Determination of Concession Fee Sample Clauses

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Determination of Concession Fee. Notwithstanding anything to the contrary contained in this Agreement, the Concessionaire agrees and undertakes that the total Realisable Fee for the purposes of computing the Concession Fee under this Article 26 shall be determined on the express understanding that in the first year following the COD, the Realisable Fee shall be deemed to be the higher of (a) the actual Fee realised by the Concessionaire and (b) Rs. 100,00,00,000 (Rupees one hundred crore); and that the Realisable Fee for computing the Concession Fee for each subsequent year shall be deemed to be the higher of (a) the actual Fee and (b) 3% (three per cent) greater than the Realisable Fee reckoned hereunder in the immediately preceding year.
Determination of Concession Fee. Notwithstanding anything to the contrary contained in this Agreement, the Concessionaire agrees and undertakes that the total Realizable Fee for the purposes of computing the Concession Fee under this Article 26 shall be determined on the express understanding that the number of PCUs in the first year following the COD shall be deemed to be the higher of (a) the actual PCUs and (b) 15094 PCUs on 01.08.2006; and that the number of PCUs for computing the Concession fee for each subsequent year shall be deemed to be the higher of (a) the actual PCUs and (b) 2% (two percent) greater than the number of PCUs reckoned hereunder in the immediately preceding year. For avoidance of doubt, the parties hereto agree that for the purposes of computing the Concession Fee hereunder, the proportion of cars, buses, trucks and other vehicles to the total number of PCUs shall always be based on the actual proportion thereof in the relevant year. The Parties also agree that for the purposes hereof, Realisable Fee shall be computed with reference to the Fee due and payable by Users and any discounts, concessions or waivers granted by the concessionaire to any or all Users shall not be reckoned for computing the Realisable Fee hereunder.
Determination of Concession Fee. Notwithstanding anything to the contrary contained in this Agreement, the Concessionaire agrees and undertakes that the total Realisable Fee for the purposes of computing the Concession Fee under this Article 26 shall be determined on the express understanding that in the first year following the COD, the Realisable Fee shall be deemed to be the higher of (a) the actual Fee realised by the Concessionaire and (b) Rs. 100,00,00,000 (Rupees one hundred crore); and £ The Premium shall be determined by competitive bidding and the bidding instructions contained in the RFP shall specify the manner in which the highest bidder shall be selected. In the event of the Concessionaire seeking a Grant under Clause 25.1 or offering no Premium, the words enclosed in the first curly parenthesis shall be substituted by the words “15th (fifteenth) anniversary of COD”. In the event of the Concessionaire commencing a payment of 1% of Realisable Fee from COD or from any date thereafter, but no later than the 15th (fifteenth) anniversary of the Appointed Date, the blank space shall be filled according to the date specified in the Bid. Further, in case the Concessionaire has offered a Premium exceeding 1% commencing from COD, the percentage specified in the Bid may be substituted in the second parenthesis, subject always to the ceiling specified in Clause 26.2.3.
Determination of Concession Fee. Notwithstanding anything to the contrary contained in this Agreement, the Concessionaire agrees and undertakes that the total Realisable Fee for the purposes of computing the Concession Fee under this Article 26 shall be determined on the express understanding that the number of PCUs in the first year following COD shall be deemed to be the higher of (a) the actual PCUs and (b) 7865 (seven thousand eight hundred and sixty five) PCUs and that the number of PCUs for computing the Concession Fee for each subsequent year shall be deemed to be the higher of (a) the actual PCUs and (b) 5% (five per cent) greater than the number of PCUs reckoned hereunder in the immediately preceding year. For the avoidance of doubt, the Parties hereto agree that for the purposes of computing the Concession Fee hereunder, the proportion of cars, buses, trucks and other vehicles to the total number of PCUs shall always be based on the actual proportion thereof in the relevant year. The Parties also agree that computation of PCUs hereunder shall be based on the traffic at the Toll Plaza, and in the event the Project Highway has 2 (two) or more Toll Plazas, the average traffic thereof shall be computed for purposes hereof.

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