Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

2315.3 TaxesThe payments to be made to the Supplier are, subject to this Sub-Clause 15.3,inclusive of all taxes, duties, levies, charges and the like payable in connection withthis Contract. All taxes on or calculated by reference to the Supplier's profits ordeemed profits shall be borne by the Supplier.Except where expressly stated to the contrary, any sum payable as consideration for asupply by the Supplier made under this Contract is exclusive of Service Tax, whichshall, if applicable, be payable by the Purchaser to the Supplier in addition on the laterof (i) seven (7) days after the issue of an appropriate Service Tax invoice and (ii) theday when payment of the relevant amount is due.15.4 SuspensionWithout prejudice to any rights or remedies that the Supplier may have under theContract or at law, if the Purchaser fails to pay any amount stated in any monthlyinvoice by the relevant final date for payment (and the Parties have not agreedotherwise) and it has not given to the Supplier an effective notice of intention towithhold payment, the Supplier shall be entitled upon giving the Purchaser seven (7)days notice, to suspend the performance of any of its obligations under this Contractuntil such time as the due amount is paid in full. In giving such notice the Suppliershall specify the ground or grounds on which it intends to suspend performance.16. TERMINATION16.1 Default of SupplierIf the Supplier:(a)(b)abandons or repudiates the Contract;without reasonable excuse fails:(i)to commence the Services promptly in accordance with Sub-Clause7.1; or(ii) to proceed with the Services in accordance with Clause 7;(c)(d)becomes bankrupt or insolvent, goes into liquidation, has a receiving oradministration order made against him, compounds with his creditors, orcarries on business under a receiver, trustee or manager for the benefit of hiscreditors, or if any act is done or event occurs which (under any applicablelaw) has a similar effect to any of these acts or events;if there is a material failure by the Supplier to perform any of its obligationshereunder (including without limitation operating the Facility in violation ofany Permit), unless the Supplier has cured such breach during the noticeperiod or has initiated and is pursuing diligently the cure of such breach andthereafter continues to pursue diligently such cure, provided that such cure iseffected within ninety (90) days' from the receipt of such notice by theSupplier (or such shorter period of time as may be necessary to avoid anyPPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007