Unscheduled Maintenance. Any maintenance, repair or rectification of the Storage Facility not forming part of Scheduled Maintenance shall be deemed to be unscheduled maintenance (the “Unscheduled Maintenance”). For the avoidance of doubt, it is agreed that any maintenance arising out of de-commissioning and Forced Closure of the whole or any part of the Storage Facility under the provisions of Clause 17.7 shall be deemed to be Unscheduled Maintenance. It is further agreed that any closure, suspension or reduction of Storage Capacity arising out of Unscheduled Maintenance shall be deemed as Non- Availability of Storage Capacity and excluded from the computation of Availability 17.10.1. In the event that the Concessionaire fails to repair or rectify any defect or deficiency set forth in the Maintenance Requirements within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at the higher of (a) 0.5% (zero point five per cent) of Fixed Storage Charge, and (b) 0.1% (zero point one per cent) of the cost of such repair or rectification as estimated by the Independent Expert. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 17.10.2. The Damages set forth in Clause 17.10.1 may be assessed and specified forthwith by the Independent Expert; provided that the Authority may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire is otherwise in compliance with its obligations hereunder. The Concessionaire shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution Procedure shall apply.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Unscheduled Maintenance. 17.8.1 Any maintenance, repair or rectification of the Storage Facility Transmission System not forming part of Scheduled Maintenance shall be deemed to be unscheduled maintenance (the “Unscheduled Maintenance”). For the avoidance of doubt, it is agreed that any maintenance arising out of de-commissioning and Forced Closure Outage of the whole or any part of the Storage Facility Transmission System under the provisions of Clause 17.7 17.6 shall be deemed to be Unscheduled Maintenance. It is further agreed that any closure, suspension or reduction of Storage Capacity transmission capacity arising out of Unscheduled Maintenance shall shall, subject to the provisions of Clause 17.8.2, be deemed as Non- Non-Availability of Storage System Capacity and excluded from the computation of Availability.
17.10.1. In 17.8.2 Notwithstanding anything to the event contrary contained in Clause 17.8.1, any loss or reduction in availability of System Capacity occurring due to any of the following events, shall, save and except to the extent such events are not attributable to any act or omission of the Concessionaire, be deemed as Availability:
(a) tripping, outages or shut down of the System Capacity or part thereof, availed by other agency(s) for construction or maintenance of other transmission systems;
(b) manual tripping of lines due to over voltage or under frequency in pursuance of the directions of SLDC or RLDC; or
(c) Forced Outage caused by a grid incident or disturbance not attributable to the Concessionaire, such as, faults in sub-station or bays owned by other agencies causing outage of the Transmission System or part thereof, or tripping of lines due to grid disturbance: Provided that the loss or reduction in availability of System Capacity hereunder shall be of no greater scope and of no longer duration than is reasonably required by the aforesaid events: Provided further that the Concessionaire fails shall make all reasonable efforts to repair mitigate or rectify any defect limit the loss or deficiency set forth reduction in availability of System Capacity arising out of such events and shall cure the Maintenance Requirements within same with due diligence and urgency: Provided also that the period specified therein, it Concessionaire shall be deemed to be in breach of this Agreement and notify the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at the higher of (a) 0.5% (zero point five per cent) of Fixed Storage Charge, and (b) 0.1% (zero point one per cent) forthwith upon restoration of the cost availability of such repair or rectification as estimated by the Independent Expert. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereofSystem Capacity hereunder.
17.10.2. The Damages set forth in Clause 17.10.1 may be assessed and specified forthwith by the Independent Expert; provided that the Authority may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire is otherwise in compliance with its obligations hereunder. The Concessionaire shall pay such Damages forthwith and in the event that it contests such Damages, the Dispute Resolution Procedure shall apply.
Appears in 1 contract
Samples: Transmission Agreement