Common use of Minimum Facilities Clause in Contracts

Minimum Facilities. ‌ 6.1.1 The Developer shall not undertake any construction activities on the Project Land except in accordance with the Approved Drawings and Plan and after obtaining the Applicable Permits. The Developer shall be obliged to complete the construction of the Minimum Facilities in accordance with this Agreement, including without limitation, the Technical Specifications, Approved Drawings and Plan and the Applicable Permits, within 2 (two) years from the date of (“Scheduled Construction Period- Minimum Facilities”). Upon occurrence of a **** Event of Default or an Event of Force Majeure which substantially prevents the Developer from achieving Completion within the Scheduled Construction Period- Minimum Facilities (subject to the Developer having complied with all its obligations set forth herein), the Developer shall be entitled to a day by day extension equivalent to the time taken by the ******* to complete its obligations hereunder or for the period the Force Majeure event continues. 6.1.2 In the event that the Developer does not achieve Completion of the Minimum Facilities, prior to expiry of the Scheduled Construction Period-Minimum Facilities unless the delay is on account of reasons solely attributable to the ***** or due to Force Majeure, the Developer shall pay damages to the ****** of a sum calculated at the rate of 0.1% of the amount of Performance Security for delay of each day until Completion is achieved. 6.1.3 In the event that the Minimum Facilities are not completed within 2 years from the expiry of the Scheduled Construction Period-Minimum Facilities, unless the delay is on account of reasons solely attributable to the **** or due to Force Majeure, otherwise the ***** shall be entitled to terminate this Agreement.

Appears in 1 contract

Sources: Concession Agreement

Minimum Facilities. 6.1.1 The Developer shall not undertake any construction activities on the Project Land except in accordance with the Approved Drawings and Plan and after obtaining the Applicable Permits. The Developer shall be obliged to complete the construction of the Minimum Facilities in accordance with this Agreement, including without limitation, the Technical Specifications, Approved Drawings and Plan and the Applicable Permits, within 2 (two) years from the date of (“Scheduled Construction Period- Minimum Facilities”). Upon occurrence of a **** Mandi Board Event of Default or an Event of Force Majeure which substantially prevents the Developer from achieving Completion within the Scheduled Construction Period- Minimum Facilities (subject to the Developer having complied with all its obligations set forth herein), the Developer shall be entitled to a day by day extension equivalent to the time taken by the ******* Mandi Board to complete its obligations hereunder or for the period the Force Majeure event continues. 6.1.2 In the event that the Developer does not achieve Completion of the Minimum Facilities, prior to expiry of the Scheduled Construction Period-Minimum Facilities unless the delay is on account of reasons solely attributable to the ***** Mandi Board or due to Force Majeure, the Developer shall pay damages to the ****** Mandi Board of a sum calculated at the rate of 0.1% of the amount of Performance Security for delay of each day until Completion is achieved. 6.1.3 In the event that the Minimum Facilities are not completed within 2 years 180 days from the expiry of the Scheduled Construction Period-Minimum Facilities, unless the delay is on account of reasons solely attributable to the **** Mandi Board or due to Force Majeure, otherwise the ***** Mandi Board shall be entitled to terminate this Agreement.

Appears in 1 contract

Sources: Concession Agreement