Common use of Liability for shortfall in performance Clause in Contracts

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 Authority.

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 that the Project/Project Facilities and Services do not comply with the Performance Standards or fallshort fall short of the Performance Standards, the Concessioning Authority shall calculate the amount ofliquidated of liquidated damages payable by the Concessionaire in accordance with Appendix 14 of thisAgreement this Agreement and demand the Concessionaire by a notice in writing to pay the same within 30(thirty30 (thirty) Days and on failure of the Concessionaire to pay the same recover the amount from theConcessionairethe Concessionaire. Provided that on receipt of the demandthe demand the Concessionaire maymake awrittenrepresentation may make a written representation to the Concessioning Authority which shall be considered by the ConcessioningAuthority Concessioning Authority on merits and the Concessioning Authority may waive the liquidated damages in part orfullor full, if it is satisfied that the Concessionaire has been carrying out its obligations diligently andefficiently and efficiently and the shortfall to be waived was on account of reasons beyond the control of theConcessionairethe Concessionaire. It is clarified that this provision does not prejudice the rights of the Concessioning Authority upona upon a Concessionaire Event of Default as set out in Article 15 including the Concessioning Authority’sright Authority’s right 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 writing to 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 the liquidated damages in part or full, if it is satisfied that the Concessioning Authority has been carryingout carrying out its obligations diligently and efficiently and the shortfall to be waived was on account of reasonsbeyond reasons beyond the control of the Concessioning Authority.Authority.]25 25Clause 7.3 (b) to be included in projects where the Concessioning Authority has defined its KPIs as per the Appendix 18

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 that the Project/Project Facilities and Services do not comply with the Performance Standards or fallshort fall short of the Performance Standards, the Concessioning Authority shall calculate the amount ofliquidated of liquidated damages payable by the Concessionaire in accordance with Appendix 14 of thisAgreement this Agreement and demand the Concessionaire by a notice in writing to pay the same within 30(thirty30 (thirty) Days and on failure of the Concessionaire to pay the same recover the amount from theConcessionairethe Concessionaire. Provided that on receipt of the demandthe demand the Concessionaire maymake awrittenrepresentation may make a written representation to the Concessioning Authority which shall be considered by the ConcessioningAuthority Concessioning Authority on merits and the Concessioning Authority may waive the liquidated damages in part orfullor full, if it is satisfied that the Concessionaire has been carrying out its obligations diligently andefficiently and efficiently and the shortfall to be waived was on account of reasons beyond the control of theConcessionairethe Concessionaire. It is clarified that this provision does not prejudice the rights of the Concessioning Authority upona upon a Concessionaire Event of Default as set out in Article 15 including the Concessioning Authority’sright Authority’s right 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 writing to 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 the liquidated damages in part or full, if it is satisfied that the Concessioning Authority has been carryingout carrying out its obligations diligently and efficiently and the shortfall to be waived was on account of reasonsbeyond reasons beyond the control of the Concessioning Authority.Authority.]25 25 Clause 7.3 (b) to be included in projects where the Concessioning Authority has defined its KPIs as per the Appendix 18