Common use of Upon Termination under Clause Clause in Contracts

Upon Termination under Clause. 13.2.1, the Government shall be entitled to encash the Bid Security and appropriate the proceeds as Damages; provided, however, if COD has not occurred solely as a result of the Government being in default of any of its obligations under Clause 4.1.2, it shall, upon Termination, return the Bid Security forthwith along with Damages equal to 25% (twenty five per cent) thereof. For the avoidance of doubt, it is expressly agreed that if the Bid Security shall have been substituted by Performance Security, the Government shall be entitled to encash there from an amount equal to the Bid Security. 14.1 Change of Scope

Upon Termination under Clause. 13.2.1, the Government shall be entitled to encash the Bid Security and appropriate the proceeds as Damages; provided, however, if COD has not occurred solely as a result of the Government being in default of any of its obligations under Clause 4.1.2, it shall, upon Termination, return the Bid Security forthwith along with Damages equal to 25% (twenty five per cent) thereof. For the avoidance of doubt, it is expressly agreed that if the Bid Security shall have been substituted by Performance Security, the Government shall be entitled to encash there from an amount equal to the Bid Security. 14.1 Change of Scope