Common use of Condition Survey Clause in Contracts

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. (ai) The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) months six)33 Months prior to the expiry by efflux of time of the Concession Period, as the case may beit shall, it shall conduct or cause to be conducted under at its cost by an Expert appointed by the Concessioning Authority’s supervisionParties by mutual consent, 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 entire 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 such survey, the Concessioning Authority Expert 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 condition well before the Transfer Date. (c) . In the event the Concessionaire fails to comply with the provisions of this Agreementprovision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and the Project Facilities and Services to be conductedconducted and remove any defect or deficiency. The Concessioning Authority shall be compensated promptly reimbursed by the Concessionaire for any the costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. (ii) The Concessionaire shall as security for performance of its obligation in the preceding sub-article (i), provide/submit to the Concessioning Authority a guarantee issued by a scheduled bank in India for a sum of Rs [●]34 (Rupees ● Only) at least 2 (two) years prior to the expiry of the Concession Period. In the event of Concessionaire’s failure to provide such guarantee, the same shall be deemed to be a Concessionaire Event of Default and the Concessioning Authority shall accordingly be entitled to terminate 33 This period could vary depending on the Project/Concession so as to ensure adequate time for both the survey and restoration of assets.

Condition Survey. (a) The Concessionaire agrees Concessionaireagrees that on the service of a Termination Notice or at least 6 (six) months prior monthsprior to the expiry of the Concession Period, as the case may be, it shall conduct or cause to be conducted beconducted under the Concessioning Authority’s supervision, a condition survey of the Project Facilities and Services including Facilitiesand Servicesincluding the Project Site and/or the Port’s Assets to ascertain the condition thereofconditionthereof, verifying compliance with the Concessionaire’s obligations under this Agreement and to prepare toprepare an inventory of the assets comprised in the Project Facilities and Services. During this periodthisperiod, the designated key personnel of the thedesignatedkeypersonnel ofthe Concessioning Authority shall be associated with the operations theoperations of the Project Facilities and Services (except when the same is impossible due to a Force aForce Majeure Event) in order to facilitate smooth takeover of the same by the Concessioning Authority ConcessioningAuthority 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 theProject Siteand/orthe Port’s Assets and/or the Assetsand/orthe Project Facilities and Facilitiesand Services or any part thereof haveanypart thereofhave/has not been hasnotbeen operated and maintained in accordance with the requirements therefor under this underthis Agreement (normal wear and tear excepted) the Concessionaire shall, at its cost and expensesandexpenses, take all necessary steps to put the same in good working conditions well before the Transfer theTransfer 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 andthe 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 at least 6 (six) months Months prior to the expiry by efflux oftime of the Concession Period, as the case may beit shall, it shall conduct or cause to be conducted under at its cost by an Expert appointed by the Concessioning Authority’s supervisionParties by mutual consent, 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 entire 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 such survey, the Concessioning Authority Expert 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 condition well before the Transfer Date. (c) . In the event the Concessionaire fails to comply with the provisions of this Agreementprovision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and the Project Facilities and Services to be conductedconducted and remove any defect or deficiency. The Concessioning Authority shall be compensated promptly reimbursed by the Concessionaire for any the costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. For the performance of obligation in the preceding article by the Concessionaire, the Concessioning Authority shall entitled to invoke the Deemed Performance Guarantee after COD, which shall remain valid upto the expiry of the Concession Period. In the event of non-realization of the amounts to be encashed from the Deemed Performance Guarantee after COD due to unavailability of funds in the Escrow Account, the same will be treated as Concessionaire Event of Default and the Concessioning Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 12.

Condition Survey. (a) 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) 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 thereof 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) 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 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 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 PortTerminal’s Assets to ascertain the condition thereof, verifying compliance with the Concessionaire’s obligations under this Concession 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 PortTerminal’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 Concession 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 Concession Agreement, the Concessioning Authority may itself cause the condition survey and inventory of PortTerminal’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 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 EventMajeureEvent) in order to facilitate smooth takeover take over 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) 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) 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 thereof 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) 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. (ai) The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) months Months prior to the expiry by efflux of time of the Concession Period, as the case may beit shall, it shall conduct or cause to be conducted under at its cost by an Expert appointed by the Concessioning Authority’s supervisionParties by mutual consent, 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 entire 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 such survey, the Concessioning Authority Expert 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 condition well before the Transfer Date. (c) . In the event the Concessionaire fails to comply with the provisions of this Agreementprovision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and the Project Facilities and Services to be conductedconducted and remove any defect or deficiency. The Concessioning Authority shall be compensated promptly reimbursed by the Concessionaire for any the costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. (ii) The Concessionaire shall as security for performance of its obligation in the preceding sub-article (i), provide/submit to the Concessioning Authority a guarantee issued by a Nationalised bank in India for a sum of Rs. 9,60,00,000/- (Rupees Nine Crore and Sixty Lakh Only) at least 2 (two) years prior to the expiry of the Concession Period. In the event of Concessionaire’s failure to provide such guarantee, the same shall be deemed to be a Concessionaire Event of Default and the Concessioning Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 15.

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 thereof 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 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. Consequences of Termination Without prejudice to any other consequences or requirements under this agreement or under any law: the Concessionaire shall transfer all the assets and rights upon expiry of the Concession Period by efflux of time or termination of this Agreement due to a Force Majeure Event or on account of an Event of Default in accordance with Article 18; the Concessioning Authority shall be entitled to encash any subsisting bank guarantee(s) provided by the Concessionaire against any amounts owing to Concessioning Authority by the Concessionaire. Notwithstanding anything contained in this Agreement, except for ensuring the deposit of the compensation payable to the Concessionaire in accordance with Article 16 in the Escrow Account, the Concessioning Authority shall not, as a consequence of termination or otherwise, have any obligation whatsoever to any third party including but not limited to obligations as to compensation for loss of employment, continuance or regularization of employment, absorption or reemployment on any ground, in relation to any person in the employment of or engaged by the Concessionaire in connection with the Project, and the handback of the Project Site/Port Assets/Project Facilities & Services by the Concessionaire to the Concessioning Authority shall be free from any such obligation.

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. (ai) The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) months six)32 Months prior to the expiry by efflux of time of the Concession Period, as the case may beit shall, it shall conduct or cause to be conducted under at its cost by an Expert appointed by the Concessioning Authority’s supervisionParties by mutual consent, 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 entire 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 such survey, the Concessioning Authority Expert 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 condition well before the Transfer Date. (c) . In the event the Concessionaire fails to comply with the provisions of this Agreementprovision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and the Project Facilities and Services to be conductedconducted and remove any defect or deficiency. The Concessioning Authority shall be compensated promptly reimbursed by the Concessionaire for any the costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. (ii) The Concessionaire shall as security for performance of its obligation in the preceding sub-article (i), provide/submit to the Concessioning Authority a guarantee issued by a scheduled bank in India for a sum of Rs [●]33 (Rupees ● Only) 2 (two) years prior to the expiry of the Concession Period. In the event of Concessionaire’s failure to provide such guarantee, the same shall be deemed to be a Concessionaire Event of Default and the Concessioning Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 15 32 This period could vary depending on the Project/Concession so as to ensure adequate time for both the survey and restoration of assets.

Condition Survey. (a) The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) months Months prior to the expiry by efflux of time of the Concession Period, as the case may beit shall, it shall conduct or cause to be conducted under at its cost by an Expert appointed by the Concessioning Authority’s supervisionParties by mutual consent, 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 entire 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 such survey, the Concessioning Authority Expert 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 therefore under this Agreement (normal wear and tear exceptedaccepted) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in good working conditions condition well before the Transfer Date. (c) . In the event the Concessionaire fails to comply with the provisions of this Agreementprovision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and the Project Facilities and Services to be conductedconducted and remove any defect or deficiency. The Concessioning Authority shall be compensated promptly reimbursed by the Concessionaire for any the costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition.. Of the Concessioning Authority The Concessioning Authority shall, at the written request of the Concessionaire, but without guarantees and/or without assuming any responsibility in that behalf, issue recommendatory letters and make best efforts to assist the Concessionaire in obtaining all the Applicable Permits including renewals thereof. Provided that, nothing contained in this clause shall relieve the Concessionaire of its obligations under this Agreement to obtain the Applicable Permits and to keep them in force and effect throughout the Concession Period. General rights of inspection and verification The Concessioning Authority may during the pendency of this Agreement itself or by appointment of Experts verify the performance of obligations of the Concessionaire as set out in this Agreement. Of the Concessioning Authority and the Concessionaire

Condition Survey. (ai) The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) months six)3 Months prior to the expiry by efflux of time of the Concession Period, as the case may beit shall, it shall conduct or cause to be conducted under at its cost by an Expert appointed by the Concessioning Authority’s supervisionParties by mutual consent, 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 entire 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 such survey, the Concessioning Authority Expert 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 condition well before the Transfer Date. (c) . In the event the Concessionaire fails to comply with the provisions of this Agreementprovision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and the Project Facilities and Services to be conductedconducted and remove any defect or deficiency. The Concessioning Authority shall be compensated promptly reimbursed by the Concessionaire for any the costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. (ii) The Concessionaire shall as security for performance of its obligation in the preceding sub-article (i), provide/submit to the Concessioning Authority a guarantee issued by a scheduled bank in India for a sum of Rs 11.68 Crores (Rupees Eleven Crores Sixty Eight Lakhs Only) at least 2 (two) years prior to the expiry of the Concession Period. In the event of Concessionaire’s failure to provide such guarantee, the same shall be deemed to be a Concessionaire Event of Default and the Concessioning Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 15.

Condition Survey. (a) The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) six months prior to the expiry of the Concession PeriodPeriod 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 Expert Committee 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.Project (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 therefore under this Agreement (normal wear and tear excepted) or are not in a condition fit to be taken back, the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in good working and fit conditions well before the Transfer Date, in order that the same can be taken by the Concessioning Authority. (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 Project 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 the Project Assets in good working condition.

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 AgreementAgreement / carry out the conditional survey and / or inventory and / or fails to take necessary steps to put the Project Site and / or Project Facilities and Services in good working condition, the Concessioning Authority may itself cause to be conducted the condition survey and inventory of Port’s Assets and the Project Facilities and Services to be conductedconducted and / or put the Project Facilities and services in good working condition. 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. (ai) The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) months six)8 Months prior to the expiry by efflux of time of the Concession Period, as the case may beit shall, it shall conduct or cause to be conducted under at its cost by an Expert appointed by the Concessioning Authority’s supervisionParties by mutual consent, 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 entire 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 such survey, the Concessioning Authority Expert 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 condition well before the Transfer Date. (c) . In the event the Concessionaire fails to comply with the provisions of this Agreementprovision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and the Project Facilities and Services to be conductedconducted and remove any defect or deficiency. The Concessioning Authority shall be compensated promptly reimbursed by the Concessionaire for any the costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. (ii) The Concessionaire shall as security for performance of its obligation in the preceding sub- article (i) , provide/submit to the Concessioning Authority a guarantee issued by a scheduled bank in India for a sum of Rs.3,25,00,000/- (Rupees Three Crore Twenty Five Lakh only) 2 (two) years prior to the expiry of the Concession Period. In the event of Concessionaire’s failure to provide such guarantee, the same shall be deemed to be a Concessionaire Event of Default and the Concessioning Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 15 a) Assistance in obtaining Approvals, Permits and Licenses

Condition Survey. (a) 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 take over of the same by the Concessioning Authority on the Transfer Date. (b) 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) 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. (ai) The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) months Months prior to the expiry by efflux of time of the Concession Period, as the case may beit shall, it shall conduct or cause to be conducted under at its cost by an Expert appointed by the Concessioning Authority’s supervisionParties by mutual consent, 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 entire 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 such survey, the Concessioning Authority Expert 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 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 condition well before the Transfer Date. (c) . In the event the Concessionaire fails to comply with the provisions of this Agreementprovision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and the Project Facilities and Services to be conductedconducted and remove any defect or deficiency. The Concessioning Authority shall be compensated promptly reimbursed by the Concessionaire for any the costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. (ii) The Concessionaire shall as security for performance of its obligation in the preceding sub-article (i), provide/submit to the Concessioning Authority a guarantee issued by a scheduled bank in India for a sum of Rs. 1,36,88,000/ One Crore and Thirty Six Lakhs and Eighty Eight Thousand Only at least 2 (two) years prior to the expiry of the Concession Period. In the event of Concessionaire’s failure to provide such guarantee, the same shall be deemed to be a Concessionaire Event of Default and the Concessioning Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 15.

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 take over 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 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. (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.