Scheduled Completion Date. 12.4.1 The Mine Operator agrees and undertakes that development of Mines for extraction and Delivery of Coal shall be undertaken in a manner such that (i) the Commercial Operations Date occurs on or prior to [ ****] days from the Appointed Date (“Scheduled COD”); and (ii) the Completion occurs on or prior to [****] days from the Appointed Date (“Scheduled Completion Date”). 12.4.2 In the event that the Mine Operator fails to achieve any Project Milestone within a period of 60 (sixty) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.5% (zero point five per cent) of the amount of initial Performance Security for delay of each week, or part of the week, until such Project Milestone is achieved; provided that if any or all Project Milestones, or the Scheduled COD, or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.4.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.
Appears in 1 contract
Sources: Model Contract Agreement
Scheduled Completion Date. 12.4.1 The Mine Operator agrees and undertakes that development of Mines for extraction excavation and Delivery of Coal shall be undertaken in a manner such that (i) the Commercial Operations Date occurs on or prior to [ [****] days from the Appointed Date (“Scheduled COD”); and (ii) the Completion occurs on or prior to [****] days from the Appointed Date (“Scheduled Completion Date”).
12.4.2 In the event that the Mine Operator fails to achieve any Project Milestone within a period of 60 (sixty) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.5% (zero point five per cent) of the amount of initial Performance Security for delay of each week, or part of the week, day until such Project Milestone is achieved; provided that if any or all Project Milestones, or the Scheduled COD, or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.4.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.
Appears in 1 contract
Sources: Coal Mining Agreement
Scheduled Completion Date.
12.4.1 The Mine Operator agrees and undertakes that development of Mines for extraction excavation and Delivery of Coal shall be undertaken in a manner such that (i) the Commercial Operations Date occurs on or prior to [ [****] days from the Appointed Date (“Scheduled COD”); and (ii) the Completion occurs on or prior to [****] days from the Appointed Date (“Scheduled Completion Date”).
12.4.2 In the event that the Mine Operator fails to achieve any Project Milestone within a period of 60 (sixty) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.5% (zero point five per cent) of the amount of initial Performance Security for delay of each week, or part of the week, day until such Project Milestone is achieved; provided that if any or all Project Milestones, or the Scheduled COD, or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.4.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.
Appears in 1 contract
Sources: Coal Mining Agreement