Common use of Reduction in Scope of the Project Clause in Contracts

Reduction in Scope of the Project. If the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to MOR, MOR may, in its discretion, require the Concessionaire to pay 90% (nighty per cent) of the sum saved there from, and upon such payment to MOR, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled. For the avoidance of doubt, it is agreed that in the event such reduction in Scope of the Project causes or will cause a reduction in net after-tax return of the Concessionaire, the Parties shall meet, as soon as reasonably practical, and agree on a full or partial waiver of the aforesaid payment of 90% (nighty per cent) so as to place the Concessionaire in the same financial position as it would have enjoyed had there been no reduction in Scope of the Project. It is further agreed that the liability of MOR under this Clause 16.2 shall not extend beyond waiver of the aforesaid 90% (nighty per cent). It is also agreed that in the event of a dispute, the Dispute Resolution Procedure shall apply.

Reduction in Scope of the Project. 16.6.1 If the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to MORthe Authority, MOR the Authority may, in its discretion, require the Concessionaire to pay 9080% (nighty eighty per cent) of the sum saved there fromtherefrom, and upon such payment to MORthe Authority, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled. For the avoidance of doubt, it is agreed that in the event such reduction in Scope of the Project causes or will cause a reduction in net after-tax return of the Concessionaire, . the Parties shall meet, as soon as reasonably practical, and agree on a full or partial waiver of the aforesaid payment of 9080% (nighty eighty per cent) so as to place the Concessionaire in the same financial position as it would have enjoyed had there been no reduction in Scope of the Project. It is further agreed that the liability of MOR under , and for this Clause 16.2 shall not extend beyond waiver of the aforesaid 90% (nighty per cent). It is also agreed that in the event of a disputepurpose, the Dispute Resolution Procedure Parties shall applyconform to the provisions of Clause 46.

Reduction in Scope of the Project. If the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to MOR, MOR may, in its discretion, require the Concessionaire to pay 9080% (nighty eighty per cent) of the sum saved there from, and upon such payment to MOR, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled. For the avoidance of doubt, it is agreed that in the event such reduction in Scope of the Project causes or will cause a reduction in net after-tax return of the Concessionaire, the Parties shall meet, as soon as reasonably practical, and agree on a full or partial waiver of the aforesaid payment of 9080% (nighty eighty per cent) so as to place the Concessionaire in the same financial position as it would have enjoyed had there been no reduction in Scope of the Project. It is further agreed that the liability of MOR under this Clause 16.2 shall not extend beyond waiver of the aforesaid 9080% (nighty eighty per cent). It is also agreed that in the event of a dispute, the Dispute Resolution Procedure shall apply.

Reduction in Scope of the Project. If the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to MOR, MOR may, in its discretion, require the Concessionaire to pay 9080% (nighty eighty per cent) of the sum saved there fromtherefrom, and upon such payment to MOR, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled. For the avoidance of doubt, it is agreed that in the event such reduction in Scope of the Project causes or will cause a reduction in net after-tax return of the Concessionaire, the Parties shall meet, as soon as reasonably practical, and agree on a full or partial waiver of the aforesaid payment of 9080% (nighty eighty per cent) so as to place the Concessionaire in the same financial position as it would have enjoyed had there been no reduction in Scope of the Project. It is further agreed that the liability of MOR under this Clause 16.2 shall not extend beyond waiver of the aforesaid 9080% (nighty eighty per cent). It is also agreed that in the event of a dispute, the Dispute Resolution Procedure shall apply.