Common use of Deemed Termination upon delay Clause in Contracts

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before within a period of [180 (one hundred and eighty)] days from the 1st (first) anniversary of the date of this Agreement Execution Date or the extended period provided in accordance with this Agreement, then all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, Concessionaire and the Concession Agreement shall may be deemed to have been terminated by mutual agreement of the Partiesnon-defaulting Party. Provided, however, that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and or the Additional Performance Bid Security, if anyas the case may be, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, however that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement within 150 days or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st 120 (firstone hundred twenty) anniversary of days from the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.29.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereofAuthority.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, 4.3 and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 4.1.3 and 4.35.1.3, and subject to the provisions of Clause 9.28.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed enchased and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 Clause 4.1 and 4.3, and subject to the provisions of Clause 9.24.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Providedprovided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Bid Security and shall be encashed by the Additional Performance Authority unless substituted by the performance Security, if anyin which case, of an amount equal to the Concessionaire Bid Security shall be encashed and appropriated by from the Authority Performance Security as Damages thereof. Upon termination under this Clause the Authority shall, within [*] days, refund the Concession fee to the Concessionaire, if deposited by the Concessionaire, without interest.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9 of this Agreement, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st 2nd (firstsecond) anniversary of anniversaryof the date of this Agreement Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the ConcessionaireMine Operator, and the Concession this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the non-such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Bid Security, Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 4.1 and 4.3, and subject to the provisions of Clause 9.24.2, the Parties expressly agree that in the event the Appointed Date does not occur, occur for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Bid Security and shall be encashed by the Additional Contracting Authority unless substituted by the Performance Security, if anyin which case, of an amount equal to the Concessionaire Bid Security shall be encashed and appropriated by from the Authority Performance Security as Damages thereof. Upon termination under this Clause the Contracting Authority shall, refund the Concession Fee to the Concessionaire, if deposited by the Concessionaire, without interest.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 Clause 4.1 and 4.3, and subject to the provisions of Clause 9.24.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Bid Security and shall be encashed by the Additional Authority unless substituted by the Performance Security, if anyin which case, of an amount equal to the Concessionaire Bid Security shall be encashed and appropriated by from the Authority Performance Security as Damages thereof. Upon termination under this Clause the Authority shall, within [•] days, refund the Concession Fee to the Concessionaire, if deposited by the Concessionaire, without interest.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st within a period of 180 (firstone hundred eighty ) anniversary of days from the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses Articles 4.2 and 4.3, and subject to the provisions of Clause Article 9.2, the Parties expressly agree that in the event the Appointed Date does conditions precedent in Article 4.2 and 4.3 are not occurcompleted, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement Effective Date or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Construction Period Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.. ARTICLE5

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 4.2 Clause 4.1 and 4.3, and subject to the provisions of Clause 9.24.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Bid Security and shall be encashed by the Additional Authority unless substituted by the Performance Security, if anyin which case, of an amount equal to the Concessionaire Bid Security shall be encashed and appropriated by from the Authority Performance Security as Damages thereof. Upon termination under this Clause the Authority shall, within 30 (thirty) days, refund the Concession Fee to the Concessionaire, if deposited by the Concessionaire, without interest.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 Clause 4.1 and 4.3, and subject to the provisions of Clause 9.24.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Bid Security and shall be encashed by the Additional Authority unless substituted by the Performance Security, if anyin which case, of an amount equal to the Concessionaire Bid Security shall be encashed and appropriated by from the Authority Performance Security as Damages thereof. Upon termination under this Clause the Authority shall, within 30 days, refund the Concession Fee to the Concessionaire, if deposited by the Concessionaire, without interest.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9 of this Agreement, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st [2nd (firstsecond) anniversary or 3rd (third) anniversary]3 of the date of this Agreement Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the ConcessionaireMine Operator, and the Concession this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the non-such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.. 3 In case of preparation of Geological Report the timeline will be 3 (three) years, otherwise the timeline will be 2 (two) years

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.2, and subject to the provisions of Clause 9.29.3, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st within a period of 180 (firstone hundred and eighty) anniversary of days from the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9 of this Agreement, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st 2nd (firstsecond) anniversary of the date of this Agreement Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the ConcessionaireMine Operator, and the Concession this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the non-such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st 2nd (firstsecond) anniversary of the date of this Agreement or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the ConcessionaireMine Operator, and the Concession this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the non-such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st within a period of 180 (firstone hundred and eighty) anniversary of days from the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses Articles 4.2 and 4.3, and subject to the provisions of Clause Article 9.2, the Parties expressly agree that in the event the Appointed Date does conditions precedent in Article 4.2 and 4.3 are not occurcompleted, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement Effective Date or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Construction Period Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. ‌ Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9 of this Agreement, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st [3rd (first) third)] anniversary of the date of this Agreement Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the ConcessionaireMine Operator, and the Concession this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the non-such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st within a period of 180 (firstone hundred eighty ) anniversary of days from the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 Clause 4.1 and 4.3, and subject to the provisions of Clause 9.24.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Agreement or the extended period provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Bid Security and shall be encashed by the Additional Authority unless substituted by the Performance Security, if anyin which case, of an amount equal to the Concessionaire Bid Security shall be encashed and appropriated by from the Authority Performance Security as Damages thereof. Upon termination under this Clause the Authority shall, within 30 (thirty) days, refund the Concession Fee to the Concessionaire, if deposited by the Concessionaire, without interest.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9 of this Agreement, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st 2nd (firstsecond) anniversary of the date of this Agreement Agreement, or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the ConcessionaireMine Operator, and the Concession this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the non-such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the initial Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.34.3 and Article 9, and subject to unless otherwise agreed between the provisions of Clause 9.2Parties, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st 2nd (firstsecond) anniversary of the date of this Agreement or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, all rights, privileges, claims and entitlements of the Concessionaire Mine Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the ConcessionaireMine Operator, and the Concession this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. ProvidedProvided that, however, that in the event the non-such delay in occurrence of the Appointed Date is for reasons attributable to the ConcessionaireMine Operator, the Authority shall, without prejudice to Clause 4.3, be entitled to appropriate the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.

Deemed Termination upon delay. Without prejudice to the provisions of Clauses 4.2 and 4.3, and subject to the provisions of Clause 9.2, the Parties expressly agree that in the event the Appointed Date does not occur, for any reason whatsoever, before the 1st (first) anniversary of the date of this Concession Agreement or the extended period provided in accordance with this Concession Agreement, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Concession Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided, however, that in the event the non-delay in occurrence of the Appointed Date is for reasons attributable to the Concessionaire, the Performance Security and the Additional Performance Security, if any, of the Concessionaire shall be encashed and appropriated by the Authority as Damages thereof.