Common use of Condition Survey Clause in Contracts

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.

Appears in 8 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

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 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.

Appears in 4 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

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 c o s t s i n c u r r e d in conducting such survey and preparation of inventory as also in putting the Project in the requisite conditionc o n d i t i o n . 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.

Appears in 1 contract

Sources: Concession Agreement

Condition Survey. (a) a. The Concessionaire agrees that on the service of a Termination Notice or 180 (one hundred and Hundred & eighty) days prior to the expiry of the Term Concession Period by efflux of time, it shall conduct or cause to be conducted by the PMU/ Project Engineer under the supervision of the Concessioning Authority, a survey (“Condition Survey”) and inspection of the Project Facilities 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) b. If, as a result of the Condition Surveycondition survey, the Concessioning Authority on behalf of itself and/ or PLBs shall observe/notice that the Project Facilities or any part thereof is not in the condition required thereof under this Agreement (except n o r m a l normal 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) c. In the event the Concessionaire fails to comply with the provisions of this Agreement, the PLBs in their respective jurisdictions Concessioning Authority may itself cause the Condition Survey condition survey and inventory of Project Facilities to be conducted. The PLBs 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 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.

Appears in 1 contract

Sources: Concession Agreement