Termination upon delay. Without prejudice to the provisions of Articles 4.2 and 4.3, and subject to the provisions of Article 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of 180 (one hundred and eighty) days from the Execution Date or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire and the Agreement may be terminated by the non-defaulting Party. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security or the Bid Security, as the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.
Termination upon delay. 4.10.1. Without prejudice to the Damages for delay prescribed in Clause 4.6 and4.7 above, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, within a period of [180 (one hundred and eighty)] days from the Execution Date or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased and the Agreement may be terminated by the non-defaulting Party. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security of the Concessionaire shall be encashed and appropriated by the Authority/ULB as Damages thereof. Instead of terminating this Agreement as provided in Clause 4.10.1 above, the Parties may by mutual agreement extend the time for fulfilling the Conditions Precedent. In the event of such extension in time for fulfilling Conditions Precedent, the Concession Period shall also be extended proportionately. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security of the Concessionaire shall be encashed and appropriated by the Authority/ULB as Damages thereof.
Termination upon delay. The Seller’s failure to achieve the Initial Delivery Date within three hundred and sixty-five (365) days after the Expected Initial Delivery Date will constitute an Event of Default pursuant to Section 5.1(a)(vi) of this Agreement. If such an Event of Default occurs, then any time prior to the occurrence of the Initial Delivery Date, Buyer may elect to exercise the remedies that are available upon an Event of Default pursuant to Article V, or in the alternative, Buyer may extend the end date of the Delivery Term by a period equal to the difference between the Expected Initial Delivery Date and actual Initial Delivery Date.
Termination upon delay. Without prejudice to the provisions of Clause 4.2 and Article 9, in the event the CP Completion Date does not occur, for any reason whatsoever, on or before the timeline mentioned in Project Completion Schedule at Schedule G or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, TANGEDCO in its discretion may terminate this Agreement. Provided that, in the event such delay in occurrence of the CP Completion Date is for reasons attributable to the Mine Developer and Operator, TANGEDCO shall, without prejudice to Clause 4.2, be entitled to appropriate the Performance Security as Damages thereof. ******
Termination upon delay. Without prejudice to the provisions of Clauses 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 3 (three) months from the date of LOA of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Operator, and the Authority may terminate the Agreement. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Operator, the Performance Security of the Operator shall be encashed and appropriated by the Authority as Damages thereof.
Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and Article 9, and unless otherwise agreed between the Parties, in the event the Appointed Date does not occur, for any reason whatsoever, after second anniversary from the Appointed Date or such extended period as maybe agreed between the Parties in accordance with this Agreement, HCL shall at its sole discretion be entitled to terminate this Agreement forthwith and all rights, privileges, claims and entitlements of the MDO under or arising out of this Agreement shall cease to have effect on and from the date of the notice issued by HCL for terminating the Agreement. Further, the Parties agree that in the event such delay in occurrence of the Appointed Date is due to reasons attributable to MDO, HCL shall, without affecting its rights under Clause
