Common use of Determination of Concession Fee Clause in Contracts

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 Realizable Fee 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 12900 PCUs on 01.08.200615.06.2005; and that the number of PCUs for computing the Concession fee 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 Realizable Fee shall be computed with reference to the Fee due and payable by Users and any discounts, concessions or waivers granted by the concessionaire Concessionaire to any or all Users shall not be reckoned for computing the Realisable Realizable Fee hereunder.