8.2.3 83 and prepare a memorandum containing an inventory of the vacant and unencumbered land, buildings. structures, road works, trees and any other immovable property on or attached to Une Site so handed over Signing of the memorandum, in nwo counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall be deemed to constitute a valid evidence of giving the relevant Right of Way to the Contractor ‘The Authority shall provide the Right of Way to the Contractor in respect of all land included in the Appendix by the date specified in Schedule-A for those parts of the Site referred to therein, of no later than 90 (ninety) days of the Appuinted Date for thase parts af the Site which have not been specified in Schedule- ‘A, and in the event of delay for any 1eason other than Force Majeure or breach of this Agreement by the Contractor, it shall pay to the Contracwur, Damages in a sum calculated in accordance with Clause 8.3. Nowwithstanding anything to the contrary contained in this Clause 8.2, the Authority shall specify the parts of the Site, if any, for which Right of Way shall be provided to the Contractor on the dates specified in’ Schedule-A, Such parts slrall also be included in the Appendix prepared in pursuance of Clause 8.2.1. For the avoidance of doubl, the Purlies expressly agree that the Appendix shall in no event contain sections of the Project Highway the cumulative length of which exceeds 10% (ten per cent) of the toral length of the Project Highway. Damages for delay in handing over the Site 8.3.1 In the event the Right of Way to any part of the Site is not provided hy the Authority on or before the date(s) specified in Clause 8.2 for any reason olher than Force Majeure or breach of this Agreement by the Contractor, the Authority shall pay Damages to the Contractor in a sum calculated in accordance with the following formula for and in respect of those parts of the Site to which the Right of Way has not been provided: Amount of Damages in Rs. per day per metre = U.09 x Cx VL x UNae 38 Where C ~ the Contraet Price; L ~ length of the Project Highway in metres; and N Completion period in days (Appointed Date to Scheduled Completion Date) In the eyent that any Damages are due and payable to the Contractor under the provisions of this Clanse 83.1 for delay in providing the Right of Way, the Contractor shall, subject to the provisions of Clause 10.5, be entitled to Time Extension equal to the period for which the Damages have become due and payable under this Clause 8.3.1, save and except that: (a) if any delays involve time overlaps, the overlaps shall not be additive; and (b) such Time Extension shall be restricted only to the Works which ure affected by the delay in providing the Right of Way. For the avoidance of doubt, the Parties expressly agree that the Damages specified hereunder and the ‘Time Extension specified in Clause 10.5 shall be restricted only to failure of the Authority to provide the Right of Way for and in respect of the width of the toadway, its embankment and a parallel working strip at least 3 (three) metres wide 83.2 Notwithstanding anything 10 the cemtrary contained in this ‘Agreement, the Contractor expressly agrees that Works on all parts of the Site for which Right of Way is granted within 90 (ninely) days of the Appointed Date, or with respect to the parts of the Site provided in Schedule-A, no later than the date(s) specified therein, as the case may be, shall be completed before theScheduled Completion Date and shall not qualify for any ‘Time Extension under the provisions of Clause 8.3.1. Notwithstanding anything to the contrary contained in this Agreement, the Authority may at any time withdraw any Works forming part of this Agreement, snhject to such Works not exceeding an aggregate value, such value to be determined in834 84 wine 34 accordance with Schedule-H. equal tn Wien) percent of the Contract Price. Provided that if any Works cannot be undertaken within the municipal limits of a town or within any urea falling in a reserved forest or wildlife sanctuary, as the ease may be, because the requisite clearances ot approvals for commencing constmetion of Works therein have not been given within 240 (wo hundred and forty) days of the Appointed date, the affected Works shall-be deemed to be withdrawn under the provisions of this Clause 8.3.3 unless the Partics agree to the contrary, and such Works shall not be computed for the purposes of the aforesaid ceiling of 10% (ten per cent) hereunder, In the event of withdrawal of Works under Clause 8.3.3, the Contract Price shall be reduced by an amount equal to 9 (ninety) per cent of the value of the Works withdrawn and the Contractor shall not be entitled to any other compensation or Damages for the withdrawal of Works. 7 Provided that if any Works are withdrawn after commencement of the Construction of such works, the Authority shall pay to the Contractor 110% (one hundred and ten per cent) of the fair value of the work done, as assessed by the Authority's Engineer: Site to be free from Eucumbrances Subject to the provisions of Clause 8.2, the Site shall be made available by the Authority to the Contractor pursuant hereto free fiom all Encumbrances and occupations and without — the Contractor being required to. make any payment to the Authority ‘on accmunt of any costs, compensation, expenses and charges for the acquisition and nse of such Site for the duration of the Project Completion Schedule, For the avoidance of doubt, it is agreed that the existing rights of way, easements, privileges, liberties and appurtenances to the Site shall not be deemed to be Encumbrances. It is finrther agreed that, unless otherwise specified in this ‘Agreement, the Contractor accepts and undertakes to bear any and risks arising out of the inadequacy or physical condition of the Site.