Common use of Two-Laning of the Project Highway Clause in Contracts

Two-Laning of the Project Highway. 12.3.1 On or after the Appointed Date, the Concessionaire shall undertake construction of Two-Laning as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The 365th (three hundred and sixty fifth) day from the Appointed Date shall be the scheduled date for completion of Two-Laning (the “Scheduled Two- Laning Date”) and the Concessionaire agrees and undertakes that Two- Laning shall be completed on or before the Scheduled Two-Laning Date. 12.3.2 The Concessionaire shall construct the Project Highway in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Two- Laning Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above; provided further that in the event COD is achieved on or before the Scheduled Two-Laning Date, the Damages paid under this Clause 12.3.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 12.3.3 In the event that Two-Laning is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Two-Laning Date, unless the delay is on account of reasons attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement.

Two-Laning of the Project Highway. 12.3.1 12.4.1 On or after the Appointed Date, the Concessionaire shall undertake construction of Two-Laning as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The 365th 730th (three seven hundred and sixty fifththirtieth) day from the Appointed Date shall be the scheduled date for completion of Two-Two- Laning (the “Scheduled Two- Two-Laning Date”) and the Concessionaire agrees and undertakes that Two- Laning shall Two-Laning]shall be completed on or before the Scheduled Two-Laning Date. 12.3.2 12.4.2 The Concessionaire shall construct the Project Highway in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-Schedule- G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the AuthorityGovernment, it shall pay Damages to the Authority Government in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Two- Two-Laning Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above; provided further that in the event COD Project Completion Date is achieved on or before the Scheduled Two-Laning Date, the Damages paid under this Clause 12.3.2 12.4.2 shall be refunded by the Authority Government to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 12.4.2 shall be without prejudice to the rights of the Authority Government under this Agreement, including the right of Termination thereof. 12.3.3 12.4.3 In the event that Two-Laning is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Two-Two- Laning Date, unless the delay is on account of reasons solely attributable to the Authority Government or due to Force Majeure, the Authority Government shall be entitled to terminate this Agreement.

Two-Laning of the Project Highway. 12.3.1 12.4.1 On or after the Appointed Date, the Concessionaire shall undertake construction of Two-Laning as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The 365th 730th (three seven hundred and sixty fifththirtieth) day from the Appointed Date shall be the scheduled date for completion of Two-Laning (the “"Scheduled Two- Two-Laning Date”") and the Concessionaire agrees and undertakes that Two- Two-Laning shall be completed on or before the Scheduled Two-Laning Date. 12.3.2 12.4.2 The Concessionaire shall construct the Project Highway in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.10.1 % (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Two- Two-Laning Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above; provided further that in the event COD Project Completion Date is achieved on or before the Scheduled Two-Laning Date, the Damages paid under this Clause 12.3.2 12.4.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 12.4.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 12.3.3 12.4.3 In the event that Two-Laning is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Two-Laning Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement.

Two-Laning of the Project Highway. 12.3.1 12.4.1 On or after the Appointed Date, the Concessionaire shall undertake construction of Two-Laning Two -Laning as specified in Schedule-Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The 365th 730th (three seven hundred and sixty fifththirtieth) day from the Appointed Date shall be the scheduled date for completion of Two-Laning Two -Laning (the “Scheduled Two- Laning Date”) and the Concessionaire agrees and undertakes that Two- Laning Two -Laning shall be completed on or before the Scheduled Two-Laning Date. 12.3.2 12.4.2 The Concessionaire shall construct the Project Highway in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the AuthorityMPRDC , it shall pay Damages to the Authority MPRDC in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Two- Laning Two -Laning Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above; provided further that in the event COD Project Completion Date is achieved on or before the Scheduled Two-Laning Two -Laning Date, the Damages paid under this Clause 12.3.2 12.4.2 shall be refunded by the Authority MPRDC to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 12.4.2 shall be without prejudice to the rights of the Authority MPRDC under this Agreement, including the right of Termination thereof. 12.3.3 12.4.3 In the event that Two-Two Laning is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Two-Laning Date, unless the delay is on account of reasons solely attributable to the Authority MPRDC or due to Force Majeure, the Authority MPRDC shall be entitled to terminate this Agreement.

Two-Laning of the Project Highway. 12.3.1 12.4.1 On or after the Appointed Date, the Concessionaire shall undertake construction of Two-Laning as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The 365th 730th (three seven hundred and sixty fifththirty) day from the Appointed Date shall be the scheduled date for completion of Two-Laning (the “Scheduled Two- Two-Laning Date”) and the Concessionaire agrees and undertakes that Two- Laning shall be completed on or before the Scheduled Two-Two- Laning Date. 12.3.2 12.4.2 The Concessionaire shall construct the Project Highway in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the AuthorityMPRDC, it shall pay Damages to the Authority MPRDC in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Two- Two-Laning Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above; provided further that in the event COD Project Completion Date is achieved on or before the Scheduled Two-Laning Date, the Damages paid under this Clause 12.3.2 12.4.2 shall be refunded by the Authority MPRDC to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 12.4.2 shall be without prejudice to the rights of the Authority MPRDC under this Agreement, including the right of Termination thereof. 12.3.3 12.4.3 In the event that Two-Laning is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Two-Laning Date, unless the delay is on account of reasons solely attributable to the Authority MPRDC or due to Force Majeure, the Authority MPRDC shall be entitled to terminate this Agreement.