Common use of References to Performance Security Clause in Contracts

References to Performance Security. 9.3.1 References to Performance Security occurring in this Agreement for and in respect of any period prior to the delivery of the Performance Security by the Mine Developer and Operator to TANGEDCO, or in respect of any period subsequent to the expiry or release thereof, as the case may be, shall be construed solely for the purposes of calculating the amount of Damages payable by the Mine Developer and Operator. 9.3.2 Until such time the Performance Security is provided by the Mine Developer and Operator pursuant to Clause 9.1.1 and the same comes into effect, the Bid Security shall remain in force and effect and TANGEDCO shall be entitled to appropriate the Bid Security for any amounts, including Damages, due and payable by the Mine Developer and Operator to TANGEDCO under this Agreement; provided that upon provision of the Performance Security pursuant to Clause 9.1.1, TANGEDCO shall release the Bid Security to the Mine Developer and Operator. Notwithstanding anything to the contrary contained in this Agreement, in the event the Performance Security is not provided by the Mine Developer and Operator within a period of 30 (thirty) days from the date of this Agreement, TANGEDCO may, at its option, encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Mine Developer and Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Developer and Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

References to Performance Security. 9.3.1 References to Performance Security occurring in this Agreement for and in respect of any period prior to the delivery of the Performance Security by the Mine Developer and Operator to TANGEDCOHPGCL, or in respect of any period subsequent to the expiry or release thereof, as the case may be, shall be construed solely for the purposes of calculating the amount of Damages payable by the Mine Developer and Operator. 9.3.2 Until such time the Performance Security is provided by the Mine Developer and Operator pursuant to Clause 9.1.1 and the same comes into effect, the Bid Security shall remain in force and effect and TANGEDCO HPGCL shall be entitled to appropriate the Bid Security for any amounts, including Damages, due and payable by the Mine Developer and Operator to TANGEDCO HPGCL under this Agreement; provided that upon provision of the Performance Security pursuant to Clause 9.1.1, TANGEDCO shall release and acceptance thereof by HPGCL, the Bid Security shall be released to the Mine Developer and Operator. Notwithstanding anything to the contrary contained in this Agreement, in the event the Performance Security is not provided by the Mine Developer and Operator within a period of 30 (thirty) days from the date of this Agreement, TANGEDCO may, HPGCL may at its option, encash the Bid Security and appropriate the proceeds thereof as Damages, ,and thereupon all rights, privileges, claims and entitlements of the Mine Developer and Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Developer and Operator, and this Agreement shall be deemed to have been terminated by mutual agreement Agreement of the PartiesParties unless waived by HPGCL. 10.1 The Site‌

References to Performance Security. 9.3.1 References to Performance Security occurring in this Agreement for and in respect of any period prior to the delivery of the Performance Security by the Mine Developer and Operator to TANGEDCOthe Authority, or in respect of any period subsequent to the expiry or release thereof, as the case may be, shall be construed solely for the purposes of calculating the amount of Damages payable by the Mine Developer and Operator. 9.3.2 Until such time the Performance Security is provided by the Mine Developer and Operator pursuant to Clause 9.1.1 and the same comes into effect, the Bid Security shall remain in force and effect and TANGEDCO the Authority shall be entitled to appropriate the Bid Security for any amounts, including Damages, due and payable by the Mine Developer and Operator to TANGEDCO the Authority under this Agreement; provided that upon provision of the Performance Security pursuant to Clause 9.1.1, TANGEDCO the Authority shall release the Bid Security to the Mine Developer and Operator. Notwithstanding anything to the contrary contained in this Agreement, in the event the Performance Security is not provided by the Mine Developer and Operator within a period of 30 [90 (thirty) days ninety)]days from the date of this Agreementissue of LOA or within such period as may be extended by the Authority, TANGEDCO may, at its option, encash the Authority shall forfeit the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Mine Developer and Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Developer and Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

References to Performance Security. 9.3.1 References to Performance Security occurring in this Agreement for and in respect of any period prior to the delivery of the Performance Security by the Mine Developer and Operator to TANGEDCOthe Authority, or in respect of any period subsequent to the expiry or release thereof, as the case may be, shall be construed solely for the purposes of calculating the amount of Damages payable by the Mine Developer and Operator. 9.3.2 Until such time the Performance Security is provided by the Mine Developer and Operator pursuant to Clause 9.1.1 and the same comes into effect, the Bid Security shall remain in force and effect and TANGEDCO the Authority shall be entitled to appropriate the Bid Security for any amounts, including Damages, due and payable by the Mine Developer and Operator to TANGEDCO the Authority under this Agreement; provided that upon provision of the Performance Security pursuant to Clause 9.1.1, TANGEDCO the Authority shall release the Bid Security to the Mine Developer and Operator. Notwithstanding anything to the contrary contained in this Agreement, in the event the Performance Security is not provided by the Mine Developer and Operator within a period of 30 90 (thirtyninety) days from the date of this Agreement, TANGEDCO the Authority may, at its option, encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Mine Developer and Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Developer and Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

References to Performance Security. 9.3.1 References to Performance Security occurring in this Agreement for and in respect of any period prior to the delivery of the Performance Security by the Mine Developer and Operator MDO to TANGEDCOHCL, or in respect of any period subsequent to the expiry or release thereof, as the case may be, shall be construed solely for the purposes of calculating the amount of Damages payable by the Mine Developer and OperatorMDO. 9.3.2 Until such time the Performance Security is provided by the Mine Developer and Operator MDO pursuant to Clause 9.1.1 and the same comes into effect, the Bid Security Declaration shall remain in force and effect and TANGEDCO HCL shall be entitled to appropriate the Bid Security Declaration for any amounts, including Damages, due and payable by the Mine Developer and Operator to TANGEDCO suspension of business relation with MDO under this Agreement; provided that upon provision of the Performance Security pursuant to Clause 9.1.1, TANGEDCO shall release the Bid Security to the Mine Developer and Operator. Notwithstanding anything to the contrary contained in this Agreement, in the event the Performance Security is not provided by the Mine Developer and Operator MDO within a period of 30 (thirty) days from the date of this Agreement, TANGEDCO HCL may, at its option, encash appropriate the Bid Security Declaration for suspension of business relation with the MDO and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Mine Developer and Operator MDO under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Developer and OperatorMDO, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

References to Performance Security. 9.3.1 References to Performance Security occurring in this Agreement for and in respect of any period prior to the delivery of the Performance Security by the Mine Developer and Operator to TANGEDCOthe Authority, or in respect of any period subsequent to the expiry or release thereof, as the case may be, shall be construed solely for the purposes of calculating the amount of Damages payable by the Mine Developer and Operator. 9.3.2 Until such time the Performance Security is provided by the Mine Developer and Operator pursuant to Clause 9.1.1 and the same comes into effect, the Bid Security shall remain in force and effect and TANGEDCO the Authority shall be entitled to appropriate the Bid Security for any amounts, including Damages, due and payable by the Mine Developer and Operator to TANGEDCO the Authority under this Agreement; provided that upon provision of the Performance Security pursuant to Clause 9.1.1, TANGEDCO the Authority shall release the Bid Security to the Mine Developer and Operator. Notwithstanding anything to the contrary contained in this Agreement, in the event the Performance Security is not provided by the Mine Developer and Operator within a period of 30 [90 (thirty) ninety)] days from the date of this Agreementissue of LOA or within such period as may be extended by the Authority, TANGEDCO may, at its option, encash the Authority shall forfeit the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Mine Developer and Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Developer and Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

References to Performance Security. ‌ 9.3.1 References to Performance Security occurring in this Agreement for and in respect of any period prior to the delivery of the Performance Security by the Mine Developer and Operator to TANGEDCOthe Authority, or in respect of any period subsequent to the expiry or release thereof, as the case may be, shall be construed solely for the purposes of calculating the amount of Damages payable by the Mine Developer and Operator. 9.3.2 Until such time the Performance Security is provided by the Mine Developer and Operator pursuant to Clause 9.1.1 and the same comes into effect, the Bid Security shall remain in force and effect and TANGEDCO the Authority shall be entitled to appropriate the Bid Security for any amounts, including Damages, due and payable by the Mine Developer and Operator to TANGEDCO the Authority under this Agreement; provided that upon provision of the Performance Security pursuant to Clause 9.1.1, TANGEDCO the Authority shall release the Bid Security to the Mine Developer and Operator. Notwithstanding anything to the contrary contained in this Agreement, in the event the Performance Security is not provided by the Mine Developer and Operator within a period of 30 [90 (thirty) ninety)] days from the date of this Agreementissue of LOA or within the period as may be extended by the Authority, TANGEDCO may, at its option, encash the Authority shall forfeit the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Mine Developer and Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Developer and Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

References to Performance Security. 9.3.1 References to Performance Security occurring in this Agreement for and in respect of any period prior to the delivery of the Performance Security by the Mine Developer and Operator to TANGEDCOthe Authority, or in respect of any period subsequent to the expiry or release thereof, as the case may be, shall be construed solely for the purposes of calculating the amount of Damages payable by the Mine Developer and Operator. 9.3.2 Until such time the Performance Security is provided by the Mine Developer and Operator pursuant to Clause 9.1.1 and the same comes into effect, the Bid Security shall remain in force and effect and TANGEDCO the Authority shall be entitled to appropriate the Bid Security for any amounts, including Damages, due and payable by the Mine Developer and Operator to TANGEDCO the Authority under this Agreement; provided that upon provision of the Performance Security pursuant to Clause 9.1.1, TANGEDCO the Authority shall release the Bid Security to the Mine Developer and Operator. Notwithstanding anything to the contrary contained in this Agreement, in the event the Performance Security is not provided by the Mine Developer and Operator within a period of 30 90 (thirty) days ninety)days from the date of this Agreementissue of LOAor within such period as may be extended by the Authority, TANGEDCO may, at its option, encash the Authority shall forfeit the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Mine Developer and Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Developer and Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

References to Performance Security. ‌ 9.3.1 References to Performance Security occurring in this Agreement for and in respect of any period prior to the delivery of the Performance Security by the Mine Developer and Operator to TANGEDCOthe Authority, or in respect of any period subsequent to the expiry or release thereof, as the case may be, shall be construed solely for the purposes of calculating the amount of Damages payable by the Mine Developer and Operator. 9.3.2 Until such time the Performance Security is provided by the Mine Developer and Operator pursuant to Clause 9.1.1 and the same comes into effect, the Bid Security shall remain in force and effect and TANGEDCO the Authority shall be entitled to appropriate the Bid Security for any amounts, including Damages, due and payable by the Mine Developer and Operator to TANGEDCO the Authority under this Agreement; provided that upon provision of the Performance Security pursuant to Clause 9.1.1, TANGEDCO the Authority shall release the Bid Security to the Mine Developer and Operator. Notwithstanding anything to the contrary contained in this Agreement, in the event the Performance Security is not provided by the Mine Developer and Operator within a period of 30 90 (thirtyninety) days from the date of this Agreement, TANGEDCO the Authority may, at its option, encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Mine Developer and Operator under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Developer and Operator, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

References to Performance Security. 9.3.1 8.3.1 References to Performance Security occurring in this Agreement for and in respect of any period prior to the delivery of the Performance Security by the Mine Developer and Operator Agency to TANGEDCOCGM, or in respect of any period subsequent to the expiry or release thereof, as the case may be, shall be construed solely for the purposes of calculating the amount of Damages payable by the Mine Developer and OperatorAgency. 9.3.2 8.3.2 Until such time the Performance Security is provided by the Mine Developer and Operator Agency pursuant to Clause 9.1.1 8.1.1 and the same comes into effect, the Bid Security shall remain in force and effect and TANGEDCO CGM shall be entitled to appropriate the Bid Security for any amounts, including Damages, due and payable by the Mine Developer and Operator Agency to TANGEDCO CGM under this Agreement; provided that upon provision of the Performance Security pursuant to Clause 9.1.18.1.1, TANGEDCO CGM shall release the Bid Security to the Mine Developer and OperatorAgency within 01 (one) month of signing of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, in the event the Performance Security is not provided by the Mine Developer and Operator Agency within a period of 30 (thirty) days from the date of this Agreement, TANGEDCO CGM may, at its option, encash the Bid Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Mine Developer and Operator Agency under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Mine Developer and OperatorAgency, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.