Common use of Termination upon delay Clause in Contracts

Termination upon delay. Without prejudice to the provisions of Clause 4.2 and Article 9, in the event the CP Completion Date does not occur, for any reason whatsoever, on or before the timeline mentioned in Project Completion Schedule at Schedule G or the extended period for fulfillment of the Conditions Precedent provided in accordance with this Agreement, TANGEDCO in its discretion may terminate this Agreement. Provided that, in the event such delay in occurrence of the CP Completion Date is for reasons attributable to the Mine Developer and Operator, TANGEDCO shall, without prejudice to Clause 4.2, be entitled to appropriate the Performance Security as Damages thereof.