Common use of Commercial Operation Date (COD Clause in Contracts

Commercial Operation Date (COD. 15.1.1 The Project, shall be deemed to be complete when the Completion Certificate or the Provisional Certificate, as the case may be, is issued for the respective phase under the provisions of Article 14, and accordingly the commercial operation date of the Project shall be the date on which such Completion Certificate or the Provisional Certificate for phase-1 is issued (the “COD”). The Project shall enter into commercial service on COD whereupon the Concessionaire, its authorised representatives or the sub-licensees/lessee, under valid and subsisting sub-licensing agreements, shall be entitled to demand and collect Fee, provided however, that the entry of Project into commercial service shall always be subject to compliance with the provisions of Clause 14.8. 15.1.2 In the event that the Authority prevents, or causes to be prevented, or in any manner delays the entry of the Project into commercial service after issuance of Completion Certificate or the Provisional Certificate, or where such delay occurs in the issuance of the Completion Certificate or the Provisional Certificate by the Independent Expert for any reason attributable to the Independent Expert or the Authority, as the case may be, the Concessionaire may declare COD and notify the Authority forthwith. In the event of any Dispute relating to the declaration of COD hereunder, the Dispute Resolution Procedure shall apply. For subsequent phases of development after COD, if there is a delay in issuance of Completion Certificate or the Provisional Certificate for reasons specified above, the Concessionaire may commence the commercial operations.

Commercial Operation Date (COD. 15.1.1 The Project, shall be deemed to be complete when the Completion Certificate or the Provisional Certificate, as the case may be, is issued for the respective phase New Facilities under the provisions of Article 14. The initial commercial operation date of the Project shall be the Appointed Date (the “Provisional COD”), whereupon the Concessionaire, its authorised representatives or the sub-licensees/lessee, under valid and accordingly the subsisting sub-licensing agreements, shall be entitled to demand and collect Fee. The final commercial operation date of the Project shall be the date on which such Completion Certificate or for the Provisional Certificate for phase-1 New Facilities is issued (the “Final COD”). The Project New Facilities shall enter into commercial service on Final COD whereupon the Concessionaire, its authorised authorized representatives or the sub-licensees/lessee, under valid and subsisting sub-licensing agreements, shall be entitled to demand and collect Fee, provided however, that the entry of Project into commercial service shall always be subject to compliance with the provisions of Clause 14.814.3. 15.1.2 In the event that the Authority prevents, or causes to be prevented, or in any manner delays the entry of the Project into commercial service after the hand over of Existing Facilities and/or after issuance of Completion Certificate or the Provisional Certificate, or where such delay occurs in the issuance of the Completion Certificate or the Provisional Certificate by the Independent Expert for any reason attributable to the Independent Expert or the Authority, as the case may be, the Concessionaire may declare Provisional COD/ Final COD (as the case may be) and notify the Authority forthwith. In ▇▇▇▇▇▇▇▇▇.▇▇ the event of any Dispute relating to the declaration of Provisional COD or Final COD hereunder, the Dispute Resolution Procedure shall apply. For subsequent phases of development after COD, if there is a delay in issuance of Completion Certificate or the Provisional Certificate for reasons specified above, the Concessionaire may commence the commercial operations.

Commercial Operation Date (COD. 15.1.1 The Project, shall be deemed to be complete when the Completion Certificate or the Provisional Certificate, as the case may be, is issued for the respective phase New Facilities under the provisions of Article 14. The initial commercial operation date of the Project shall be the Appointed Date (the “Provisional COD”), whereupon the Concessionaire, its authorised representatives or the sub-licensees/lessee, under valid and accordingly the subsisting sub-licensing agreements, shall be entitled to demand and collect Fee. The final commercial operation date of the Project shall be the date on which such Completion Certificate or for the Provisional Certificate for phase-1 New Facilities is issued (the “Final COD”). The Project New Facilities shall enter into commercial service on Final COD whereupon the Concessionaire, its authorised authorized representatives or the sub-licensees/lessee, under valid and subsisting sub-licensing agreements, shall be entitled to demand and collect Fee, provided however, that the entry of Project into commercial service shall always be subject to compliance with the provisions of Clause 14.814.3. 15.1.2 In the event that the Authority prevents, or causes to be prevented, or in any manner delays the entry of the Project into commercial service after he hand over of Existing Facilities and/or after issuance of Completion Certificate or the Provisional Certificate, or where such delay occurs in the issuance of the Completion Certificate or the Provisional Certificate by the Independent Expert for any reason attributable to the Independent Expert or the Authority, as the case may be, the Concessionaire may declare Provisional COD/ Final COD (as the case may be) and notify the Authority forthwith. In ▇▇▇▇▇▇▇▇▇.▇▇ the event of any Dispute relating to the declaration of Provisional COD or Final COD hereunder, the Dispute Resolution Procedure shall apply. For subsequent phases of development after COD, if there is a delay in issuance of Completion Certificate or the Provisional Certificate for reasons specified above, the Concessionaire may commence the commercial operations.