall only not be entitled to any partial refund of the Delay Liquidated Damages recovered by the Jal Xxxxx under this Clause 7.12(aKMC for any of the Facility(ies) for the Facility of that is Location, that might have been completed by the Scheduled Construction Completion Date. The KMC shall be entitled to deduct the Delay Liquidated Damages from the amount payable to the Concessionaire for any Payment Milestone, and if such amounts are insufficient, the KMC shall have a right to invoke the Performance Securities to the extent of the Delay Liquidated Damages. The Parties acknowledge that the Delay Liquidated Damages are a genuine pre-estimation of and reasonable compensation for the loss that shall be suffered by the KMC as a result of the delay in the completion of the Facilities, and not as penalty. If, for any reason, the above paragraphs relating to the payment of Delay Liquidated Damages are void, invalid or otherwise inoperative so as to disentitle the KMC from claiming any Delay Liquidated Damages then the KMC will be entitled to claim against the Concessionaire for general damages for delay in completing the works for the relevant Payment Milestone by the Scheduled Payment Milestone Completion Date, or for the delay in completing the construction/renovation of the relevant Facilities by the Scheduled Construction Completion Date.