Modification in the Concession Period. 29.2.1 Subject to the provisions of Clause 29.1.2, in the event Actual Average Traffic shall have fallen short of the Target Traffic, then for every 1% (one per cent) shortfall as compared to the Target Traffic, the Concession Period shall, subject to payment of Concession Fee in accordance with this Agreement, be increased by 1.5% (one point five per cent) thereof; provided that such increase in Concession Period shall not in any case exceed 20% (twenty per cent) of the Concession Period. For the avoidance of doubt, and by way of illustration, it is agreed that in the event of a shortfall of 10.6% (ten point six per cent) in Target Traffic, the Concession Period shall be increased by 15% (fifteen per cent) thereof.
29.2.2 Subject to the provisions of Clause 29.1.2, in the event Actual Average Traffic shall have exceeded the Target Traffic, then for every 1% (one per cent) excess as compared to the Target Traffic, the Concession Period shall be reduced by 0.75% (zero point seven five per cent) thereof; provided that such reduction in Concession Period shall not in any case exceed 10% (ten per cent) thereof. For the avoidance of doubt and by way of illustration, it is agreed that in the event of an excess of 8.7% (eight point seven per cent) in Target Traffic, the Concession Period shall be reduced by 6% (six per cent) thereof: Provided further that in lieu of a reduction in Concession Period under this Clause29.2.2, the Concessionaire may elect to pay, in addition to the Concession Fee that would be due and payable if the Concession Period were not reduced hereunder, a further premium equal to 25% (twenty five per cent) of the Realisable Fee, and upon notice given to this effect by the Concessionaire no later than two years prior to the Transfer Date contemplated by this Clause 29.2.2, the Authority shall waive the reduction in Concession Period hereunder forthwith.
29.2.3 Notwithstanding anything to the contrary contained in this Agreement, if the average daily traffic of PCUs in any Accounting Year shall exceed the designed capacity of the Project Highway, the Authority at its option may cause preparation of detailed project report (DPR), the said DPR inter-alia will assess the cost as may have to be incurred for augmenting the capacity of the project highway such that its capacity shall have increased sufficiently for carrying the then current traffic in accordance with the corresponding provisions of the Indian Roads Congress publication or any substit...
Modification in the Concession Period. 24.2.1 Subject to the provisions of this Clause, in the event actual NKTM shall have fallen short of the Target Traffic, then for every 2% (two per cent) shortfall or part thereof as compared to the Target Traffic, the Concession Period shall be increased by 6(six) months or part thereof; provided that such increase in Concession Period shall not in any case exceed 5 (five) years.
24.2.2 Subject to the provisions of Sub-clause 24.1.1 above, in the event actual NKTM shall have exceeded the Target Traffic, then for every 2% (two per cent) excess or part thereof as compared to the Target Traffic, the Concession Period shall be reduced by 6(six) months or part thereof; provided that such reduction in Concession Period shall not in any case exceed 5 (five) years.
Modification in the Concession Period. It is expressly agreed that in cases when toll collection is impacted by Additional Tollway or Competing Road, the Concessionaire shall be compensated in accordance with Article 24.
Modification in the Concession Period. In the event of the Authority or any Government Instrumentality constructing or causing construction of any Additional Tollway, the following shall apply:
(a) if the Additional Tollway is proposed to be opened to traffic between the 17th (Seventeenth) and 27 th (Twenty Seventh ) anniversary of the Appointed Date, the Concessionaire shall be entitled to an additional Concession Period, which shall be equal in duration to period between the opening of the Additional Tollway and the 27th (TwentySeventh) Anniversary. For the avoidance of doubt, if the Additional Tollway is opened on the 24th (Twenty Fourth) anniversary, the Concession Period shall be deemed to be 30 (Thirty ) years; and
(b) if the Concession Period is to be increased in accordance with the provisions of the Cause 30.2, the same shall be added to the Concession Period due to the Concessionaire under and in accordance with all other provisions of this Agreement, save and except the provisions relating to Termination (c) (deleted) (d) (deleted).
Modification in the Concession Period. 29.2.1 Subject to the provision of Clause 29.1.2, in the event Actual Traffic shall have fallen short of the Target Traffic, then for every 1% (one percent) shortfall as compared to the Target Traffic, the Concession Period shall , subject to payment of Concession Fee in accordance with this Agreement, be increased by 1.5% (one point five percent) thereof; provided that such increase in Concession Period shall not in any case exceed 20% (twenty percent) of the Concession Period. For the avoidance of doubt, and by way of illustration, it is agreed that in the event of a shortfall of 10.6% (ten point six percent) in Target Traffic, the Concession Period shall be increased by 15% (fifteen percent) thereof
29.2.2 Subject to the provisions of Clause 29.1.2 in the event Actual Traffic shall have exceeded the Target Traffic, then for every 1% (one percent) excess as compared to the Target Traffic, the Concession Period shall be reduced by 0.75% (zero point one percent) thereof; provided that such reduction in Concession Period shall not in any case exceed 10% (ten percent) thereof. For the avoidance of doubt and way of illustration, it is agreed that in the event of an excess of 8.7% (eight point seven percent) in Target Traffic, the Concession Period shall be reduced by 6% (six percent) thereof.
Modification in the Concession Period. In the event of the Authority or any Government Instrumentality commissioning or operating, or causing the commissioning or operation of any Competing Facility within 100 (one hundred) km at any time until the 10th (tenth) anniversary of the Appointed Date, the following shall apply:
(a) The Authority shall be liable to compensate to the Concessionaire the loss by extending the Concession Period by the proportion that can be mitigated by such extension. However, such extension shall not exceed more than 10% (ten per cent) of the Concession Period and such compensation shall be the sole remedy of the Concessionaire
(b) If the Concession Period is to be increased in accordance with the provisions of this Clause 29.2, the same shall be added to the Concession Period under and in accordance with all other provisions of this Agreement, save and except the provisions relating to Termination.
Modification in the Concession Period. In the event of the Government or any Government Instrumentality constructing or causing construction of any Additional Tollway, the following shall apply:
(a) Deleted
Modification in the Concession Period. There shall be no modification in the Concession Period, subject to increase in the number of Driving Test Tracks Centres.
Modification in the Concession Period. In the event of MPRDC or any Government Instrumentality constructing or causing construction of any Additional Tollway, the following shall apply:
a) if the Additional Tollway is opened to traffic between the 20th (twenieth) and 25th (twenty fifth) anniversary of the Appointed Date, the Concessionaire shall be entitled to an additional Concession Period, which shall be equal in duration to the period between the opening of the Additional Tollway and the 25th (twenty fifth) anniversary. For the avoidance of doubt, if the Additional Tollway is opened on the 17th (seventeenth) anniversary, the Concession Period shall be deemed to be 28th (twenty eight) years.
Modification in the Concession Period. In the event of the Authority or any Government Instrumentality constructing or causing construction of any Additional Tollway, the following shall apply:
(a) if the Additional Tollway is proposed to be opened to traffic between the 17th (seventeenth) and 27th (Twenty Seventh) anniversary of the Appointed Date, the Concessionaire shall be entitled to an additional Concession Period, which shall be equal in duration to period between the opening of the Additional Tollway and the 27th (Twenty Seventh)
