Key Performance Indicators (KPIs. 16.2.1. The performance in service delivery shall be monitored by the Authority and same shall be monitored vis-à-vis the Concessionaire’s Key Performance Indicators (the KPIs”) as detailed in Schedule C of this Agreement; and 16.2.2. In the event that the Concessionaire fails to repair or rectify any defect or deficiency in service in adhering to minimum KPIs; it shall be deemed to be in breach of the Agreement and the Authority shall be entitled to recover Damages, to be calculated as per the formula as set forth in Schedule C of this Agreement. Recovery of such Damages shall be without prejudice to the rights of the Authority under the Agreement, including the right of Termination thereof. The Damages shall not be recovered if the breach(ies) are on account of Force Majeure.
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Sources: Concession Agreement, Concession Agreement