Common use of Liability for shortfall in performance Clause in Contracts

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.

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 ConcessionaireConcessionaire as per provisions of this Agreement. 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. 8.1 Applicable User Charges‌

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. .

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 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 Article 7.3 (b) below 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 . (b) In the event that the Concessionaire fails to repair or rectify any defect or deficiency within the reasonable period as notified by Concessioning Authority / Independent Engineer or is clarified that in breach of the Operation & Maintenance requirements as per this provision does not prejudice the rights Agreement, it shall be deemed to be in breach of this Agreement and the Concessioning Authority upon a Concessionaire Event shall be entitled to recover Damages, to be calculated and paid for each day of Default as set out in Article 15 including delay until the Concessioning Authority’s right to terminate this Agreement which shall remain unaffected.breach is cured, at the higher of (a) 0.5% (zero point five per cent) of Performance Guarantee, and

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 issue a demand notice to the amount of Concessionaire seeking liquidated damages. The liquidated damages payable by the Concessionaire shall be calculated in accordance with Appendix 15 Annexure IV of this Agreement and demand the Concessionaire by a notice in writing to pay the same Agreement. The liquidated damages shall be payable within 30 (thirty) Days and on days of the date of issue of notice. On failure of the Concessionaire to pay the same same, Concessioning Authority shall recover the amount from the Performance Bank Guarantee provided by the Concessionaire. Provided that on that, within 15 (fifteen) days of receipt of the demand notice, the Concessionaire may make a written representation to the Concessioning Authority which shall be considered by the Concessioning Authority on merits and the merits. 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 that the performance 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.