Compensation for Competing Roads Sample Clauses

Compensation for Competing Roads. 35.4.1 Deleted 35.4.2 Deleted
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Compensation for Competing Roads. 35.4.1 In the event that an Additional Tollway or a Competing Road, as the case may be is opened to traffic or operated in breach of this Agreement , the MPRDC shall pay to the Concessionaire compensation in a sum equal to the difference between the Realisable Fee and the projected daily (the” Projected Fee”) until the breach is cured. The Projected Fee hereunder shall be an amount equal to the Average Daily Fee, increased at the close of every month by 0.5% (zero point five percent) thereof and revised in accordance with Clause 27.2. For the avoidance of doubt, the Average Daily Fee for the purpose of this Clause shall be the amount so determined in respect of the Accounting Year or period, as the case may be occurring prior to such opening or operation of an Additional Tollway or a Competing Road as the case may be.
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Compensation for Competing Roads. Subject to the provisions of Clause 35.6, in the event that an Additional Tollway or a Competing Road, as the case may be, is opened to traffic in breach of this Agreement, the Authority shall pay to the Concessionaire, for each day of breach, compensation in a sum equal to the difference between the average daily Realisable Fee and the projected daily Fee (the “Projected Fee”) until the breach is cured. The Projected Fee hereunder shall be an amount equal to the Average Daily Fee, increased at the close of every month by 0.5% (zero point five per cent) thereof and revised in accordance with Clause 27.2. For the avoidance of doubt, the Average Daily Fee for the purposes of this Clause shall be the amount so determined in respect of the Accounting Year or period, as the case may be, occurring prior to such opening or operation of an Additional Tollway or a Competing Road, as the case may be. Payment of compensation under this Clause 35.4 shall be deemed to cure the breach of this Agreement so long as the Authority continues to pay compensation hereunder. Compensation to be in addition Compensation payable under this Article 35 shall be in addition to, and not in substitution for, or derogation of, Termination Payment, if any. Mitigation of costs and damages The Party not in breach shall make all reasonable effort to mitigate or limit the costs and damage arising out of or as a result of breach of Agreement by the other Party.
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Compensation for Competing Roads. 35.5 Compensation to be in addition 35.6 Mitigation of costs and damage
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Compensation for Competing Roads. 35.4.1 Subject to the provisions of Clause 35.6, in the event that an Additional Tollway or a Competing Road, as the case may be, is opened to traffic in breach of this Agreement, MPRDC shall pay to the Concessionaire, for each day of breach, compensation in a sum equal to the difference between the average daily Realisable Fee and the projected daily Fee (the “Projected Fee”) until the breach is cured. The Projected Fee hereunder shall be an amount equal to the Average Daily Fee, increased at the close of every month by 0.5% (zero point five per cent) thereof and revised in accordance with Clause 27.2. For the avoidance of doubt, the Average Daily Fee for the purposes of this Clause shall be the amount so determined in respect of the Accounting Year or period, as the case may be, occurring prior to such opening or operation of an Additional Tollway or a Competing Road, as the case may be.
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