Common use of Damages for delay by the Concessionaire Clause in Contracts

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority 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 fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 16 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's day‟s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 15 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. from xxx.xxxxxx.xxx Downloaded In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 7 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from of the date of execution of this Agreement, and (ii) the delay has not occurred as a result of failure of Authority to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, then in such event, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of [0.2% (zero point two per cent) )] of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of [20% (twenty percent) per cent)] of the Performance Security.

Appears in 5 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. from xxx.xxxxxx.xxx Downloaded In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's day‟s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 5 contracts

Samples: Draft Concession Agreement, Draft Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Concessioning Authority, or due to Force Majeure, the Concessionaire shall pay to the Concessioning Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 4 contracts

Samples: Draft Concession Agreement, Draft Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 4 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the AuthorityMPRDC, or due to Force Majeure, the Concessionaire shall pay to the Authority MPRDC Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Authority, Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20100% (twenty hundred percent) of the Performance Security.

Appears in 3 contracts

Samples: Model Concession Agreement, Model Concession Agreement, Model Concession Agreement

Damages for delay by the Concessionaire. Downloaded from xxx.xxxxxx.xxx In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's day‟s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Draft Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.20.2 % (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 3 contracts

Samples: Draft Concession Agreement, Draft Concession Agreement, Draft Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, MOR or due to Force Majeure, the Concessionaire shall pay to the Authority MOR, Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's day‟s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 2 contracts

Samples: Model Agreement, Model Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one One hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 41.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.20.1% (zero point two one per centcent ) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (( twenty percentper cent) of the Performance Security.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. Downloaded from xxx.xxxxxx.xxx In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 4.1.2 within a period of 180 90 (one hundred and eightyninety) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 4.1.1 or other breach of this Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from of the date of this AgreementExecution Date, and (ii) the delay has not occurred as a result of failure of the Authority to fulfil the obligations its Conditions Precedent under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2[0.1% (zero point two one per cent) )] of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject provided however that the Damages shall be limited to a maximum of an amount equivalent to [20% (twenty percent) per cent)] of the Performance Security.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.20.1% (zero point two one per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 1 contract

Samples: Stamp Paper

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 1 contract

Samples: www.fdcm.nic.in

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 Article 4.2 within a period of 180 (one hundred and eighty) 365 days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause Article 4.1.2 or (ii) other breach of this Agreement by the Concessioning Authority, or due to Force Majeure, the Concessionaire shall pay to the Concessioning Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 1 contract

Samples: Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.20.5% (zero point two five per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of an amount equal to the Performance Bid Security.

Appears in 1 contract

Samples: Transmission Agreement

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Damages for delay by the Concessionaire. In the event that the Authority has fulfilled its Conditions Precedent and (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 4.1.2 within a period of 180 60 (one hundred and eightysixty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Government or due to Force Majeure, the Concessionaire shall pay to the Authority Government Damages in an amount calculated at the rate of 0.21% (zero point two 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 percentper cent) of the Performance Security.

Appears in 1 contract

Samples: Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.20.1% (zero point two per oneper cent) of the Performance Security for Securityfor each day's day‟s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 1 contract

Samples: Substitution Agreement

Damages for delay by the Concessionaire. a. In the event that (i) the Concessionaire does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 Article 2.8.1 within a period of 180 (one hundred and eighty90 ( Ninety) days from the date of this AgreementAppointed Date, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 Article 2.7.1 or other breach of this Agreement by the Authority, Authority or due to Force MajeureMajeure or any extension of time granted by the Authority at its sole discretion, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of [0.2% (zero point two per cent) )] of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of [20% (twenty percent) per cent)] of the Performance SecuritySecurity (“Long Stop Date for Concessionaire”).

Appears in 1 contract

Samples: Concession Agreement

Damages for delay by the Concessionaire. a) In the event that (i) the Concessionaire does not procure fulfilment fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.3 4.2.1 within a period of 180 (one hundred and eighty) days from the date of this Agreementspecified in respect thereof, and (ii) the delay has not occurred as a result of failure to fulfil fulfill the obligations under Clause 4.1.2 4.2.1 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment fulfillment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 1 contract

Samples: Draft Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, MOR or due to Force Majeure, the Concessionaire shall pay to the Authority MOR, Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 1 contract

Samples: Model Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Government or due to Force Majeure, the Concessionaire shall pay to the Authority Government Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 1 contract

Samples: Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the AuthorityGovernment, or due to Force Majeure, the Concessionaire shall pay to the Authority Government Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 1 contract

Samples: Concession Agreement

Damages for delay by the Concessionaire. 4.4.1 In the event that (i) the Concessionaire does not procure fulfilment fulfillment of any or all of the Conditions Precedent set forth in Clause Article 4.1.3 within a period of 180 150 (one hundred and eightyfifty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil fulfill the obligations under Clause Article 4.1.2 or other breach of this Agreement by the AuthorityTNRDC, or due to Force Majeure, the Concessionaire shall pay to the Authority TNRDC Damages in an amount calculated at the rate of 0.21% (zero point two one per cent) of the Performance Security for each day's ’s delay until the fulfilment fulfillment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 1 contract

Samples: Escrow Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause Article 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause Article 4.1.2 or other breach of this Agreement by the Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of 0.20.1% (zero point two one per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 1 contract

Samples: Draft Concession Agreement

Damages for delay by the Concessionaire. 4.3.1 In the event that (i) the Concessionaire does not procure fulfilment fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from by the date of this AgreementAppointed Date, and (ii) the delay has not occurred as a result of failure to fulfil fulfill the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force MajeureMajeure or fulfillment of such Conditions Precedent has not been waived off by mutual agreement of the Parties hereto, the Concessionaire shall pay to the Authority Authority, Damages in an amount calculated at the rate of 0.20.1% (zero point two per centone percent) of the Performance Security for each day's delay until the fulfilment fulfillment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 1 contract

Samples: Iii Concession Agreement

Damages for delay by the Concessionaire. 4.3.1 In the event that (i) the Concessionaire does not procure fulfilment fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure of the Concessioning Authority to fulfil fulfill the obligations under Clause 4.1.2 or other breach of this Agreement by the Concessioning Authority, or due to Force Majeure, the Concessionaire shall pay to the Authority Concessioning Authority, Damages in an amount calculated at the rate of 0.20.1% (zero point two per centone percent) of the Performance Security for each day's ’s delay until the fulfilment fulfillment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.

Appears in 1 contract

Samples: Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from of the date of this Agreementhereof, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the Authority, Authority or due to Force Majeure, the Concessionaire shall pay to the Authority Damages in an amount calculated at the rate of [0.2% (zero point two per cent) )] of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of [20% (twenty percent) per cent)] of the Performance Security.

Appears in 1 contract

Samples: Concession Agreement

Damages for delay by the Concessionaire. In the event that (i) the Concessionaire does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.3 within a period of 180 (one hundred and eighty) days from the date of this Agreement, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Clause 4.1.2 or other breach of this Agreement by the AuthorityMPRDC, or due to Force Majeure, the Concessionaire shall pay to the Authority MPRDC Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day's ’s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percentper cent) of the Performance Security.

Appears in 1 contract

Samples: Concession Agreement

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