Common use of Non-fulfilment of Conditions Precedent Clause in Contracts

Non-fulfilment of Conditions Precedent. In the event that any of the conditions set forth in Articles 3.1.1, 3.1.2 or 3.1.3 have not been fulfilled within 3 months from the date of this Agreement, or such later date as may be mutually agreed by the Parties, the JVC (in case of non- fulfilment of any of the AAI Conditions Precedent), the AAI (in case of non- fulfilment of any of the JVC Conditions Precedent) and any of the Parties (in case of non-fulfilment of Common Conditions Precedent) may terminate this Agreement. Provided however that in the event this Agreement is terminated by AAI for non- fulfilment of the JVC Conditions Precedent, the AAI shall be entitled to encash the Bid Bond/ Performance Bond (as the case may be). Provided further that upon any such termination, each Party shall return to the other Party, any monies (other than the termination payments mentioned above) received from such Party prior to such termination. Neither Party shall be entitled to terminate this Agreement for non-fulfillment of the JVC Conditions Precedent, or the AAI Conditions Precedent, or the Common Conditions Precedent, as the case may be, to the extent that such non-fulfillment is the result and/or consequence of an event of Force Majeure.

Non-fulfilment of Conditions Precedent. In the event that any of the conditions set forth in Articles 3.1.1, or 3.1.2 or 3.1.3 have not been fulfilled within 3 06 months from the date of this Agreement, or such later date as may be mutually agreed by the Parties, Parties (subject to payment of 0.1% of Bid Bond amount for each day of extension beyond 06 months); the JVC SPC (in case of non- fulfilment of any of the AAI AUTHORITY Conditions Precedent), or the AAI AUTHORITY (in case of non- fulfilment of any of the JVC Conditions Precedent) and any of the Parties (in case of non-fulfilment of Common SPC Conditions Precedent) may terminate this Agreement. Provided however that in the event this Agreement is terminated by AAI AUTHORITY for non- fulfilment of the JVC SPC Conditions Precedent, the AAI AUTHORITY shall be entitled to encash the Bid Bond/ Bond or Performance Bond (as the case may be)) whichever is available. Provided further that upon any such termination, each Party shall return to the other Party, any monies (other than the termination payments mentioned above) received from such Party prior to such termination. Neither Party shall be entitled to terminate this Agreement for non-fulfillment of the JVC SPC Conditions Precedent, or the AAI Conditions Precedent, or the Common AUTHORITY Conditions Precedent, as the case may be, to the extent that such non-fulfillment is the result and/or consequence of an event of Force Majeure.