Common use of Scheduled Completion Date Clause in Contracts

Scheduled Completion Date. 12.4.1 On or after the Appointed Date, the Concessionaire shall undertake construction of the Mandatory Project and Mandatory Sports Infrastructure Project Facilities as specified in Schedule B and Schedule C. The 1095th (One thousand and ninety fifth) day from the Appointed Date shall be the scheduled date for completion of the Mandatory Project and the Mandatory Sports Infrastructure Project Facilities (the “Scheduled Completion Date”) and the Concessionaire agrees and undertakes that the construction of the Mandatory Projects and the Mandatory Sports Infrastructure Project Facilities shall be completed on or before the Scheduled Completion Date. 12.4.2 The Concessionaire shall construct the Mandatory Project and the Mandatory Sports Infrastructure Project Facilities in accordance with the Project Completion Schedule. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 30 (thirty) days from the date set forth for such Project Milestone, 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 0.1% (zero point one percent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in the Project Completion Schedule shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if the Project Completion Schedule has been amended as above. For the avoidance of doubt, it is agreed that recovery of Damages under this Article

Appears in 1 contract

Sources: Concession Agreement

Scheduled Completion Date. 12.4.1 On or after Pursuant to having in place the Appointed Daterelevant approvals from the concerned authorities and procurement of Applicable Permits, the Concessionaire shall after the Appointed Date undertake construction of the Mandatory Project and Mandatory Sports Infrastructure Project Facilities as specified in Schedule B and Schedule C. conformity with the provisions of this Agreement. The 1095th (One thousand Thousand and ninety fifthNinety Fifth) day from the Appointed Date of the Project shall be the scheduled date for completion of the Mandatory Project and the Mandatory Sports Infrastructure Project Facilities (the "Scheduled Completion Date") and the Concessionaire agrees and undertakes that the construction of the Mandatory Projects and the Mandatory Sports Infrastructure Project Facilities Development Obligations shall be completed on or before the Scheduled Completion Date. 12.4.2 The Concessionaire shall construct the Mandatory Project and the Mandatory Sports Infrastructure Project Facilities in accordance with the Project Completion Schedule set forth in Schedule. -E. In the event that event, the Concessionaire fails to achieve completion of any Project Milestone of the Mandatory Development Obligation within a period of 60 (sixty) days from the date set forth for such completion in Schedule-E or fails to complete any milestone within a period of 30 (thirty) days from the date set forth for such Project Milestoneproposed by the Concessionaire and approved by the Authority in terms of Clause 12.1 above, 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 at a sum calculated at the rate of 0.1% (zero point one percentper cent) of the amount of Performance Security for delay of each day until such Project Milestone milestone is achieved; provided that if any or all Project Milestones project milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in the Project Completion Schedule E shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if the Project Completion Schedule E has been amended as above; provided further that in the event Project completion date is achieved, the Damages paid under this Clause 12.4.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages damages under this ArticleClause 12.4.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of termination thereof. Provided further if the Authority is satisfied that reasons of delay were beyond the reasonable control of theConcessionaire, the Authority may at its sole discretion choose not to impose any Damages and grant extension of time to the Concessionaire subject to such conditions as considered reasonable and justified under the circumstances. 12.4.3 In the event that the Concessionaire is unable to achieve completion of the Mandatory Development Obligations even after the lapse of more than 120 (one hundred and twenty) days from the Scheduled Completion Date unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority may at its sole discretion terminate this Agreement and forfeit the Performance Security of the Concessionaire; the Upfront Premium amount paidby the Concessionaire shall be retained by the Authority. In the alternative, the Authority keeping in view the facts and circumstances existing may grant further extension of time to the Concessionaire. Such further extension of time shall be for a period not exceeding 60 (sixty) days and shall be subject to payment of further damages by the Concessionaire at a rate of 0.2% (zero point two per cent) of the amount of Performance Security for each day of delay

Appears in 1 contract

Sources: Concession Agreement

Scheduled Completion Date. 12.4.1 The Mine Operator agrees and undertakes that development of Mines for excavation and Delivery of Coal shall be undertaken in a manner such that the Commercial Operations Date occurs on or prior to the Scheduled COD6; and the Completion occurs on or prior to the Scheduled Completion Date 12.4.2 On or after the before Appointed Date, the Concessionaire Mine Operator shall undertake construction have to submit a Project Completion Schedule in accordance with the approved Mining Plan and Schedule-G. For proper monitoring of the Mandatory project schedule, the Project and Mandatory Sports Infrastructure Project Facilities as specified in Completion Schedule B and Schedule C. The 1095th (One thousand and ninety fifth) day from the Appointed Date shall be submitted in Microsoft-Project. Each Project Milestone in the scheduled Project Completion Schedule shall have completion date for completion and all the Project Milestone of the Mandatory Project and the Mandatory Sports Infrastructure Project Facilities Completion Schedule should have been completed within a specified date (the “Scheduled Completion Date”) and the Concessionaire agrees and undertakes that the construction of the Mandatory Projects and the Mandatory Sports Infrastructure Project Facilities shall be completed on or before the Scheduled Completion Date. 12.4.2 The Concessionaire shall construct the Mandatory Project and the Mandatory Sports Infrastructure Project Facilities in accordance with the Project Completion Schedule). In the event that the Concessionaire Mine Operator fails to achieve any Project Milestone within a period of 30 60 (thirtysixty) days from the date set forth for such Project MilestoneMilestone , 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 0.1% (zero point one percentper cent) of the amount of Performance Security for delay of each day week, or part of the week, beyond such period of 60 (sixty) days until such Project Milestone is achieved; provided that if any or all Project Milestones 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 the Project Completion Schedule shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if the Project Completion Schedule has been amended as above. For the avoidance of doubt, it is agreed that recovery of Damages under this ArticleClause 6 “Scheduled COD” shall be the first day of the succeeding Accounting Year of the year in which at least 50% of the Contracted Capacity is scheduled in Annual Production Programme.

Appears in 1 contract

Sources: Contract Agreement