Common use of Deemed Termination upon delay Clause in Contracts

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 6 (Six) months of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Operator, and the Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Operator, the Performance Security of the Operator shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 6 within a period of 180 (Sixone hundred eighty ) months of days from the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Operator Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the OperatorConcessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the OperatorConcessionaire, the Performance Security of the Operator Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 6 000 (Sixxxxx xxxxxxx) months days of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Operator, and the Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Operator, the Performance Security of the Operator shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9 of this Agreement, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 6 the 2nd (Sixsecond) months anniversary of the date of this Agreement Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Operator, and the this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the initial Performance Security of the Operator shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9 of this Agreement, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 6 the 2nd (Sixsecond) months of anniversaryof the date of this Agreement Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Operator, and the this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security of the Operator shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 6 the 2nd (Sixsecond) months anniversary of the date of this Agreement or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Operator, and the this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security of the Operator shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 6 the 2nd (Sixsecond) months anniversary of the date of this Agreement or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Operator, and the this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the such delay in occurrence of the Appointed Date is for reasons attributable to the Mine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security of the Operator shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before 6 400 (Sixfour hundred) months days of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Operator, and the Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the delay in occurrence of the Appointed Date is for reasons attributable to the Operator, the Performance Security of the Operator shall be encashed and appropriated by the Authority as Damages thereof.