Liability for shortfall in performance Sample Clauses

Liability for shortfall in performance. In the event the Concessioning Authority, whether from the review of reports submitted by the Concessionaire in accordance with the provisions of this Agreement or otherwise, observes that the Project/Project Facilities and Services do not comply with the Performance Standards or fall short of the Performance Standards, the Concessioning Authority shall calculate the amount of liquidated damages payable by the Concessionaire in accordance with Appendix 15 of this Agreement and demand the Concessionaire by a notice in writing to pay the same within 30 (thirty) Days and on failure of the Concessionaire to pay the same recover the amount from the Concessionaire. Provided that on receipt of the demand the Concessionaire may make a written representation to the Concessioning Authority which shall be considered by the Concessioning Authority on merits and the Concessioning Authority may waive the liquidated damages in part or full, if it is satisfied that the Concessionaire has been carrying out its obligations diligently and efficiently and the shortfall to be waived was on account of reasons beyond the control of the Concessionaire. It is clarified that this provision does not prejudice the rights of the Concessioning Authority upon a Concessionaire Event of Default as set out in Article 15 including the Concessioning Authority’s right to terminate this Agreement which shall remain unaffected.
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Liability for shortfall in performance a) In the event the Concessioning Authority, whether from the review of reports submitted by the Concessionaire in accordance with the provisions of this Agreement or otherwise, observes thatthe Project/Project Facilities and Services do not comply with the Performance Standards or fallshort of the Performance Standards, the Concessioning Authority shall calculate the amount ofliquidated damages payable by the Concessionaire in accordance with Appendix 14 of thisAgreement and demand the Concessionaire by a notice in writing to pay the same within 30(thirty) Days and on failure of the Concessionaire to pay the same recover the amount from theConcessionaire. Provided that on receipt of the demandthe Concessionaire maymake awrittenrepresentation to the Concessioning Authority which shall be considered by the ConcessioningAuthority on merits and the Concessioning Authority may waive the liquidated damages in part orfull, if it is satisfied that the Concessionaire has been carrying out its obligations diligently andefficiently and the shortfall to be waived was on account of reasons beyond the control of theConcessionaire. It is clarified that this provision does not prejudice the rights of the Concessioning Authority upona Concessionaire Event of Default as set out in Article 15 including the Concessioning Authority’sright to terminate this Agreement which shall remain unaffected. b) In the event the Concessionaire, with adequate supporting documentation, represents that the provision of services by Concessioning Authority do not comply with the Performance Standards or fall short of the Performance Standards mentioned in Appendix 18, the Concessionaire shall calculate the amount of liquidated damages payable by the Concessioning Authority in accordance with Appendix 18 of this Agreement and demand the Concessioning Authority by a notice in writingto pay the same within 30 (thirty) Days and on failure of the Concessioning Authority to pay the same, recover the amount from the Concessioning Authority. Provided that on receipt of the demand, the Concessioning Authority may make a written representation to the Concessionaire which shall be considered by the Concessionaire on merits and the Concessionaire may waive theliquidated damages in part or full, if it is satisfied that the Concessioning Authority has been carryingout its obligations diligently and efficiently and the shortfall to be waived was on account of reasonsbeyond the control of the Concessioning Au...
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Liability for shortfall in performance. The selected operator is required to provide a guarantee for a minimum traffic to be handled through barge/ ship movement from JNPT to Mumbai port. The selected operator should ensure that a total traffic of 24,000 TEUs per annum (i.e. average monthly traffic of 2000 TEUs) for the second year of commercial operations, and 36,000 TEUs per annum (i.e. average monthly traffic of 3000 TEUs) for the subsequent years of commercial operations (i.e. third, fourth, fifth, sixth and seventh year of commercial operations) is handled as part of this project. It should be noted that for the purpose of this project, the date of start of commercial operations by the operator shall be the from the Date of Award of Contract. If the operator fails to meet the minimum traffic requirement, a penalty will be imposed as follows:  Rs. 6270 per TEU to be paid (Rs. 2280 per TEU to JNPT and Rs. 3990 per TEU to MbPT) for every shortfall TEU from the minimum expected traffic. For the sake of clarity, if the traffic handled in the second year of commercial operations is 22,000 TEUs (shortfall of 24,000 - 22,000 = 2000 TEUs), then the penalty amount to be paid to JNPT will be Rs. 45.60 lakhs (Rs. 2280*2000) and that to MbPT will be Rs. 79.79 lakhs (Rs. 3990*2000). Similarly, if the traffic handled in the third year of commercial operations is 34,000 TEUs (shortfall of 36,000 -34,000 = 2000 TEUs), then the penalty amount to be paid to JNPT will be Rs. 45.60 lakhs (Rs. 2280*2000) and that to MbPT will be Rs. 79.79 lakhs (Rs. 3990*2000)  After the first year of commercial operations, if the DPD container traffic recorded as part of this project for any four consecutive months, is lower than 25% of the minimum traffic as stipulated above herein, then the Authority shall have the right to terminate the contract and forfeit the performance security of the operator. . It is clarified that this provision does not prejudice the rights of the Authority upon a Operator’s Event of Default as set out in Article 14 including the Authority’s right to terminate this Agreement which shall remain unaffected.
Sample 1
Liability for shortfall in performance. In the event the Authority, whether from the review of reports submitted by the Operator in accordance with the provisions of this Agreement or otherwise, observes that the Project/Project Facilities and Services do not comply with the Performance Standards or fall short of the Performance Standards, the Authority shall calculate the amount of liquidated damages payable by the Operator in accordance with Appendix 15 of this Agreement and demand the Operator by a notice in writing to pay the same within 30 (thirty) Days and on failure of the Operator to pay the same recover the amount from the Operator. Provided that on receipt of the demand the Operator may make a written representation to the Authority which shall be considered by the Authority on merits and the Authority may waive the liquidated damages in part or full, if it is satisfied that the Operator has been carrying out its obligations diligently and efficiently and the shortfall to be waived was on account of reasons beyond the control of the Operator. It is clarified that this provision does not prejudice the rights of the Authority upon a Operator Event of Default as set out in Article 14 including the Authority’s right to terminate this Agreement which shall remain unaffected.
Sample 1

Related to Liability for shortfall in performance

  • Prevention or Delay in Performance by the Depositary or the Company Neither the Depositary nor the Company nor any of their respective directors, employees, agents or affiliates shall incur any liability to any Owner or Holder (i) if by reason of any provision of any present or future law or regulation of the United States or any other country, or of any governmental or regulatory authority or stock exchange, or by reason of any provision, present or future, of the articles of association or similar document of the Company, or by reason of any provision of any securities issued or distributed by the Company, or any offering or distribution thereof, or by reason of any act of God or war or terrorism or other circumstances beyond its control, the Depositary or the Company shall be prevented, delayed or forbidden from, or be subject to any civil or criminal penalty on account of, doing or performing any act or thing which by the terms of this Deposit Agreement or the Deposited Securities it is provided shall be done or performed, (ii) by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which by the terms of this Deposit Agreement it is provided shall or may be done or performed, (iii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement, (iv) for the inability of any Owner or holder to benefit from any distribution, offering, right or other benefit which is made available to holders of Deposited Securities but is not, under the terms of this Deposit Agreement, made available to Owners or holders, or (v) for any special, consequential or punitive damages for any breach of the terms of this Deposit Agreement. Where, by the terms of a distribution pursuant to Section 4.01, 4.02 or 4.03, or an offering or distribution pursuant to Section 4.04, or for any other reason, such distribution or offering may not be made available to Owners, and the Depositary may not dispose of such distribution or offering on behalf of such Owners and make the net proceeds available to such Owners, then the Depositary shall not make such distribution or offering, and shall allow any rights, if applicable, to lapse.

  • Records Created as Part of Consultant’s Performance All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City at any time upon demand of the City. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. Failure by Consultant to deliver these documents to the City within the time period specified by the City shall be a material breach of this Agreement. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the City in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties.

  • Default in Performance (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

  • Prevention or Delay in Performance by the Depositary or the Issuer Neither the Depositary nor the Issuer nor any of their respective directors, employees, agents or affiliates shall incur any liability to any Owner or holder of any Receipt, if by reason of any provision of any present or future law or regulation of the United States or any other country, or of any governmental or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Articles of Association of the Issuer, or by reason of any provision of any securities issued or distributed by the Issuer, or any offering or distribution thereof, or by reason of any act of God or war or terrorism or other circumstances beyond its control, the Depositary or the Issuer shall be prevented, delayed or forbidden from, or be subject to any civil or criminal penalty on account of, doing or performing any act or thing which by the terms of this Deposit Agreement or the Deposited Securities it is provided shall be done or performed; nor shall the Depositary or the Issuer or any of their respective directors, employees, agents or affiliates incur any liability to any Owner or holder of any Receipt by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which by the terms of this Deposit Agreement it is provided shall or may be done or performed, or by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement. Where, by the terms of a distribution pursuant to Sections 4.1, 4.2, or 4.3 of the Deposit Agreement, or an offering or distribution pursuant to Section 4.4 of the Deposit Agreement, or for any other reason, such distribution or offering may not be made available to Owners, and the Depositary may not dispose of such distribution or offering on behalf of such Owners and make the net proceeds available to such Owners, then the Depositary shall not make such distribution or offering, and shall allow any rights, if applicable, to lapse.

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

  • Liability for Specific Obligations The Administrator will be liable only for its specific obligations under this Agreement. All other liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement by the Administrator. The Administrator will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Our Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

  • Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

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