Damages for delay. Subject to the provisions of Clause 12.4, if COD does not occur prior to the 91st day after the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until COD is achieved.
Damages for delay. Subject to the provisions of Clause 12.4, if COD of Bus Terminal or COD of Commercial Complex does not occur prior to the 91st day after the Scheduled Completion Date or Scheduled Completion Date of Commercial Complex, as the case may be, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security or Performance Guarantee, as the case may be, for delay of each day until COD of Bus Terminal or COD of Commercial Complex is achieved.
Damages for delay. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as shall ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete said work within such time, County will be entitled to the resulting damages caused by the delay. Damages will be the cost to County incurred as a result of continuing the current level and type of service over that cost that would be incurred had the Agreement segments been completed by the time frame stipulated and any other damages suffered by County.
Damages for delay. Subject to the provisions of Clause 12.3, if COD does not occur prior to the 91st (ninety first) day after the Scheduled Completion Date, unless the delay is on account of reasons attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.2% (zero point two per cent) of the amount of Performance Security for delay of each day until COD is achieved. Upon failure of the Concessionaire to pay the said Damages, the same shall be paid along with interest of Bank Rate plus 3% and shall be deducted from the 1st (first) Annuity Payment. In case the Damages and the interest thereof are more than the 1st Annuity payment then the balance Damages along with interest thereof shall be recovered from any further amount due and payable to the Concessionaire excluding O&M Payments but including interest to be paid on reducing balance of the Completion Cost remaining to be paid along with the 1st Annuity or from further Annuity payments.
Damages for delay. In case of any delay in completion of the project for reasons attributable to the Agency, the Company shall recover damages from the Agency of a sum equal to the amount levied, imposed, or recovered from the Company by its Employer under the Main Contract.
Damages for delay. 12.2.1 If either Party is not able to achieve COD for respective Lot of Buses within 45 (forty five) days from the date of procurement or handover, as the case may be, of such Lot of Buses, such Party shall be entitled to a further period not exceeding [45 (forty five)] days, or any such period as may be mutually decided, subject to payment of Damages to the other non-defaulting Party as liquidated damages at the rate of 0.5% of Estimated Project Cost for each week of delay; provided further that no Damages shall be payable if such delay in achieving COD for respective Lot of Buses, has occurred solely as a result of delay in achieving Readiness for Commencement of Bus Service due to Force Majeure or due to any act of the non-defaulting Party;
Damages for delay. If COD for the Project does not occur on the Scheduled Completion Date unless the delay is due to Force Majeure, the Concessionaire shall pay additional fees to Maha-Metro amounting to Rs. 2.00
Damages for delay. Contractor shall complete the services within the time prescribed in Article V hereof. Should CONTRACTOR incur delay in its performance, Contractor shall pay a penalty of one-tenth of one percent (1/10 of 1%) of the total cost for each day of delay, including Sundays and Holidays, beyond the specific period. The maximum deduction shall be ten percent (10%) of the amount of the contract. Once the cumulative amount of liquidated damages reaches ten percent (10%) of the amount of the contract, PAGCOR shall have the option to rescind the contract, without prejudice to other courses of action and remedies open to it. In case Contractor still fails to deliver the services after the lapse of 30 days from the supposed date of delivery as provided for in Article V, in addition to the forfeiture of the bond and the penalties agreed upon, PAGCOR shall have the option to terminate the agreement.
Damages for delay. Subject to the provisions of Clause 11.4, if COD does not occur prior to the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Construction Performance Security for delay of each day until COD is achieved. In the event that Construction Works is not completed within [270 (two hundred and seventy)] days from the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement.
Damages for delay. 15.2.1 The Concessionaire hereby agrees and undertakes that itself shall achieve COD within 180 (One Hundred Eighty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period not exceeding 120 (One Twenty) days , subject to payment of Damages to the Authority in a sum calculated at the rate of 0.1% (Zero point one per cent) of the Performance Security for each day of delay; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 (One Hundred Eighty ) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in COD has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 of due to Force Majeure.
