Payment Upon Termination During Construction Period Sample Clauses

Payment Upon Termination During Construction Period. (a) If the Agreement is terminated because of a Fundamental Breach of Agreement by the Operator or due to Force Majeure as per Article 13.4, the Company shall pay to the Operator an amount equal to the value of the work completed and materials ordered for which payment has been made by the Operator less recoveries, if any, due from the Operator to the Company in terms of the Agreement, less taxes to be deducted at source as per the Applicable Laws. If the total amount due to the Company exceeds any payment due to the Operator the difference shall be Operator’s debt payable to the Company. Provided that the Company shall have a right to damages in respect of any delay incurred or arising from the breach. The Company shall be entitled at its sole discretion to forfeit the Construction Performance Security provided by the Operator. (b) If the Agreement is terminated because of a Fundamental Breach of the Agreement by the Company, the Company shall pay to the Operator an amount equal to the value of work completed, the reasonable cost of removal of equipment and materials (which belong to the Operator and/or its sub- contractors and not a part of the total scope of work), repatriation of the Operator’s personnel employed solely on the Construction Works, and the Operator's cost of protecting and securing the Construction Works less recoveries, if any, due from the Operator to the Company in terms of the Agreement and less taxes to be deducted at source as per the Applicable Laws. The Company shall return and refund the Construction Performance Security provided by the Operator; provided there are no outstanding claims of the Company on the Operator. (c) The payment upon termination pursuant to sub-section (a) and