Condition Survey Sample Clauses

Condition Survey. (a) The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) months prior to the expiry of the Concession Period, as the case may be, it shall conduct or cause to be conducted under the Concessioning Authority’s supervision, a condition survey of the Project Facilities and Services including the Project Site and/or the Port’s Assets to ascertain the condition thereof, verifying compliance with the Concessionaire’s obligations under this Agreement and to prepare an inventory of the assets comprised in the Project Facilities and Services. During this period, the designated key personnel of the Concessioning Authority shall be associated with the operations of the Project Facilities and Services (except when the same is impossible due to a Force Majeure Event) in order to facilitate smooth takeover of the same by the Concessioning Authority on the Transfer Date. (b) If, as a result of the condition survey, the Concessioning Authority shall observe/notice that the Project Site and/or the Port’s Assets and/or the Project Facilities and Services or any part thereof have/has not been operated and maintained in accordance with the requirements therefor under this Agreement (normal wear and tear excepted) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in good working conditions well before the Transfer Date. (c) In the event the Concessionaire fails to comply with the provisions of this Agreement, the Concessioning Authority may itself cause the condition survey and inventory of Port’s Assets and the Project Facilities and Services to be conducted. The Concessioning Authority shall be compensated by the Concessionaire for any costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in good working condition.

Condition Survey. (a) The Concessionaire agrees that on the service of a Termination Notice or 180 (one hundred and eighty) days prior to the expiry of the Term by efflux of time, it shall conduct or cause to be conducted by the PMU/ Authority, a survey (“Condition Survey”) and inspection of the Project to ascertain the condition thereof, verify compliance with the Concessionaire’s obligations under this Agreement and to prepare an inventory of the assets comprised in the Project; (b) If, as a result of the Condition Survey, the Authority on behalf of itself and/ or PLBs shall observe/notice that the Project or any part thereof is not in the condition required thereof under this Agreement (except n o r m a l wear and tear) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in the requisite conditions well before the Termination Date. (c) In the event the Concessionaire fails to comply with the provisions of this Agreement, the PLBs in their respective jurisdictions may itself cause the Condition Survey and inventory of Project to be conducted. The PLBs shall be compensated by the Concessionaire for any costs incurred in conducting such survey and preparation of inventory as also in putting the Project in the requisite condition. In event, the Concessionaire fails to pay the cost incurred the PLBs through the Authority shall be entitled to recover the amount from its invoices and/ or the Performance Security.

Condition Survey i) The Developer agrees that on the service of a Termination Notice, it shall conduct or cause to be conducted under the supervision of an Registered Valuer (Expert) to be appointed by NRDA, a condition survey of the project including the NRDA's Assets to ascertain the condition thereof, verifying compliance with the Developer's obligations under this Agreement and to prepare an inventory of the assets comprised in the Project. ii) In the event the Developer fails to comply with the provisions of this Agreement, the NRDA may itself cause the condition survey and inventory of NRDA's Assets and the Project to be conducted through the Expert. The NRDA shall be compensated by the Developer for any costs incurred in conduction such survey and preparation of inventory as also in putting the Project in good working condition iii) If, as a result of the condition survey, the Expert shall observe/notice that the NRDA's Assets and/or the Project or any part thereof have/has not been constructed as reported by the Developer, the Developer shall, at its cost and expenses, shall construct the work as reported to be done.

Condition Survey i. The Concessionaireagreesthat at least 6 (six)Monthsprior to theexpiry by efflux of timeof the Concession Period, it shall, cause to be conducted at its cost by an Independent Engineer, acondition survey and an inventory of the entire Project Facilities and Services. If, as a result ofsuch survey, the Expert shall observe/notice that the Port’s Assets and/or the Project Facilitiesand Services or any part thereof have/has not been operated and maintained in accordance withthe requirements therefor under this Agreement (normal wear and tear excepted) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in goodworking condition well before the Transfer Date. In the event the Concessionaire fails to complywith this provision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and Project Facilities and Services to be conducted and removeany defect or deficiency. The Concessioning Authority shall be promptly reimbursed by theConcessionaire for the costs incurred in conducting such survey and preparation of inventory asalso in putting the Project Facilities and Services in a good working condition. ii. Deleted

Condition Survey. (a) The Concessionaire agrees that Six Months prior to the expiry of the Concession Period by efflux of time or on the service of a Termination Notice, as the case may be, it shall conduct or cause to be conducted by the mutually accepted third party Expert under the Authority’s supervision, a condition survey of the Project and the Project Assets to ascertain the condition thereof, verifying compliance with the Concessionaire’s obligations under this Agreement and to prepare an inventory of the assets comprised in the Project (b) If, as a result of the condition survey, the Authority shall observe/notice that the Project Assets and/or the Project or any part thereof have/has not been operated and maintained in accordance with the requirements therefore under this Agreement (normal wear and tear excepted) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in good working conditions in light of the life of the relevant Project Facility well before the Transfer Date. (c) In the event the Concessionaire fails to comply with the provisions of sub clause (a) and (b) above, the Authority may itself cause the condition survey and inventory of Project Assets and the Project to be conducted. The Authority shall be compensated by the Concessionaire for any costs incurred in conducting such survey and preparation of inventory as also in putting the Project and the Project Assets in good working condition.

Condition Survey. (a) The Concessionaire agrees that six months prior to the expiry of the Concession Period by efflux of time or on the service of a Termination Notice, as the case may be, it shall conduct or cause to be conducted by the mutually accepted third party Expert under the Authority’s supervision, a condition survey of the Project and the Project Assets to ascertain the condition thereof, verifying compliance with the Concessionaire’s obligations under this Agreement and to prepare an inventory of the assets comprised in the Project (b) If, as a result of the condition survey, the Authority shall observe/notice that the Project Assets and/or the Project or any part thereof have/has not been operated and maintained in accordance with the requirements therefore under this Agreement (normal wear and tear excepted) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in good working conditions in light of the life of the relevant Project Facility well before the Transfer Date. (c) In the event the Concessionaire fails to comply with the provisions of sub clause (a) and

Condition Survey. (a) The Operator agrees that at least 6 (six) Months prior to expiry by efflux of time of the Contract Period, it shall, cause to be conducted at its cost by an industry Expert appointed by Parties by mutual consent, a condition survey and an inventory of entire Project Facilities and Services. If, as a result of such survey, the industry Expert shall observe that the Terminal Assets and/or Project Facilities and Services or any part thereof have/has not been operated and maintained in accordance with requirements therefor under this Agreement (normal wear and tear excepted) the Operator shall, at its cost and expenses, take all necessary steps to put the same in good working condition well before the Transfer Date. In the event the Operator fails to comply with this provision, the Contracting Authority may itself cause the condition survey and inventory of the Terminal Assets and Project Facilities and Services to be conducted and remove any defect or deficiency. The Contracting Authority shall be promptly reimbursed by the Operator for costs incurred in conducting such survey and preparation of inventory as also in putting Project Facilities and Services in a good working condition. (b) The Operator shall as security for performance of its obligation in preceding sub- Article (a), submit to the Contracting Authority a guarantee issued by a scheduled bank in India for a sum of contract period for 6 (six) months from the expiry of the Contract Period. In the event of Operator’s failure to provide such guarantee, the same shall be deemed to be an Operator Event of Default and the Contracting Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 15. This shall be over and above the Performance Guarantee submitted in accordance with Article 4.

Condition Survey i. The Concessionaire agrees that on the service of a Termination Notice or 6 (six) months prior to the expiry of the Concession Period by efflux of time, it shall conduct or cause to be conducted by an Expert under Concessioning Authority’s supervision, a condition survey of the Project, Project Facilities and the Project Assets to ascertain the condition thereof, verifying compliance with the Concessionaire’s obligations under this Agreement and to prepare an inventory of the assets comprised in the Project. ii. If, as a result of the condition survey, the Concessioning Authority shall observe/notice that the Project or Project Facilities or the Project Assets or any part thereof has/have not been operated and maintained in accordance with the requirements therefore under this Agreement (normal wear and tear excepted) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in good working conditions well before the Transfer Date. iii. In the event the Concessionaire fails to comply with the provisions of this Clause (1) of Article 12, the Concessioning Authority may itself cause the condition survey and inventory of the Project, Project Facilities and the Project Assets to be conducted. The Concessioning Authority shall be compensated by the Concessionaire for any costs incurred in conducting such survey and preparation of inventory as also in putting the Project, Project Facilities and the Project Assets in good working condition.

Condition Survey. (a) The Authorisee agrees that six months prior to the expiry of the Authorisation Period by efflux of time or on the service of a Termination Notice, as the case may be, it shall conduct or cause to be conducted by the mutually accepted Third Party Expert under the Grantor‟s supervision, a condition survey of the Project and the Project Assets to ascertain the condition thereof, verifying compliance with the Authorisee obligations under this Agreement and to prepare an inventory of the assets comprised in the Project. (b) If, as a result of the condition survey, the Grantor shall observe/notice that the Project Assets and/or the Project or any part thereof have/has not been operated and maintained in accordance with the requirements therefore under this Agreement (normal wear and tear excepted) the Authorisee shall, at its cost and expenses, take all necessary steps to put the same in good working conditions well before the Transfer Date. (c) In the event the Authorisee fails to comply with the provisions of this Agreement, the Grantor may itself cause the condition survey and inventory of Project Assets and the Project to be conducted. The Grantor shall be compensated by the Authorisee for any costs incurred in conducting such survey and preparation of inventory as also in putting the Project and the Project Assets in good working condition.