TNAG-1515-FCO40-2076-Bridges-and-tunnels-in-Hong-Kong-1986 — Page 61

12.

Notwithstanding the other provisions of this Deed, NHKTC shall not be obliged to carry out any works whether of

making good or maintenance or otherwise which MTRC are obliged to execute under the Rail Operating Agreement.

13.

Subject always to the performance by EHCC of its obligations under Clause 16 hereof, NHKTC shall duly and properly carry out is obligations under and in relation to

the Contract.

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14.1 In the event that NHKTC fails to procure the completion of

the Railway Works by the Date for Completion NHKTC shall

pay to EHCC for each day between

(a)

the later of the Date for Completion and the date of

the issue of the Engineer of a Certificate of Completion in respect of the Road Construction Works

and

(b)

the issue by the Engineer of a Certificate of Completion in respect of the Railway Works

damages at the rate of HK$270,000 per day.

14.2

to recover

from

In the event that Kumagai Gumi has a liability to NHKTC in respect of any delay in completion of the Railway Works but

for any reason NHKTC is not entitled Kumagai Gumi under the Contract in respect of such delay the liquidated damages therein provided for, NHKTC shall be liable to EHCC for such sums as represent EHCC's losses

arising from such delay.

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