Damages for delay by the Authority. In the event that (i) the Authority does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.2 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Concessionaire or due to Force Majeure, the Authority shall pay to the Concessionaire Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day‟s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.
Damages for delay by the Authority. In the event that (i) the Authority does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.2 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Concessionaire or due to Force Majeure, the Authority shall pay to the Concessionaire Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day’s delay until the fulfillment of such Conditions Precedent, subject to the maximum limit equal to the amount of the Bid Security and upon reaching such limit, the Concessionaire may, in its sole discretion terminate the Agreement. The Damages payable hereunder shall be the sole remedy available to the Concessionaire for delay by the Authority. Provided further that in the event of delay by the Concessionaire in procuring fulfillment of the Conditions Precedent specified in Clause 4.1.3, no Damages shall be due or payable by the Authority under this Clause 4.2 until the date on which the Concessionaire shall have procured fulfillment of the Conditions Precedent specified in Clause 4.1.3.
Damages for delay by the Authority. In the event that the Concessionaire has fulfilled its Conditions Precedent and (i) the Authority does not procure fulfilment of its Conditions Precedent set forth in Clause 4.1.2 within the period specified in respect thereof, and
Damages for delay by the Authority. 4.3.1. If the Conditions Precedent set forth in Clause 4.1.3 have not been satisfied by the Authority within the stipulated period, and (i) the delay has not occurred as a result of breach of this Agreement by the Concessionaire or (ii) due to Force Majeure, the Authority shall pay to the Concessionaire Damages in an amount calculated at the rate of 0.1% of Performance Security for each day‟s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 10% (ten percent) of Performance Security. In the event the total Damages under this Clause4.
3.1 reaches the maximum level stipulated herein, the Concessionaire may terminate the Agreement in accordance with the provisions of Clause 21.2 and the Authority shall return the Performance Security on such Termination of the Agreement.
Damages for delay by the Authority. In the event that (a) the Authority does not procure fulfillment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within the period specified in respect thereof (including any extension of time granted), and (b) the delay has not occurred as a result of failure of the Mine Operator to fulfill the obligations under Clause 4.1.2 or as a result of breach of any provisions of this Agreement by the Mine Operator or due to Force Majeure, the Authority shall pay to the Mine Operator, Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each week, or part of a week, of delay until the fulfillment of such Conditions Precedent. Provided, however, that the Damages payable hereunder shall be subject to a maximum amount of 20% (twenty per cent) of the Performance Security.
Damages for delay by the Authority. In the event that
(i) the Authority does not procure fulfillment or waiver of any or all of the Conditions Precedent set forth in Article 4.1 within the period specified in respect thereof, and
(ii) the delay has not occurred as a result of breach of this Agreement by the Concessionaire or due to Force Majeure, the Authority shall extend the Concession Period for a period reckoned on a day to day basis, equivalent to the number of days of delay attributable to the Authority, subject to a maximum delay of 90 (ninety) days, after expiry of which the Concessionaire may issue a Termination Notice to the Authority. The Agreement shall stand terminated on the expiry of 15 (fifteen) days from the date of issue of Termination Notice.
Damages for delay by the Authority. 4.4.1 In the event that (i) the Authority does not procure fulfilment of any or all of the Transition Period Conditions set forth in Article 4.2 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Operator or due to Force Majeure, the Authority shall pay to the Operator Damages in an amount calculated at the rate of 0.01% (zero point zero one per cent) of the Start Up Period Performance Security for each day’s delay until the fulfilment of such Transition Period Conditions, subject to the maximum limit equal to 20% of the aggregate amount of the Start Up Period Performance Security. The Damages payable under this Article 4.4.1 shall be the sole remedy available to the Operator for delay by the Authority.
4.4.2 Provided that in the event of delay by the Operator in fulfilment of any Transition Period Conditions specified in Article 4.2, no Damages shall be due or payable by the Authority under this Article 4.4 until the date on which the Operator shall have fulfilled of the Transition Period Conditions specified in Article 4.2.
Damages for delay by the Authority. 4.3.1 In the event that:
(a) the Authority does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Article 4.1.2 within the period specified in that Article, and
(b) the delay has not occurred as a result of failure to fulfil the obligations by the Operator under Article 4.1.3 or other breach of this Contract by the Operator or due to Force Majeure; the Authority shall pay to the Operator, Damages in an amount calculated at the rate of Rs. 1,000/- (Rupees One Thousand) for each day of delay until the fulfilment of such Conditions Precedent, subject to a maximum amount equal to 10% (ten percent) of the Contract Performance Security, and upon reaching such maximum, the Operator may, in its sole discretion and subject to the provisions of Article 10.3, terminate the Contract.
4.3.2 In the event of delay by the Operator in procuring fulfilment of the Conditions Precedent specified in Article 4.1.2 having a direct impact on the fulfilment of any the Conditions Precedent to be fulfilled by the Authority under Article 4.1.2, no Damages shall be due or payable by the Authority under this Article 4.3 until the date on which the Operator shall have procured fulfilment of its such Condition Precedent. The payment of Damages pursuant to this Article 4.3 is independent of the Authority’s obligations under any other provision of this Contract.
Damages for delay by the Authority. In the event that (i) the Authority does not procure fulfilment/waiver of any or all of the Conditions Precedent set forth in Clause 4.1.2 within 180 days of the Execution Date, and
Damages for delay by the Authority. (a) In the event that the Authority does not procure fulfilment or waiver of the Conditions Precedent set forth in Clause 4.1.2 by the Scheduled CP Satisfaction Date (as the same may be extended in accordance with the provisions of Clause 4.2(b) above), or, within the time period specified for the fulfilment of such Condition Precedent, the Authority shall pay to the Operator Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day’s delay beyond the Scheduled CP Satisfaction Date until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty per cent) of the Performance Security. If the Authority delays in fulfilling its Conditions Precedent such that the cap on Damages set out herein is breached, then the Authority may continue to pay the Operator Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each additional day’s delay and if the Authority fails to pay such Damages, the Operator may, in its sole discretion, terminate the Agreement. Provided that in the event of a delay by the Operator in procuring fulfilment of any of its Conditions Precedent specified in Clause 4.1.3 and where such delay impacts the Authority's ability to fulfil any of its Conditions Precedents, no Damages shall be due or payable by the Authority under this Clause 4.3 until the date on which the Operator shall have procured fulfilment of the relevant Conditions Precedent specified in Clause 4.1.3.
(b) Upon termination of this Agreement pursuant to Clause 4.3 (a), the Authority shall return the Performance Security submitted by the Operator subject to the Operator having paid in full any amounts due and payable by it to the Authority as on the date of termination.
