Common use of Capacity Augmentation Clause in Contracts

Capacity Augmentation. 12.8.1 The Concessionaire shall undertake Capacity Augmentation as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D, so that the Project shall have Capacity Augmentation on or before the earlier of (a) the 30th (thirtieth) anniversary of the Appointed Date and (b) the 5th (fifth) anniversary of the close of the Accounting Year in which the throughput has, for a continuous period of 3 (three) Accounting Years, exceeded 75% (seventy five per cent) of the existing Capacity of the Port (the “Scheduled Capacity Augmentation Date”). For the avoidance of doubt, the Parties agree that the Concessionaire may, in its discretion, undertake Capacity Augmentation in phases, as specified in Schedule-B and Schedule-C. 12.8.2 The provisions of this Agreement shall apply, mutatis mutandis, to Capacity Augmentation, save and except where express provisions to the contrary have been made for Capacity Augmentation. 12.8.3 Notwithstanding anything to the contrary contained in this Agreement, in the event of a Competing Port being commissioned or operated prior to the Scheduled Capacity Augmentation Date, the Concessionaire shall be deemed to be relieved of its obligation to undertake Capacity Augmentation under this Agreement.