Common use of Penalty in case of Non-performance Clause in Contracts

Penalty in case of Non-performance. The non performance/non functional of water ATM for more than 4 hours in a day during the operational hours will be considered as 1 day of non operation/non functional. Not dispensing of water, non display of water parameters, not giving on-line data etc shall be termed as non performance/non functional. i) In case the water quality is not as per IS10500:2012 standard the ATM should stop dispensing water immediately. It the machine is found dispensing water not confirming to IS10500:2012 standard DMRC shall impose a penalty of Rs. 10,000/- for each such event for each ATM. ii) In case of non operation/non functioning of Water ATM beyond 4 hours in a day, penalty shall be imposed as follows: a. Up to 2 days - Rs.2000/-per day/per ATM b. From 3-5 days - Rs.4000/- per day/per ATM c. Above 5 days - Rs.5000/- per day/per ATM d. Beyond the above mentioned days of non performance/non functioning of any water ATM DMRC may initiate the termination of the License Agreement with forfeiture of Interest free Security Deposit after adjustment of any dues payable to DMRC.. e. If Total imposed penalty is more than Rs. 1,00,000 for the agreement ,the license agreement may be terminated with forfeiture of Interest free Security Deposit after adjustment of any dues payable to DMRC, subject to approval of a HOD level officer of DMRC.

Penalty in case of Non-performance. The non performance/non functional of water ATM for more than 4 hours in a day during the operational hours will be considered as 1 day of non operation/non functional. Not dispensing of water, non display of water parameters, not giving on-line data etc shall be termed as non performance/non functional. i) In case the water quality is not as per IS10500:2012 standard the ATM should stop dispensing water immediately. It the machine is found dispensing water not confirming to IS10500:2012 standard DMRC shall impose a penalty of Rs. 10,000/- for each such event for each ATM. ii) In case of non operation/non functioning functional of Water ATM beyond 4 hours in a day, penalty shall be imposed as follows: a. Up to 2 days - Rs.2000/-per day/per ATM b. From 3-5 days - Rs.4000/- per day/per ATM c. Above 5 days - Rs.5000/- per day/per ATM d. Beyond the above mentioned days of non performance/non functioning functional of any water ATM DMRC may initiate the termination of the License Agreement with forfeiture of Interest free Security Deposit after adjustment of any dues payable to DMRC.. e. If Total imposed penalty is more than Rs. 1,00,000 for the agreement ,the license agreement may be terminated with forfeiture of Interest free Security Deposit after adjustment of any dues payable to DMRC, subject to approval of a HOD level officer of DMRC.