Common use of Completion of Punch List items Clause in Contracts

Completion of Punch List items. 14.4.1 All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to recover Damages from the Concessionaire to be calculated and paid for each day of delay until all items are completed, at the lower of (a) 0.1% (zero point one per cent) of the Performance Security or Performance Guarantee, as the case may be, and (b) 0.2% (zero point two per cent) of the cost of completing such items as estimated by the Independent Engineer and/or the Independent Panel, as the case may be. Subject to payment of such Damages, the Concessionaire shall be entitled to a further period not exceeding 120 (one hundred and twenty) days for completion of the Punch List items. For the avoidance of doubt, it is agreed that if completion of any item is delayed for reasons solely attributable to the Authority or due to Force Majeure, the completion date thereof shall be determined by the Independent Engineer and/or the Independent Panel, as the case may be, in accordance with Good Industry Practice, and such completion date shall be deemed to be the date of issue of the Provisional Certificate for the purposes of Damages, if any, payable for such item under this Clause 14.4.1.

Appears in 2 contracts

Samples: Substitution Agreement, Stamp Paper

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Completion of Punch List items. 14.4.1 All items in the Punch List List, including any shortfall in System Capacity, shall be completed or rectified, as the case may be, by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to recover Damages from the Concessionaire to be calculated and paid for each day of delay until all items are completed, at the lower of (a) 0.1% (zero point one per cent) of the Performance Security or Performance Guarantee, as the case may beSecurity, and (b) 0.2% (zero point two per cent) of the cost of completing such items as estimated by the Independent Engineer and/or the Independent Panel, as the case may beEngineer. Subject to payment of such Damages, the Concessionaire shall be entitled to a further period not exceeding 120 (one hundred and twenty) days for completion of the Punch List items. For the avoidance of doubt, it is agreed that if completion of any item is delayed for reasons solely attributable to the Authority or due to Force Majeure, the completion date thereof shall be determined by the Independent Engineer and/or the Independent Panel, as the case may be, in accordance with Good Industry Practice, and such completion date shall be deemed to be the date of issue of the Provisional Certificate for the purposes of Damages, if any, payable for such item under this Clause 14.4.1.

Appears in 1 contract

Samples: Transmission Agreement

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Completion of Punch List items. 14.4.1 All items in the Punch List List, including any shortfall in Storage Capacity, shall be completed or rectified, as the case may be, by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to recover Damages from the Concessionaire to be calculated and paid for each day of delay until all items are completed, at the lower of (a) 0.1% (zero point one per cent) of the Performance Security or Performance Guarantee, as the case may beSecurity, and (b) 0.2% (zero point two per cent) of the cost of completing such items as estimated by the Independent Engineer and/or the Independent Panel, as the case may beExpert. Subject to payment of such Damages, the Concessionaire shall be entitled to a further period not exceeding 120 (one hundred and twenty) days for completion of the Punch List items. For the avoidance of doubt, it is agreed that if completion of any item is delayed for reasons solely attributable to the Authority or due to Force Majeure, the completion date thereof shall be determined by the Independent Engineer and/or the Independent Panel, as the case may be, Expert in accordance with Good Industry Practice, and such completion date shall be deemed to be the date of issue of the Provisional Certificate for the purposes of Damages, if any, payable for such item under this Clause 14.4.1.

Appears in 1 contract

Samples: fci.gov.in

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