Common use of Penalty for shortfall in performance Clause in Contracts

Penalty for shortfall in performance. The Concessionaire shall ensure and procure compliance of each of the Key Performance Indicators specified in this Article 21 and for any shortfall in average performance during a quarter, it shall pay Damages within 30 (thirty) days of the quarter in which the shortfall occurred. The Damages due and payable under this Clause 21.3shall be determined at the rate of [1% (one per cent) of the total revenue from Fee in the respective quarter for every shortfall of 10% (ten per cent)] in any single performance indicator specified in this Article 21; provided, however, that the Authority may waive the Damages, in part or full, if it is satisfied that the Concessionaire has been carrying out its obligations diligently and efficiently and that the shortfall to be waived was on account of reasons beyond the control of the Concessionaire.

Penalty for shortfall in performance. The Concessionaire shall ensure and procure compliance of each of the Key Performance Indicators specified in this Article 21 and for any shortfall in average performance during a quarter, it shall pay Damages within 30 (thirty) days of the quarter in which the shortfall occurred. The Damages due and payable under this Clause 21.3shall 21.3 shall be determined at the rate of [1% (one per cent) of the total revenue from Fee charge(s) in the respective quarter for every shortfall of 10% (ten per cent)] ) in any single performance indicator specified in this Article 21; provided, however, that the Authority may waive the Damages, in part or full, if it is satisfied that the Concessionaire has been carrying out its obligations diligently and efficiently and that the shortfall to be waived was on account of reasons beyond the control of the Concessionaire.

Penalty for shortfall in performance. The Concessionaire shall ensure and procure compliance of each of the Key Performance Indicators key performance indicators specified in this Article 21 and for any shortfall in average performance during a quarter, it shall pay Damages to the Authority within 30 (thirty) days of the quarter in which the shortfall occurred. The Damages due and payable under this Clause 21.3shall 21.7 shall be determined at the rate of [1% (one per cent) of the total operating revenue from Fee in of the respective quarter for every shortfall of 10% (ten per cent)] ) in any single performance indicator specified in this Article 21; provided, however, that the Authority may waive the Damages, in part or full, if it is satisfied that the Concessionaire has been carrying out its obligations diligently and efficiently and that the shortfall to be waived was on account of reasons beyond the control of the Concessionaire.

Penalty for shortfall in performance. The Concessionaire shall ensure and procure compliance of each of the Key Performance Indicators specified in this Article 21 20 and for any shortfall in average performance during a quarter, it shall pay Damages within 30 (thirty) days of the quarter in which the shortfall occurred. The Damages due and payable under this Clause 21.3shall 20.6 shall be determined at the rate of [1% (one per cent) of the total revenue from Fee fee in the respective quarter for every shortfall of 10% (ten per cent)] in any single performance indicator specified in this Article 2120; provided, however, that the Authority may waive the Damages, in part or full, if it is satisfied that the Concessionaire has been carrying out its obligations diligently and efficiently and that the shortfall to be waived was on account of reasons beyond the control of the Concessionaire.

Penalty for shortfall in performance. The Concessionaire shall ensure and procure compliance of each of the Key Performance Indicators specified in this Article 21 and for any shortfall in average performance during a quarter, it shall pay Damages within 30 (thirty) days of the quarter in which the shortfall occurred. The Damages due and payable under this Clause 21.3shall 21.6 shall be determined at the rate of [1% (one per cent) of the total revenue from Fee fee in the respective quarter for every shortfall of 10% (ten per cent)] in any single performance indicator specified in this Article 21; provided, however, that the Authority may waive the Damages, in part or full, if it is satisfied that the Concessionaire has been carrying out its obligations diligently and efficiently and that the shortfall to be waived was on account of reasons beyond the control of the Concessionaire.

Penalty for shortfall in performance. The Concessionaire shall ensure and procure compliance of each of the Key Performance Indicators specified in this Article 21 and for any shortfall in average performance during a quarter, it shall pay Damages within 30 (thirty) days of the quarter in which the shortfall occurred. The Damages due and payable under this Clause 21.3shall 21.6 shall be determined at the rate of [1% (one per cent) of the total revenue from Fee Fares in the respective quarter for every shortfall of 10% (ten per cent)] ) in any single performance indicator specified in this Article 21; provided, however, that the Authority Government may waive the Damages, in part or full, if it is satisfied that the Concessionaire has been carrying out its obligations diligently and efficiently and that the shortfall to be waived was on account of reasons beyond the control of the Concessionaire.