Common use of Performance Security Clause in Contracts

Performance Security. 9.1.1 The Supplier shall, for the performance of its obligations hereunder, provide to the Aggregator no later than 30 (thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)2 in the form set forth in Schedule-B (the “Performance Security”) for a period of 6 (six) months. 9.1.2 Until such time the Performance Security is provided by the Supplier pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator shall release the Bid Security to the Supplier. 9.1.3 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier within a period of 30 (thirty) days from the date of this Agreement, the Aggregator may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Supplier, and this Agreement, shall be deemed to have been terminated with the consent of the Supplier.

Performance Security. 9.1.1 9.1.1. The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Concession Period, provide to the Aggregator Authority no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** Rs.3.26 crore (Rupees ***** crore)2 Three crore Twenty Six Lakhs only) in the form set forth in Schedule-B Schedule M (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2. Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier shall, for the performance of its obligations hereunder, provide to the Aggregator Utility no later than 30 (thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 10.0 crore (Rupees ***** crore)2 Ten crore only) in the form set forth in Schedule-B (the “Performance Security”) for a period of 6 (six) months. 9.1.2 Until such time the Performance Security is provided by the Supplier pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Utility shall release the Bid Security to the Supplier. 9.1.3 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier within a period of 30 (thirty) days from the date of this Agreement, the Aggregator Utility may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Supplier, and this Agreement, shall be deemed to have been terminated with the consent of the Supplier.

Performance Security. 9.1.1 7.1.1 The Supplier shallContractor, for the performance of its obligations hereunder, provide has provided to the Aggregator no later than 30 Authority, within 21 days of issue of Letter of Award (thirtyLoA) days from by the date of this AgreementAuthority to the Contractor, an irrevocable and unconditional guarantee for an amount equal to 10% of the approved contract price issued from a Schedule Scheduled Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)2 in favour of the Authority as per the form set forth in Schedule-B of this Contract Agreement (the “Performance Security”) for a period of 6 (six) months. 9.1.2 Security”).The Performance Security shall be valid until 60 days after the Defects Liability Period. Until such time the Performance Security is provided by the Supplier Contractor pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision furnishing of the Performance Security pursuant heretoby the Contractor, the Aggregator Authority shall release the Bid Security to the SupplierContractor. 9.1.3 7.1.2 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that in the event of failure of the Contractor to provide the Performance Security is not provided in accordance with the provisions of Clause 7.1.1 and within the time specified therein or such extended period as may be agreed by the Supplier within a period of 30 (thirty) days from the date of this AgreementAuthority, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, penalties, and thereupon all rights, privileges, claims and entitlements of the Supplier Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the SupplierContractor, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Operator shall, for the performance of its obligations hereunderhereunder till the expiry of the Contract Period, provide to the Aggregator Authority no later than 30 (thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. *[**** crore (Rupees ***** crore)2 ***)]2 in the form set forth in Schedule-B D (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Operator pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierOperator. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Operator within a period of 30 [180 (thirty) one hundred and eighty)] days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierOperator, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 (thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore Rs.<Insert Amount – 5% of Estimated Project Cost> crores (Rupees ***** crore)2 .<Insert Amount in words> only) in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 (thirty30(thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)2 crore)5 in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty30(thirty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator no later than Authority within 30 (thirty) days from the date of this AgreementExecution Date, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore 133,00,00,000 (Rupees ***** crore)2 One Hundred and thirty three crores) substantially in the form format set forth in Schedule-B Schedule F (the “Performance Security”) ). The Concessionaire shall maintain and keep in force the Performance Security for a period the entire duration of 6 (six) months. 9.1.2 the Performance Security Period in accordance with this Article 9. Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event that the Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this Agreementabove specified period, the Aggregator may Authority shall have the right to encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier shall, for the performance of its obligations hereunder, provide to the Aggregator Utility no later than 30 (thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)2 crore)15 in the form set forth in Schedule-B (the “Performance Security”) for a period of 6 (six) months. 9.1.2 Until such time the Performance Security is provided by the Supplier pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Utility shall release the Bid Security to the Supplier. 9.1.3 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier within a period of 30 (thirty) days from the date of this Agreement, the Aggregator Utility may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Supplier, and this Agreement, shall be deemed to have been terminated with the consent of the Supplier.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator Authority no later than 30 90 (thirtyninety) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)2 only)2 in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 90 (thirtyninety) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Concession Period, provide to the Aggregator Government no later than 30 15 (thirtyfifteen) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 20 crore (Rupees ***** crore)2 twenty crore) in the form set forth in Schedule-B E (the “"Performance Security”) for a period of 6 (six) months. 9.1.2 "). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Government shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 60 (thirtysixty) days from the date of this Agreement, the Aggregator Government may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator MPRDC t no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore ` 4.73 crores (Rupees ***** crore)2 four crores seventy three lacs only) in the form set forth in Schedule-B Schedule- F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator MPRDC shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator MPRDC may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 120 (thirtyone hundred and twenty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 19.7 crore (Rupees ***** crore)2 nineteen crore and seventy lakh ) in the form set forth in Schedule-B F (the ““ Performance Security”) for a period of 6 (six) months. 9.1.2 Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 120 (thirtyone hundred and twenty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier shall, for the performance of its obligations hereunder, provide to the Aggregator no later than 30 (thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)2 crore)3 in the form set forth in Schedule-B (the “Performance Security”) for a period of 6 (six) months. 9.1.2 Until such time the Performance Security is provided by the Supplier pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator shall release the Bid Security to the Supplier. 9.1.3 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier within a period of 30 (thirty) days from the date of this Agreement, the Aggregator may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Supplier, and this Agreement, shall be deemed to have been terminated with the consent of the Supplier.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator Authority no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore [INR 45 Crores (Rupees ***** crore)2 Forty Five Crores)] in the form set forth in Schedule-B E (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this AgreementAgreement or any extended time as provided hereunder, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 90 (thirtyninety) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to [Rs. ***** crore [•] (Rupees ***** crore)2 [•])]15 in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 90 (thirtyninety) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 9.1.1. The Supplier shall, Concessionaire shall for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 (thirty) days from the date of this signing of the Agreement, an irrevocable and unconditional guarantee from a Schedule Bank acceptable to the Authority for a sum equivalent to Rs. ***** crore ---- (Rupees ***** crore)2 ------- only) {5% of the Bid Project Cost} and in the form set forth in Schedule-B Schedule D (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2. Notwithstanding anything to the contrary contained in this the Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this signing of the Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon there upon all rights, privileges, claims and entitlements of the Supplier Concessionaire under or arising out of this the Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the SupplierConcessionaire, and this Agreement, the Agreement shall be deemed to have been terminated with the consent by mutual agreement of the Supplierparties.

Performance Security. 9.1.1 9.1.1. The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator MCGM no later than 30 (thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 23.58 crore (Rupees ***** crore)2 Twenty Three Crores and Fifty Eight Lakhs) in the form set forth in Schedule-B (the “Performance Security”) RFP for a period of 6 37 (sixThirty Seven) months. 9.1.2 9.1.2. Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator MCGM shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.3. Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this Agreement, the Aggregator MCGM may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, shall be deemed to have been terminated with the consent of the SupplierConcessionaire.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator MOPIT no later than 30 120 (thirtyone hundred and twenty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a minimum sum equivalent to Rs. ***** crore of NRs 1500 (Rupees ***** crore)2 fifteen hundred) million in the form set forth in Schedule-B F (the “Performance Security”) for counter guaranteed by a period reputed Commercial Bank of 6 (six) months. 9.1.2 Nepal. Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator MOPIT shall release the Bid Security to the Supplier. 9.1.3 Concessionaire. Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 120 (thirty) one hundred and twenty days from the date of this Agreement, the Aggregator MOPIT may encash the Bid Security and appropriate the proceeds thereof therof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 9.1.1. The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 180 (thirtyone hundred and eighty days) days from the date of this Agreementissue of the LOA, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 100 crore (Rupees ***** crore)2 one-hundred crore) in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2. Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty ) days from the date of this Agreementthe LOA, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 (thirty30(thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** Rs.6.15 crore (Rupees ***** crore)2 Six Crore Fifteen Lakh Only)5 in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty30(thirty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator Authority no later than 30 180 (thirtyone hundred and eighty) days or any extension provided under clause 28.1.1, from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore 5% (Rupees ***** crore)2 five percent) of the total capital cost of the Project as set forth in the Financial Package in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from or any extension provided under clause 28.1.1,from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 120 (thirtyone hundred and twenty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 38.1 crore (Rupees ***** crore)2 thirty eight crore and ten lakh ) in the form set forth in Schedule-B F (the ““ Performance Security”) for a period of 6 (six) months. 9.1.2 Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 120 (thirtyone hundred and twenty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator Government no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 64.63 crore (Rupees ***** crore)2 Sixty four crore and Sixty three lakh) in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Government shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator Government may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 120 (thirtyone hundred and twenty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 15.3 crore (Rupees ***** crore)2 fifteen crore and thirty lakh ) in the form set forth in Schedule-B (the “F(the “ Performance Security”) for a period of 6 (six) months. 9.1.2 Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 120 (thirtyone hundred and twenty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 9.1.1. The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator no later than Authority within [30 (thirty) )] days from the date of this AgreementExecution Date, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to [Rs. ***** crore […….] (Rupees ***** crore)2 [ ])]18 substantially in the form format set forth in Schedule-B Schedule F (the “Performance Security”) ). The Concessionaire shall maintain and keep in force the Performance Security for a period the entire duration of 6 (six) months. 9.1.2 the Performance Security Period in accordance with this Article 9. Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2. Notwithstanding anything to the contrary contained in this Agreement, in the event that the Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this Agreementabove specified period, the Aggregator may Authority shall have the right to encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Contractor shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 (thirty30(thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)2 5% of the Project Cost) in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Contractor pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierContractor. 50% (Fifty Percent) of the Performance Security will be released 180 days after the COD (Commercial Operation Date) the remaining shall be released after the end of the O&M Period. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Contractor within a period of 30 (thirty30(thirty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the SupplierContractor, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator Authority no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 300 crore (Rupees ***** crore)2 Three Hundred Crore Only)9 in the form set forth in Schedule-B F (the “"Performance Security”) for a period of 6 (six) months. 9.1.2 "). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the due and punctual performance of its obligations hereunder, provide hereunder relating to the Aggregator no later than 30 (thirty) days from Project, deliver to the date Authority, simultaneously with the execution of this Concession Agreement, an irrevocable and unconditional bank guarantee in favour of the Directorate of Health Services, Government of Maharashtra, payable at Mumbai from a Schedule Bank any Nationalized or Scheduled bank, for a sum equivalent to Rs. ***** crore 5,20,00,000 (Rupees ***** crore)2 Five Crore Twenty Lac) in the form set forth in Schedule-B (the “Schedule 7 – Performance Security”) for a period of 6 (six) months. 9.1.2 Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator Authority no later than 30 180 (thirtyone hundred and eighty) days or any extension provided under clause 28.1.1, from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore 5% (Rupees ***** crore)2 five percent) of the total capital cost of the Project as set forth in the Financial Package in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days or any extension provided under clause 28.1.1, from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator MPRDC no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore ` 7.95 crores (Rupees ***** crore)2 seven crores ninety five lacs only) in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator MPRDC shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator MPRDC may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 (thirty30(thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** *crore (Rupees ***** crore)2 crore)5 in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty30(thirty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator MOR no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)2 crore)** in the form set forth in Schedule-B (the “Performance Security”) for a period of 6 (six) months. 9.1.2 Until such time the Performance Security is F PeWrformKancHe Securit‡y · 8 Q W L O V X F K provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator MOR shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator MOR may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator Authority no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore 10 .00 Crore (Rupees ***** crore)2 Ten Crore only) in the form set forth in Schedule-B D (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 90 (thirtyninety) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** Rs.4.53 90 crore (Rupees ***** crore)2 four crore and fifty threeninety lakh) in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 90 (thirtyninety) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period of Bus Terminal, provide to the Aggregator Concessioning Authority, no later than 30 90 (thirtyninety) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore 25 Lakh (Rupees ***** crore)2 Twenty Five Lakh) in the form set forth in Schedule-B F (the “"Performance Security”) for a period of 6 (six) months. 9.1.2 "). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Concessioning Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this Agreementstipulated time period, the Aggregator Concessioning Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 5.3.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, hereunder provide to the Aggregator Authority, no later than 30 90 (thirtyninety) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore 1,50,00,000 (Rupees ***** crore)2 One Crore Fifty Lakhs only) in the form set forth in Schedule-B IV (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 5.3.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this Agreementstipulated time period, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 7.1.1 The Supplier Contractor shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator no later than 30 Authority, within 10 (thirtyten) days from of the date of this the Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)2 in the form set forth in Schedule-B G (the “Performance Security”) for a period an amount equal to 10% (ten percent) of 6 the Contract Price. The Performance Security shall be valid up to 60 (sixsixty) months. 9.1.2 days after the Defects Liability Period. Until such time the Performance Security is provided by the Supplier Contractor pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant heretoSecurity, the Aggregator Authority shall release the Bid Security to the SupplierContractor. 9.1.3 7.1.2 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that in the event of failure of the Contractor to provide the Performance Security is not in accordance with the provisions of Clause 7.1.1 and within the time specified therein or such extended period as may be provided by the Supplier within a period Authority, in accordance with the provisions of 30 (thirty) days from the date of this AgreementClause 7.1.3, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon there upon all rights, privileges, claims and entitlements of the Supplier Contractor under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the SupplierContractor, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties. 7.1.3 In the event the Contractor fails to provide the Performance Security within 10 (ten) days of this Agreement, it may seek extension of time for a period not exceeding 20 (twenty) days on payment of Damages for such extended period in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Contract Price for each day until the Performance Security is provided.

Performance Security. 9.1.1 9.1.1. The Supplier shall, Concessionaire shall for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 (thirty) days from the date of this signing of the Agreement, an irrevocable and unconditional guarantee from a Schedule Bank acceptable to the Authority for a sum equivalent to Rs. ***** crore ---- (Rupees ***** crore)2 ------- only) {10% of the Bid Project Cost} and in the form set forth in Schedule-B Schedule D (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2. Notwithstanding anything to the contrary contained in this the Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this signing of the Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon there upon all rights, privileges, claims and entitlements of the Supplier Concessionaire under or arising out of this the Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the SupplierConcessionaire, and this Agreement, the Agreement shall be deemed to have been terminated with the consent by mutual agreement of the Supplierparties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator Government no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** Rs.360 crore (Rupees ***** crore)2 three hundred and sixty crore) in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 Until Security”).Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Government shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator Government may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator Authority no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore 1,29,00,000 (Rupees ***** crore)2 one crore twenty nine-lakhs only crore)1 in the form set forth in Schedule-B F (the “"Performance Security”) for a period of 6 (six) months. 9.1.2 "). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 9.1.1. The Supplier shall, Concessionaire shall for the performance of its obligations hereunderduring the Project Execution Period and also during the O & M period, provide to the Aggregator Authority no later than 30 (thirty) 21 days from the date of this signing of Agreement, an irrevocable and unconditional guarantee from a Schedule Bank acceptable to the Authority for a sum equivalent to Rs. ***** crore Rs.25,000 (Rupees ***** crore)2 Twenty thousand only) [if more than one package is awarded to a Selected Bidder, the Performance Security shall go up proportionately] and in the form set forth in Schedule-B (the “Performance Security”) for a period of 6 (six) months. 9.1.2 Schedule IV. Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2. Notwithstanding anything to the contrary contained in this the Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) 21 days from the date of this signing of the Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon there upon all rights, privileges, claims and entitlements of the Supplier Concessionaire under or arising out of this the Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Supplier, and this Agreement, the Agreement shall be deemed to have been terminated with the consent by mutual agreement of the Supplierparties.

Performance Security. 9.1.1 5.3.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, hereunder provide to the Aggregator no later than 30 (thirty) days from the date Authority, before signing of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum of Rs. 1,50,00,000/‐ (Rupees One Crore Fifty Lakhs Only) or equivalent to Rs. ***** crore (Rupees ***** crore)2 two years of ACF as quoted by the bidder, whichever is higher, in the form set forth in Schedule-B IV (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 5.3.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this Agreementstipulated time period, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 11.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Concession Period, provide furnish to the Aggregator no later than 30 Authority within 20 (thirtyTwenty) working days from the date of signing of this Concession Agreement, as a pre-condition, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore ……………….. (Rupees ***** crore)2 in the form set forth in Schedule-B words)4 (Amount equivalent to 5% of total annual Operational Payment) for each Project Facility (the “Performance Security”) substantially in the format provided under Schedule 6 of this Agreement. In case of failure to furnish the Performance Security, the Authority shall be entitled to forfeit the Bid Security. 11.1.2 The Performance Security should remain valid for a period of 6 90 (sixNinety) monthsdays beyond Concession Period. 9.1.2 Until such time the Performance Security is provided by the Supplier pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator shall release the Bid Security to the Supplier. 9.1.3 11.1.3 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 20 (thirtyTwenty) working days from the date of this signing of the Agreement, the Aggregator Authority may encash forfeit the Bid Security and appropriate the proceeds thereof as Damagesdamages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 5.3.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, hereunder provide to the Aggregator Authority, no later than 30 90 (thirtyninety) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore 50,00,000 (Rupees ***** crore)2 Fifty Lakhs only) in the form set forth in Schedule-B IV (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 5.3.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this Agreementstipulated time period, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Concession Period, provide to the Aggregator no later than 30 (thirty) days from the date of this AgreementConcessioning Authority, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 1 crore (Rupees ***** crore)2 one crore only) in the form set forth in Schedule-B F (the “"Performance Security”") for a period within 45 days from receipt of 6 (six) months. 9.1.2 LOA. Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Concessioning Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 (thirty) days from the date of this Agreementstipulated time period, the Aggregator Concessioning Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator MPRDC no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** ` 8.80 crore (Rupees ***** crore)2 eight crores eighty lacs) in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator MPRDC shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator MPRDC may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 90 (thirtyninety) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore (2.09crore ( Indian Rupees ***** crore)2 Two Crore Nine croreLakh only )2 in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 90 (thirtyninety) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier shall, for the performance of its obligations hereunder, provide to the Aggregator Utility no later than 30 (thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore 9,00,00,000/- (Rupees ***** crore)2 Nine Crore only) in the form set forth in Schedule-B (the “Performance Security”) for a period of 6 (six) months. 9.1.2 Until such time the Performance Security is provided by the Supplier pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Utility shall release the Bid Security to the Supplier. 9.1.3 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier within a period of 30 (thirty) days from the date of this Agreement, the Aggregator Utility may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Supplier, and this Agreement, shall be deemed to have been terminated with the consent of the Supplier.

Performance Security. 9.1.1 (a) The Supplier Developer shall, for the performance of its obligations hereunderhereunder during the Construction Period and the Defects Liability Period, provide to the Aggregator Client no later than 30 (thirty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank AA rated Financial Institution for a sum equivalent to Rs. ***** crore 250,000,000/- (Rupees ***** crore)2 Two Hundred and Fifty Million only) in the form set forth in Schedule-B Schedule J (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Developer pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Client shall release the Bid Security to the SupplierDeveloper. 9.1.3 (b) Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Developer within a period of 30 60 (thirtySixty) days from the date of this Agreement, the Aggregator Client may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier Developer under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the SupplierDeveloper, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunder, provide to the Aggregator Authority no later than 30 90 (thirtyninety) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** Rs.5.00 crore (Rupees ***** crore)2 five crore) in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 90 (thirtyninety) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Aggregator shall, for the performance of its obligations hereunder, provide to the Aggregator Utility no later than 30 32 (thirtythirty two) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)2 crore)15 in the form set forth in Schedule-B (the “Performance Security”) for a period of 6 (six) monthsthe entire Contract Period. 9.1.2 Until such time the Performance Security is provided by the Supplier Aggregator pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Utility shall release the Bid Security to the Supplier. 9.1.3 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Aggregator within a period of 30 32 (thirtythirty two) days from the date of this Agreement, the Aggregator Utility may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier Aggregator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the SupplierAggregator, and this Agreement, shall be deemed to have been terminated with the consent of the SupplierAggregator.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Concession Period, provide to the Aggregator Government no later than 30 15 (thirtyfifteen) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 20 crore (( Rupees ***** crore)2 twenty crore) in the form set forth in Schedule-B E (the “"Performance Security”) for a period of 6 (six) months. 9.1.2 "). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Government shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 60 (thirtysixty) days from the date of this Agreement, the Aggregator Government may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.

Performance Security. 9.1.1 The Supplier Concessionaire shall, for the performance of its obligations hereunderhereunder during the Construction Period, provide to the Aggregator Authority no later than 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, an irrevocable and unconditional guarantee from a Schedule Bank for a sum equivalent to Rs. ***** 15 crore (Rupees ***** crore)2 fifteen crore) in the form set forth in Schedule-B F (the “Performance Security”) for a period of 6 (six) months. 9.1.2 ). Until such time the Performance Security is provided by the Supplier Concessionaire pursuant hereto and the same comes into effect, the Bid Security shall remain in force and effect, and upon such provision of the Performance Security pursuant hereto, the Aggregator Authority shall release the Bid Security to the SupplierConcessionaire. 9.1.3 9.1.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Security is not provided by the Supplier Concessionaire within a period of 30 180 (thirtyone hundred and eighty) days from the date of this Agreement, the Aggregator Authority may encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Supplier 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 SupplierConcessionaire, and this Agreement, Agreement shall be deemed to have been terminated with the consent by mutual agreement of the SupplierParties.