Common use of Restrictions on certain works Clause in Contracts

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 3% (three per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 10% (ten per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 16 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Project by the Scheduled Completion Date; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Change of Scope Order shall not be reckoned for purposes of determining completion of Bus Terminal the Project and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 310% (three ten per cent) of the Total Bid Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1025% (ten twenty five per cent) of the Total Bid Project Cost at any time during the Concession Period.

Appears in 12 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Restrictions on certain works. from 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 3% (three per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 10% (ten per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 10 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Project COD; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order order shall not be reckoned for the purposes of determining completion of Bus Terminal the Project and issuing the Provisional Completion Certificate or Deemed Completion Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 3[10% (three ten per cent) )] of the Total estimated market value of the buildings comprising the Resort and the Project Cost Infrastructure in any continuous period of [3 (three) )] years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 10[20% (ten twenty per cent) )] of the Total Project Cost such market value at any time during the Concession Period.

Appears in 6 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Restrictions on certain works. 16.4.1 16.4.1. Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided Storage Facility; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal Storage Facility and issuing the Provisional Certificate. 16.4.2 16.4.2. Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 35% (three five per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1020% (ten twenty per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Port by the Scheduled Completion Date; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal the Port and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 310% (three ten per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1025% (ten twenty five per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority MOR shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Rail System; provided that in the event that the Authority MOR considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Change of Scope Order shall not be reckoned for purposes of determining completion of Bus Terminal the Rail System and issuing the Provisional Completion Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 35% (three five per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1020% (ten twenty per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 3 contracts

Samples: Construction Contract, Construction Agreement, Construction Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16Article16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Project by the Scheduled Completion Date, provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Change of Scope Order shall not be reckoned for purposes of determining completion of Bus Terminal the Project and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 310% (three per centten percent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1025% (ten per centtwenty five percent) of the Total Project Cost at any time during the Concession Period.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the XXX Ropeway; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal XXX Ropeway and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 35% (three five per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1020% (ten twenty per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 3 contracts

Samples: Concession Agreement, Model Concession Agreement, Concession Agreement

Restrictions on certain works. 16.4.1 16.4.1. Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided project; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal project and issuing the Provisional Certificate. 16.4.2 16.4.2. Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled beentitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 35% (three five per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1020% (ten twenty per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority MPRDC shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided Two- Laning; provided that in the event that the Authority MPRDC considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal Two-Laning and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 35% (three five per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1020% (ten twenty per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided Two-Laning Plus by the Scheduled Two Laning Plus Date; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal Two- Laning Plus and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 310% (three ten per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1025% (ten twenty five per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal and issuing the Provisional Certificate.. Downloaded from 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 3% (three per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 10% (ten per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Project; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 35% (three five per cent) of the Total Project Cost in any continuous period of 3 1 (threeone) years year immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1020% (ten twenty per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Model Concession Agreement

Restrictions on certain works. 16.4.1 16.4.1. Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Airport by the Scheduled Completion Date; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal the Airport and issuing the Provisional Certificate. 16.4.2 16.4.2. Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 310% (three ten per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1025% (ten twenty-five per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Concession Agreement

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Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority Government shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided Two-Laning; provided that in the event that the Authority Government considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal Two-Laning and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 35% (three five per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1020% (ten twenty per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided Two-Laning; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal Two-Laning and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 35% (three five per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1020 % (ten twenty per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Transmission System; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal the Transmission System and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 35% (three five per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1020% (ten twenty per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Transmission Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority MOPIT shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Project; provided that in the event that the Authority MOPIT considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal the Project and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 35% (three five per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1020% (ten twenty per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Project COD beyond the SCOD; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order order shall not be reckoned for the purposes of determining completion of Bus Terminal the Project and issuing the Provisional Completion Certificate or Deemed Completion Certificate. 16.4.2 . Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 310% (three ten per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1025% (ten twenty five per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Project; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Change of Scope Order shall not be reckoned for purposes of determining completion of Bus Terminal the Project and issuing the Provisional Completion Certificate.. DRAFT 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 310% (three ten per cent) of the Total Estimated Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1025% (ten twenty five per cent) of the Total Estimated Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided Two-Laning by the Scheduled Two Laning Date; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal Two- Laning and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 310% (three ten per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1025% (ten twenty five per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Heliport; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Bus Terminal the Heliport and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 310% (three ten per cent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1025% (ten twenty five per cent) of the Total Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Concession Agreement

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16Article16, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Concessionaire to undertake any works or services if such works or services are likely to delay completion of Bus Terminal. Provided the Project by the Scheduled Completion Date, provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Change of Scope Order shall not be reckoned for purposes of determining completion of Bus Terminal the Project and issuing the Provisional Certificate. 16.4.2 Notwithstanding anything to the contrary contained in this Article 16, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders to exceed 310% (three per centten percent) of the Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 1025% (ten per centtwenty five percent) of the Total Project Cost at any time during the Concession Period.

Appears in 1 contract

Samples: Concession Agreement

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