Treatment of incomplete works. 23.9.1 The Parties acknowledge and agree that in the event COD occurs upon issuance of a Provisional Certificate, the Annuity Payments and O&M Payments specified in this Article 23 shall be made as if all works comprising the Project have been completed. The works remaining incomplete shall be completed by the Concessionaire in accordance with the provisions of this Agreement and thereupon, the Completion Certificate shall be issued forthwith. 23.9.2 In the event the Authority determines that any incomplete works referred to in Clause 23.9.1 are not required to be completed for any reason, it shall modify the Scope of the Project in accordance with the provisions of Article 16 and the Completion Cost, Annuity Payments and O&M Payments shall be reduced to reflect the sums saved by the Concessionaire on account of such Change of Scope. For the avoidance of doubt, the Parties expressly agree that such Change of Scope and the consequent reduction in Completion Cost, Annuity Payments and O&M Payments shall be undertaken such that the Concessionaire is not placed in a disadvantageous financial position on account thereof, and assistance of the Independent Engineer shall be taken for any assessment hereunder.
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Samples: Concession Agreement, Concession Agreement, Concession Agreement
