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

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. 4.4.2 Provided that in the event of delay by the Operator in fulfilment of any Transition Period Conditions specified in Article 4.2, no Damages shall be due or payable by the Authority under this Article 4.4 until the date on which the Operator shall have fulfilled of the Transition Period Conditions specified in Article 4.2.