Damages for delay by the Authority. In the event that (i) the Authority does not procure fulfilment of any or all of the Conditions Precedent set forth in Clause 4.1.2 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Concessionaire or due to Force Majeure, the Authority shall pay to the Concessionaire Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day‟s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty percent) of the Performance Security.
Damages for delay by the Authority. In the event that (i) the Authority does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.2 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Concessionaire or due to Force Majeure, the Authority shall pay to the Concessionaire Damages in an amount calculated at the rate of 0.2% (zero point two per cent) of the Performance Security for each day’s delay until the fulfillment of such Conditions Precedent, subject to the maximum limit equal to the amount of the Bid Security and upon reaching such limit, the Concessionaire may, in its sole discretion terminate the Agreement. The Damages payable hereunder shall be the sole remedy available to the Concessionaire for delay by the Authority. Provided further that in the event of delay by the Concessionaire in procuring fulfillment of the Conditions Precedent specified in Clause 4.1.3, no Damages shall be due or payable by the Authority under this Clause 4.2 until the date on which the Concessionaire shall have procured fulfillment of the Conditions Precedent specified in Clause 4.1.3.
Damages for delay by the Authority. In the event that
Damages for delay by the Authority. 4.3.1. If the Conditions Precedent set forth in Clause 4.1.3 have not been satisfied by the Authority within the stipulated period, and (i) the delay has not occurred as a result of breach of this Agreement by the Concessionaire or (ii) due to Force Majeure, the Authority shall pay to the Concessionaire Damages in an amount calculated at the rate of 0.1% of Performance Security for each day‟s delay until the fulfilment of such Conditions Precedent, subject to a maximum of 10% (ten percent) of Performance Security. In the event the total Damages under this Clause4.3.1 reaches the maximum level stipulated herein, the Concessionaire may terminate the Agreement in accordance with the provisions of Clause 21.2 and the Authority shall return the Performance Security on such Termination of the Agreement.
Damages for delay by the Authority. In the event that: (i) the Authority does not procure fulfilment or waiver of the Condition Precedent set forth in Article 4.1.2 within the period specified in respect thereof; and (ii) the delay has not occurred as a result of breach of this Agreement by the Concessionaire or due to Force Majeure Event, the Authority shall pay Damages to the Concessionaire of an amount calculated at the rate of [0.1% (zero point one per cent)] of the Performance Security for each day’s delay until the fulfilment of such Conditions Precedent, subject to a maximum amount equal to the Bid Security.
Damages for delay by the Authority. 4.4.1 In the event that (i) the Authority does not procure fulfilment of any or all of the Transition Period Conditions set forth in Article 4.2 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Operator or due to Force Majeure, the Authority shall pay to the Operator Damages in an amount calculated at the rate of 0.01% (zero point zero one per cent) of the Start Up Period Performance Security for each day’s delay until the fulfilment of such Transition Period Conditions, subject to the maximum limit equal to 20% of the aggregate amount of the Start Up Period Performance Security. The Damages payable under this Article 4.4.1 shall be the sole remedy available to the Operator for delay by the Authority.
Damages for delay by the Authority. In the event that (i) the Authority does not procure fulfilment/waiver of any or all of the Conditions Precedent set forth in Clause 4.1.2 within 180 days of the Execution Date, and
Damages for delay by the Authority. In the event that the Concessionaire has fulfilled its Conditions Precedent and (i) the Authority does not procure fulfilment of its Conditions Precedent set forth in Clause 4.1.2 within the period specified in respect thereof, and
Damages for delay by the Authority. 4.2.1 In the event that (i) the Authority does not procure fulfillment of any or all of the Conditions Precedent set forth in Clause 4.1.2 within the period specified in respect thereof or within such extended time period as mutually agreed between the Parties and (ii) the delay has not occurred as a result of breach of this Agreement by the Concessionaire or due to Force Majeure, the Authority shall pay to the Concessionaire Damages in an amount calculated at the rate of 0.1 % (zero point one per cent) of the Construction Period Performance Security for each day's delay until the fulfillment of such Conditions Precedent, subject to a maximum of 10% (ten per cent) of the Construction Period Performance Security. Provided that the Concessionaire hereby agrees and acknowledges that in no event whatsoever the Authority will be required to pay any Damages to the Concessionaire in the event of delay in grant of requisite approvals and clearances by the concerned competent authority or government agency/ department issuing any Applicable Permits.
Damages for delay by the Authority. (a) In the event that the Authority does not procure fulfilment or waiver of the Conditions Precedent set forth in Clause 4.1.2 by the Scheduled CP Satisfaction Date (as the same may be extended in accordance with the provisions of Clause 4.2(b) above), or, within the time period specified for the fulfilment of such Condition Precedent, the Authority shall pay to the Operator Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day’s delay beyond the Scheduled CP Satisfaction Date until the fulfilment of such Conditions Precedent, subject to a maximum of 20% (twenty per cent) of the Performance Security. If the Authority delays in fulfilling its Conditions Precedent such that the cap on Damages set out herein is breached, then the Authority may continue to pay the Operator Damages in an amount calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each additional day’s delay and if the Authority fails to pay such Damages, the Operator may, in its sole discretion, terminate the Agreement. Provided that in the event of a delay by the Operator in procuring fulfilment of any of its Conditions Precedent specified in Clause 4.1.3 and where such delay impacts the Authority's ability to fulfil any of its Conditions Precedents, no Damages shall be due or payable by the Authority under this Clause 4.3 until the date on which the Operator shall have procured fulfilment of the relevant Conditions Precedent specified in Clause 4.1.3.
