Common use of Termination Payment for Force Majeure Event Clause in Contracts

Termination Payment for Force Majeure Event. 34.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover. 34.9.2 If Termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due; (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and (c) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder. 34.9.3 If Termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 as if it were a Authority Default.

Appears in 16 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Termination Payment for Force Majeure Event. 34.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover.. xxx.xxxxxx.xxx Downloaded 34.9.2 If Termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due; (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and (c) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder. 34.9.3 If Termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 as if it were a Authority Default.

Appears in 8 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Termination Payment for Force Majeure Event. 34.9.1 31.9.1 If Termination is on account of a Non-Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover. 34.9.2 31.9.2 If Termination is on account of an Indirect Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due; (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and (c) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder. 34.9.3 31.9.3 If Termination is on account of a Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 34.3.2 as if it were a Authority MOR Default.

Appears in 3 contracts

Samples: Construction Agreement, Construction Contract, Construction Agreement

Termination Payment for Force Majeure Event. 34.9.1 (a) If Termination termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less LESS Insurance Cover.; ; 34.9.2 (b) If Termination termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (ai) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due; (bii) 110% (one hundred and ten per cent) of the Adjusted Equity; and; (c) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder. 34.9.3 If Termination termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 33.3 (b) as if it were a an Authority Default. Provided, no Termination Payment shall be payable to the Concessionaire if the Concessionaire fails to maintain Insurance Cover as contemplated under Article 29 of this Agreement.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Termination Payment for Force Majeure Event. 34.9.1 28.9.1 If Termination is on account of a Non-Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover. 34.9.2 28.9.2 If Termination is on account of an Indirect Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due; (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and (c) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder.] 34.9.3 28.9.3 If Termination is on account of a Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 30.3.2 as if it were a Authority MOR Default.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

Termination Payment for Force Majeure Event. 34.9.1 28.9.1 If Termination is on account of a Non-Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover. 34.9.2 28.9.2 If Termination is on account of an Indirect Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due; (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and (c) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder.] 34.9.3 28.9.3 If Termination is on account of a Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 30.3.2 as if it were a Authority MOR Default. 28.9.4 Termination Payments will not include the Cost of Land.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

Termination Payment for Force Majeure Event. 34.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover.. xxx.xxxxxx.xxx 34.9.2 If Termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due; (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and (c) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder. 34.9.3 If Termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 as if it were a Authority Default.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Termination Payment for Force Majeure Event. xxx.xxxxxx.xxx Downloaded 34.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover. 34.9.2 If Termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due; (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and (c) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder. 34.9.3 If Termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 as if it were a Authority Default.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Termination Payment for Force Majeure Event. 34.9.1 Upon occurrence of a Force Majeure Event resulting in Termination of the Agreement, the Concessioning Authority shall make payments in line with the following, to the Concessionaire (“Termination Payments”): (i) If Termination is on account of a Non-Political Event, the Concessioning Authority shall make a Termination Payment to the Concessionaire in of an amount equal to 90% (ninety per cent) of the Debt Due less Insurance CoverCover for assets under the Concessionaire’s ownership. 34.9.2 (ii) If Termination is on account of an Indirect Political Event, the Concessioning Authority shall make a Termination Payment to the Concessionaire in of an amount equal to: (a) a. Debt Due less Insurance CoverCover for assets under the Concessionaire ownership; provided that if any insurance Insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall also be included in the computation of Debt Due;Termination Payments; plus (b) b. 110% (one hundred and ten per cent) of the Adjusted Equity; and. (ciii) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder. 34.9.3 If Termination is on account of a Political Event, the Concessioning Authority shall make a Termination Payment to the Concessionaire in pay an amount that would be payable under Clause 37.3.2 Article 9.2 as if it were a Authority Concessioning Authority’s Default.

Appears in 1 contract

Samples: Concession Agreement

Termination Payment for Force Majeure Event. 34.9.1 (a) If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover. 34.9.2 (b) If Termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (ai) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due;; and (bii) 110% (one hundred and ten per cent) of the Adjusted Equity; and. (ciii) an amount equivalent to the Additional Termination Payment less Insurance Cover; , provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder, if applicable. 34.9.3 (c) If Termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 33.3(b) as if it were a an Authority Default.

Appears in 1 contract

Samples: Concession Agreement

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Termination Payment for Force Majeure Event. 34.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to (i) 100% (one hundred per cent) of the amount deposited by the Concessionaire in the Designated Account till the date of such Termination without any interest; and (ii) 90% (ninety per cent) of the Debt Due less Insurance CoverCover . 34.9.2 If Termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due;; and (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and. (c) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80100% (eighty one hundred per cent) of such unpaid claims shall be included in computation of the amount payable hereunder.deposited by the Concessionaire in the Designated Account till the date of such Termination without any interest; 34.9.3 If Termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 as if it were a Authority Default.

Appears in 1 contract

Samples: Concession Agreement

Termination Payment for Force Majeure Event. 34.9.1 31.9.1 If Termination is on account of a Non-Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover. 34.9.2 31.9.2 If Termination is on account of an Indirect Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due; (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and (c) an amount equivalent to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunder. 34.9.3 31.9.3 If Termination is on account of a Political Event, the Authority MOR shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 34.3.2 as if it were a Authority DefaultMORDefault.

Appears in 1 contract

Samples: Construction Agreement

Termination Payment for Force Majeure Event. 34.9.1 27.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due (which shall in no case be more than 67% (sixty seven percent) of the Total Project Cost) less Insurance Cover. 34.9.2 27.9.2 If Termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due (which shall in no case be more than 50% (Fifty percent) of the Total of the Upfront Fee Paid by Concessionaire) less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due;Due(which shall in no case be more than 50% (Fifty percent) of the Total of the Upfront Fee Paid by Concessionaire); and (b) 110100% (one hundred and ten per cent) of the Adjusted Equity; and. (c) an amount equivalent to the Additional Termination Payment less Less: Insurance Cover; , provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent80%(eighty percent) of such unpaid claims shall be included in the computation of the amount payable hereunderDebt Due. 34.9.3 27.9.3 If Termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 as if it were a Authority Article22.3.2i.eAuthority’sEvent of Default.. less Insurance Cover

Appears in 1 contract

Samples: Concession Agreement

Termination Payment for Force Majeure Event. 34.9.1 22.8.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover. 34.9.2 22.8.2 If Termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due;; and (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and (c) an amount equivalent provided that in the event such Termination occurs after COD, such Termination Payment shall in no case be less than the sum of Annuity Payments remaining unpaid for and in respect of the Concession Period, including interest thereon up to the Additional Termination Payment less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in computation of the amount payable hereunderTransfer Date. 34.9.3 22.8.3 If Termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 24.3.3 as if it were a an Authority Default.

Appears in 1 contract

Samples: Concession Agreement

Termination Payment for Force Majeure Event. 34.9.1 28.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover. 34.9.2 28.9.2 If Termination is on account of an Indirect Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to: (a) Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty 80%(eighty per cent) of such unpaid claims shall be included in the computation of Debt Due;; and (b) 110% (one hundred and ten per cent) of the Adjusted Equity; and (c) an amount equivalent to provided that in the Additional event such Termination occurs after COD, such Termination Payment shall in no case be less Insurance Cover; provided that if any insurance claims forming part than the sum of Annuity Payments remaining unpaid for and in respect of the Insurance Cover are not admitted and paidConcession Period, then 80% (eighty per cent) of such unpaid claims shall be included in computation of including interest thereon upto the amount payable hereunderTransfer Date. 34.9.3 28.9.3 If Termination is on account of a Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount that would be payable under Clause 37.3.2 31.3.3 as if it were a an Authority Default.

Appears in 1 contract

Samples: Concession Agreement

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