is absolute. Without prejudice to anything contained hereunder, if the Concessionaire fails to deliver vacant and peaceful possession of the Project Facilities as contemplated in this provision, the Concessionaire shall be liable to pay to NHIDCL and NHIDCL shall be entitled to recover from the Concessionaire, an amount that represents a genuine estimate of the losses, damages and costs suffered by NHIDCL by way of liquidated damages. The parties agree that the said liquidated damages shall be calculated at the rate of 200% of costs incurred by NHIDCL for recovery of the Project Facilities. Such liquidated damages shall be recoverable from the Termination Date to the date when NHIDCL receives vacant and peaceful possession of the Project Facilities. Provided, the recovery of liquidated damages shall be without prejudice to the rights and remedies available to NHIDCL against the Concessionaire who shall be deemed to be a trespasser in illegal and unauthorized possession and occupation of the Project Site and Project Facilities, upon expiry of the License Period.
