Common use of Damages for delay by the Concessionaire Clause in Contracts

Damages for delay by the Concessionaire. In the event that: (i) the Concessionaire does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Article 4.1.3 within the period specified in that Article; and (ii) the delay has not occurred as a result of breach of this Agreement by the Authority or due to Force Majeure Event, the Concessionaire shall pay Damages to the Authority of an amount calculated at the rate of [0.3% (zero point three per cent)] of the Performance Security for each day’s delay until the fulfilment or waiver of such Conditions Precedent, up to the maximum amount equal to the Bid Security and upon reaching such maximum amount, the Authority may, in its sole discretion and subject to the provisions of Article 9.2, terminate the Agreement. Provided that in the event of delay by the Authority in procuring fulfilment of the Conditions Precedent specified in Article 4.1.2, no Damages shall be due and payable by the Concessionaire under this Article 4.3 until the date on which the Authority shall have procured fulfilment of the Conditions Precedent specified in Article 4.1.2.

Damages for delay by the Concessionaire. In the event that: (i) the Concessionaire does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Article 4.1.3 within the period specified in that Article; and (ii) the delay has not occurred as a result of breach of this Agreement by the Authority or due to Force Majeure Event, the Concessionaire shall pay Damages to the Authority of an amount calculated at the rate of [0.3% (zero point three per cent)] ) of the Performance Security for each day’s delay until the fulfilment or waiver of such Conditions Precedent, up to the maximum amount equal to the Bid Security and upon reaching such maximum amount, the Authority may, in its sole discretion and subject to the provisions of Article 9.2, terminate the Agreement. Provided that in the event of delay by the Authority in procuring fulfilment of the Conditions Precedent specified in Article 4.1.2, no Damages shall be due and payable by the Concessionaire under this Article 4.3 until the date on which the Authority shall have procured fulfilment of the Conditions Precedent specified in Article 4.1.2.

Damages for delay by the Concessionaire. In the event that: (i) the Concessionaire does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Article Clause 4.1.3 within the period specified in that ArticleClause; and (ii) the delay has not occurred as a result of breach of this Agreement by the Authority or due to Force Majeure Event, the Concessionaire shall pay Damages to the Authority of an amount calculated at the rate of [0.3% (zero point three per cent)] of the Performance Security for each day’s delay until the fulfilment or waiver of such Conditions Precedent, up to the maximum amount equal to the Bid Security and upon reaching such maximum amount, the Authority may, in its sole discretion and subject to the provisions of Article Clause 9.2, terminate the Agreement. Provided that in the event of delay by the Authority in procuring fulfilment of the Conditions Precedent specified in Article Clause 4.1.2, no Damages shall be due and payable by the Concessionaire under this Article Clause 4.3 until the date on which the Authority shall have procured fulfilment of the Conditions Precedent specified in Article Clause 4.1.2.

Damages for delay by the Concessionaire. In the event that: (i) the Concessionaire does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Article 4.1.3 within the period specified in that Article; and (ii) the delay has not occurred as a result of breach of this Agreement by the Authority or due to Force Majeure Event, the Concessionaire shall pay Damages to the Authority of an amount calculated at the rate of [0.3% (zero point three per cent)] of the Performance Security for each day’s delay until the fulfilment or waiver of such Conditions Precedent, up to the maximum amount equal to the Bid Security and upon reaching such maximum amount, the Authority may, in its sole discretion and subject to the provisions of Article 9.2, terminate the Agreement. Provided that in the event of delay by the Authority in procuring fulfilment fulfillment of the Conditions Precedent specified in Article 4.1.2, no Damages shall be due and payable by the Concessionaire under this Article 4.3 until the date on which the Authority shall have procured fulfilment of the Conditions Precedent specified in Article 4.1.2.

Damages for delay by the Concessionaire. In the event that: that (i) the Concessionaire does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Article 4.1.3 within the period specified in that Article; respect thereof, and (ii) the delay has not occurred as a result of failure to fulfil the obligations under Article 4.1.2 or other breach of this Agreement by the Authority Authority, or due to Force Majeure EventMajeure, the Concessionaire shall pay Damages to the Authority of Damages in an amount calculated at the rate of [0.30.1% (zero point three per oneper cent)] ) of the Performance Construction PeriodPerformance Security for each day’s delay until the fulfilment or waiver of such Conditions Precedent. Provided, up however, that the Damages payable hereunder shall be subject to the maximum amount limit equal to 20% of the Bid aggregate amount of the Construction Period Performance Security and upon reaching such maximum amountlimit, the Authority may, in its sole discretion and subject to the provisions of Article 9.2, terminate the Agreement. Provided further that in the event of delay by the Authority in procuring fulfilment of the Conditions Precedent specified in Article 4.1.2, no Damages shall be due and or payable by the Concessionaire under this Article 4.3 until the date on which the Authority shall have procured fulfilment of the Conditions Precedent specified in Article 4.1.2.

Damages for delay by the Concessionaire. In the event that: that (i) the Concessionaire does not procure fulfilment or waiver of any or all of the Conditions Precedent set forth in Article 4.1.3 I within the period specified in that Article; therein, and (ii) the delay has not occurred as a result of breach of this Agreement failure to fulfil the obligations under Article 4.1.2 by the Authority NMMC or due to Force Majeure EventMajeure, the Concessionaire shall pay to NMMC, Damages to the Authority of in an amount calculated at the rate of [0.3% (zero point three per cent)] ) of the Performance Security for each day’s delay until the fulfilment or waiver of such Conditions Precedent, up subject to the a maximum amount equal to the Bid Security Performance Security, and upon reaching such maximum amountlimit, the Authority NMMC may, in its sole discretion and subject to the provisions of Article 9.2discretion, terminate the this Agreement. Provided that in the event of delay by the Authority NMMC in procuring fulfilment of the Conditions Precedent specified in Article 4.1.24.1.3 II, no Damages shall be due and or payable by the Concessionaire under this specified in Article 4.3 4.1.3 I until the date on which the Authority NMMC shall have procured fulfilment of the Conditions Precedent specified in Article 4.1.24.1.3 II.