Termination due to delay. 15.2.1 Notwithstanding anything to the contrary contained in this Agreement, in the event that COD does not occur, for any reason whatsoever, within a period of 180 (one hundred and eighty) days from the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessioning Authority may terminate the Concession Agreement. 15.2.2 Upon Termination, the Authority shall be entitled to encash the subsisting Performance Security and appropriate the proceeds as Damages; provided, however, if COD has not occurred solely as a result of the Authority being in default of any of its obligations under ARTICLE 6, it shall, upon Termination, return the subsisting Performance Security.
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Sources: Concession Agreement, Concession Agreement