Construction of Project. 10.2.1. On receipt of the Letter of Commencement from the Authority and on and after the Commencement Date, the Concessionaire shall commence Construction Work for the Silo Complex as per the Construction Plan and in conformity with the Standards and Specifications and the Applicable Permits procured. 10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Drawings along with a construction plan specifying its construction methodology, procurement, engineering and construction plan, construction time schedule and quality assurance procedures (together “Construction Plan”) complying with the Standards and Specifications, capacities as per Schedule B and all Applicable Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on the issues raised, including making suitable modification in its Construction Plan as required. 10.2.3. The Concessionaire shall complete the Construction Works including the rail siding within the period between the Commencement Date and the Scheduled Commercial Operation Date. 10.2.4. The Concessionaire shall ensure that, by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following: (i) at least 33 % (thirty percent) by value of Total Project Cost has been expended; (ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed; (iii) 90% of boundary wall has been completed; and (iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the end of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire. 10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications. 10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the Construction Work of the Silo Complex. 10.2.7. The design, installation and construction of the Silo Complex shall be in compliance with the applicable regulations and Good Industry Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and safety. The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and approvals, as required, from respective Government Instrumentalities on these aspects. 10.2.8. The Concessionaire shall construct the Broad Gauge rail siding as per and in conformation with the specifications of Indian Railways or any other relevant authority. The Concessionaire shall be solely responsible for compliance of such requirements. On completion of the construction of rail siding, the Concessionaire shall procure approval from the Indian Railways authority for commencement of operation on the rail siding. 10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project site. 10.2.10. The Authority and IE&A shall have the right, but not the obligation, to review the submissions related to the Construction Plan and other aspects related to the Construction Work of the Silo Complex and provide comments, if any. The Authority and the IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of submission by the Concessionaire so as not to adversely impact the project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever.
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
Construction of Project. 10.2.1. 11.4.1 On receipt of the Letter of Commencement from the Authority and on and or after the Commencement Appointed Date, the Concessionaire shall commence Construction Work for the Silo Complex as per undertake the Construction Plan and Works in conformity with the Standards and Specifications and Standards set forth in Schedule-D and Good Industry Practice and shall complete the Applicable Permits procured.
10.2.2. Within same within [30 ●] days from the Appointed Date (thirty“Schedule Completion Date”) days] of receipt of Letter of Commencement, and the Concessionaire shall submit the Designs agrees and Drawings along with a construction plan specifying its construction methodology, procurement, engineering and construction plan, construction time schedule and quality assurance procedures (together “Construction Plan”) complying with the Standards and Specifications, capacities as per Schedule B and all Applicable Permits procured by it for carrying out undertakes that the Construction Works related to shall be completed on or before the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on the issues raised, including making suitable modification in its Construction Plan as required.
10.2.3Scheduled Completion Date. The Concessionaire shall complete construct, install and establish the Construction Works Project Facilities, including the rail siding within the period between the Commencement Date basic and the Scheduled Commercial Operation Date.
10.2.4. The Concessionaire shall ensure that, by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following:
(i) at least 33 % (thirty percent) by value of Total Project Cost has been expended;
(ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed;
(iii) 90% of boundary wall has been completed; and
(iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the end of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire.
10.2.5. The detailed design, procurement completion, testing and construction of the Silo Complex undertaken by the Concessionaire shall be commissioning in complete compliance accordance with the Standards and provisions of this Agreement, including the Project Completion Schedule, the Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications.
10.2.6. The Concessionaire shall undertake all necessary measures for the project implementationStandards, Applicable Laws including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the Construction Work of the Silo Complex.
10.2.7. The design, installation and construction of the Silo Complex shall be in compliance with the applicable regulations architectural controls, building byelaws and zoning requirements, terms of Clearances and Good Industry PracticePractice and after obtaining sanction to the building plans etc. with the design plans and specifications from the proper municipal or other Authority, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and safety. The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and approvals, as required, from respective Government Instrumentalities on these aspectsat its own expenses.
10.2.8. 11.4.2 The Concessionaire shall construct the Broad Gauge rail siding as per and Project in conformation accordance with the specifications Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of Indian Railways 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority; it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that if any other relevant authority. The Concessionaire or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be solely responsible for compliance deemed to be modified accordingly and the provisions of such requirements. On completion of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the construction of rail sidingevent Project Completion Date is achieved on or before the Scheduled Completion Date, the Concessionaire Damages paid under this Clause 11.4.2 shall procure approval be refunded by the Authority to the Concessionaire, but without any interest thereon, [within [●] days from the Indian Railways authority for commencement Schedule Completion Date]. For the avoidance of operation on the rail siding.
10.2.9. The Concessionaire shall take all safety measures required doubt, it is agreed that recovery of Damages under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project site.
10.2.10. The Authority and IE&A shall have the right, but not the obligation, to review the submissions related to the Construction Plan and other aspects related to the Construction Work of the Silo Complex and provide comments, if any. The Authority and the IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of submission by the Concessionaire so as not to adversely impact the project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever.this Clause
Appears in 2 contracts
Sources: Public Private Partnership Agreement, Public Private Partnership Agreement
Construction of Project. 10.2.1. On receipt of the Letter of Commencement from the Authority and on and after the Commencement Date, the Concessionaire shall commence Construction Work for the Silo Complex as per the Construction Plan and in conformity with the Standards and Specifications and the Applicable Permits procured.
10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Drawings along with a construction plan specifying its construction methodology, procurement, engineering and construction plan, construction time schedule and quality assurance procedures (together “Construction Plan”) complying with the Standards and Specifications, capacities as per Schedule B and all Applicable Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on the issues raised, including making suitable modification in its Construction Plan as required.
10.2.3. The Concessionaire shall complete the Construction Works including the rail siding within the period between the Commencement Date and the Scheduled Commercial Operation Date.
10.2.4. The Concessionaire shall ensure that, by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following:
(i) at least 33 % (thirty percent) by value of Total Project Cost has been expended;
(ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed;
(iii) 90% of boundary wall has been completed; and
(iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the end of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s Concessionaire’s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire.
10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications.
10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the Construction Work of the Silo Complex.
10.2.7. The design, installation and construction of the Silo Complex shall be in compliance with the applicable regulations and Good Industry Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and safety. The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and approvals, as required, from respective Government Instrumentalities on these aspects.
10.2.8. The Concessionaire shall construct the Broad Gauge rail siding as per and in conformation with the specifications of Indian Railways or any other relevant authority. The Concessionaire shall be solely responsible for compliance of such requirements. On completion of the construction of rail siding, the Concessionaire shall procure approval from the Indian Railways authority for commencement of operation on the rail siding.
10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project site.
10.2.10. The Authority and IE&A shall have the right, but not the obligation, to review the submissions related to the Construction Plan and other aspects related to the Construction Work of the Silo Complex and provide comments, if any. The Authority and the IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of submission by the Concessionaire so as not to adversely impact the project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever.
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
Construction of Project. 10.2.1. 11.4.1 On receipt of the Letter of Commencement from the Authority and on and or after the Commencement Appointed Date, the Concessionaire shall commence Construction Work for the Silo Complex as per undertake the Construction Plan and Works in conformity with the Standards and Specifications and Standards set forth in Schedule-D and Good Industry Practice and shall complete the Applicable Permits procured.
10.2.2. Within same within [30 ] days from the Appointed Date (thirty“Schedule Completion Date”) days] of receipt of Letter of Commencement, and the Concessionaire shall submit the Designs agrees and Drawings along with a construction plan specifying its construction methodology, procurement, engineering and construction plan, construction time schedule and quality assurance procedures (together “Construction Plan”) complying with the Standards and Specifications, capacities as per Schedule B and all Applicable Permits procured by it for carrying out undertakes that the Construction Works related to shall be completed on or before the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on the issues raised, including making suitable modification in its Construction Plan as required.
10.2.3Scheduled Completion Date. The Concessionaire shall complete construct, install and establish the Construction Works Project Facilities, including the rail siding within the period between the Commencement Date basic and the Scheduled Commercial Operation Date.
10.2.4. The Concessionaire shall ensure that, by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following:
(i) at least 33 % (thirty percent) by value of Total Project Cost has been expended;
(ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed;
(iii) 90% of boundary wall has been completed; and
(iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the end of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire.
10.2.5. The detailed design, procurement completion, testing and construction of the Silo Complex undertaken by the Concessionaire shall be commissioning in complete compliance accordance with the Standards and provisions of this Agreement, including the Project Completion Schedule, the Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications.
10.2.6. The Concessionaire shall undertake all necessary measures for the project implementationStandards, Applicable Laws including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the Construction Work of the Silo Complex.
10.2.7. The design, installation and construction of the Silo Complex shall be in compliance with the applicable regulations architectural controls, building byelaws and zoning requirements, terms of Clearances and Good Industry PracticePractice and after obtaining sanction to the building plans etc. with the design plans and specifications from the proper municipal or other Authority, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and safety. The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and approvals, as required, from respective Government Instrumentalities on these aspectsat its own expenses.
10.2.8. 11.4.2 The Concessionaire shall construct the Broad Gauge rail siding as per and Project in conformation accordance with the specifications Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of Indian Railways 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority; it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that if any other relevant authority. The Concessionaire or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be solely responsible for compliance deemed to be modified accordingly and the provisions of such requirements. On completion of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the construction of rail sidingevent Project Completion Date is achieved on or before the Scheduled Completion Date, the Concessionaire Damages paid under this Clause 11.4.2 shall procure approval be refunded by the Authority to the Concessionaire, but without any interest thereon, [within [] days from the Indian Railways authority for commencement Schedule Completion Date]. For the avoidance of operation on the rail siding.
10.2.9. The Concessionaire shall take all safety measures required doubt, it is agreed that recovery of Damages under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project site.
10.2.10. The Authority and IE&A shall have the right, but not the obligation, to review the submissions related to the Construction Plan and other aspects related to the Construction Work of the Silo Complex and provide comments, if any. The Authority and the IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of submission by the Concessionaire so as not to adversely impact the project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever.this Clause
Appears in 1 contract
Sources: Public Private Partnership Agreement
Construction of Project. 10.2.1. 11.4.1 On receipt of the Letter of Commencement from the Authority and on and or after the Commencement Appointed Date, the Concessionaire shall commence Construction Work for the Silo Complex as per undertake the Construction Plan and Works in conformity with the Standards and Specifications and Standards set forth in Schedule-D and Good Industry Practice and shall complete the Applicable Permits procured.
10.2.2. Within [30 same within two years from the Appointed Date (thirty“Medical College Scheduled Completion Date”) days] of receipt of Letter of Commencement, and the Concessionaire shall submit the Designs agrees and Drawings along with a construction plan specifying its construction methodology, procurement, engineering and construction plan, construction time schedule and quality assurance procedures (together “Construction Plan”) complying with the Standards and Specifications, capacities as per Schedule B and all Applicable Permits procured by it for carrying out undertakes that the Construction Works related to shall be completed on or before the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on the issues raised, including making suitable modification in its Construction Plan as required.
10.2.3Medical College Scheduled Completion Date. The Concessionaire shall complete construct, install and establish the Construction Works Project Facilities, including the rail siding within basic and detailed design, completion, testing and commissioning in accordance with the period between provisions of this Agreement, including the Commencement Date Project Completion Schedule, the Specifications and Standards, Applicable Laws including the Scheduled Commercial Operation Dateapplicable architectural controls, building byelaws and zoning requirements, Good Industry Practice and MCI Regulations and after obtaining sanction to the building plans etc. with the design plans and specifications from the proper municipal or other authority, at its own expenses.
10.2.4. The Concessionaire shall ensure that, by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following:
(i) at least 33 % (thirty percent) by value of Total Project Cost has been expended;
(ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed;
(iii) 90% of boundary wall has been completed; and
(iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the end of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire.
10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications.
10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the Construction Work of the Silo Complex.
10.2.7. The design, installation and construction of the Silo Complex shall be in compliance with the applicable regulations and Good Industry Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and safety. The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and approvals, as required, from respective Government Instrumentalities on these aspects.
10.2.8. 11.4.2 The Concessionaire shall construct the Broad Gauge rail siding as per and Project in conformation accordance with the specifications Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of Indian Railways 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority; it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Project Milestone is achieved; provided that if any other relevant authority. The Concessionaire or all Project Milestones or the Medical College Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be solely responsible for compliance deemed to be modified accordingly and the provisions of such requirementsthis Agreement shall apply as if Schedule-G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Medical College Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon, [within [90] days from the Medical College Scheduled Completion Date]. On completion For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 11.4.2 shall be without prejudice to the rights of the construction Authority under this Agreement, including the right of rail sidingTermination thereof.
11.4.3 In the event that Construction Works is not completed within [270 (two hundred and seventy)] days from the Medical College Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall procure approval from the Indian Railways authority for commencement of operation on the rail siding.
10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire Authority shall be solely responsible for maintaining safety at the Project siteentitled to terminate this Agreement.
10.2.10. The Authority and IE&A shall have the right, but not the obligation, to review the submissions related to the Construction Plan and other aspects related to the Construction Work of the Silo Complex and provide comments, if any. The Authority and the IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of submission by the Concessionaire so as not to adversely impact the project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever.
Appears in 1 contract
Sources: Concession Agreement
Construction of Project. 10.2.1. On receipt of the Letter of Commencement from the Authority and on and after the Commencement Date, the Concessionaire shall commence Construction Work for the Silo Complex as per the Construction Plan and in conformity with the Standards and Specifications and the Applicable Permits procured.
10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Drawings along with a construction plan specifying its construction methodology, procurement, engineering and construction plan, construction time schedule and quality assurance procedures (together “Construction Plan”) complying with the Standards and Specifications, capacities as per Schedule B and all Applicable Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on the issues raised, including making suitable modification in its Construction Plan as required.
10.2.3. The Concessionaire shall complete the Construction Works including the rail siding within the period between the Commencement Date and the Scheduled Commercial Operation Date.
10.2.4. The Concessionaire shall ensure that, by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following:
(i) at least 33 % (thirty percent) by value of Total Project Cost has been expended;
(ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed;
(iii) 90% of boundary wall has been completed; and
(iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the end of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire.
10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications.
10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the Construction Work of the Silo Complex.
10.2.7. The design, installation and construction of the Silo Complex shall be in compliance with the applicable regulations and Good Industry Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and safety. The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and approvals, as required, from respective Government Instrumentalities on these aspects.
10.2.8. The Concessionaire shall construct the Broad Gauge rail siding as per and in conformation with the specifications of Indian Railways or any other relevant authority. The Concessionaire shall be solely responsible for compliance of such requirements. On completion of the construction of rail siding, the Concessionaire shall procure approval from the Indian Railways authority for commencement of operation on the rail siding.
10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project site.
10.2.10. The Authority and IE&A shall have the right, but not the obligation, to review the submissions related to the Construction Plan and other aspects related to the Construction Work of the Silo Complex and provide comments, if any. The Authority and the IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of submission by the Concessionaire so as not to adversely impact the project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever.
Appears in 1 contract
Sources: Concession Agreement
Construction of Project. 10.2.1. On receipt of the Letter of Commencement from the Authority and on and after the Commencement Date, the Concessionaire shall commence Construction Work for the Silo Complex as per the Construction Plan and in conformity with the Standards and Specifications and the Applicable Permits procured.
10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Drawings along with a construction plan specifying its construction methodology, procurement, engineering and construction plan, construction time schedule and quality assurance procedures (together “Construction Plan”) complying with the Standards and Specifications, capacities as per Schedule B and all Applicable Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on the issues raised, including making suitable modification in its Construction Plan as required.
10.2.3. The Concessionaire shall complete the Construction Works including the rail siding road connectivity within the period between the Commencement Date and the Scheduled Commercial Operation Date.
10.2.4. The Concessionaire shall ensure that, by the end of the 12th 9th (twelfthninth) month from the Commencement Date, that the mid-term construction milestone (“Mid- Mid-Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following:
(i) at least 33 % (thirty percent) by value of Total Project Cost has been expended;
(ii) masonry Masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed;
(iii) 90% of boundary wall has been completed; and
(iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the end of 12th 9th (twelfthninth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s Concessionaire’s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire.
10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications.
10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the Construction Work of the Silo Complex.
10.2.7. The design, installation and construction of the Silo Complex shall be in compliance with the applicable regulations and Good Industry Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and safety. The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and approvals, as required, from respective Government Instrumentalities on these aspects.
10.2.8. The Concessionaire shall construct the Broad Gauge rail siding as per and in conformation with the specifications of Indian Railways or any other relevant authority. The Concessionaire shall be solely responsible for compliance of such requirements. On completion of the construction of rail siding, the Concessionaire shall procure approval from the Indian Railways authority for commencement of operation on the rail siding.
10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project site.
10.2.1010.2.9. The Authority and IE&A shall have the right, but not the obligation, to review the submissions related to the Construction Plan and other aspects related to the Construction Work of the Silo Complex and provide comments, if any. The Authority and the IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of submission by the Concessionaire so as not to adversely impact the project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever.
Appears in 1 contract
Sources: Concession Agreement
Construction of Project. 10.2.1. On receipt of the Letter of Commencement from the Authority and on and after the Commencement Date, the Concessionaire shall commence Construction Work for the Silo Complex as per the Construction Plan and in conformity with the Standards and Specifications and the Applicable Permits procured.
10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Drawings along with a construction plan specifying its construction methodology, procurement, engineering and construction plan, construction time schedule and quality assurance procedures (together “Construction Plan”) complying with the Standards and Specifications, capacities as per Schedule B and all Applicable Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on the issues raised, including making suitable modification in its Construction Plan as required.
10.2.3. The Concessionaire shall complete the Construction Works including the rail siding within the period between the Commencement Date and the Scheduled Commercial Operation Date.
10.2.4. The Concessionaire shall ensure that, by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following:
(i) : at least 33 % (thirty percent) by value of Total Project Cost has been expended;
(ii) ; masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed;
(iii) ; 90% of boundary wall has been completed; and
(iv) and major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the end of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire.
10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications.
10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the Construction Work of the Silo Complex.
10.2.7. The design, installation and construction of the Silo Complex shall be in compliance with the applicable regulations and Good Industry Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and safety. The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and approvals, as required, from respective Government Instrumentalities on these aspects.
10.2.8. The Concessionaire shall construct the Broad Gauge rail siding as per and in conformation with the specifications of Indian Railways or any other relevant authority. The Concessionaire shall be solely responsible for compliance of such requirements. On completion of the construction of rail siding, the Concessionaire shall procure approval from the Indian Railways authority for commencement of operation on the rail siding.
10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project site.
10.2.10. The Authority and IE&A shall have the right, but not the obligation, to review the submissions related to the Construction Plan and other aspects related to the Construction Work of the Silo Complex and provide comments, if any. The Authority and the IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of submission by the Concessionaire so as not to adversely impact the project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever.. Appointment of Contractors In order to fulfil the objectives of this Agreement, the Concessionaire may appoint any person as Contractor, at its own cost and risk, for any works relating to the Construction Work of the Project; provided further such person(s) are capable of discharging the obligations under this Agreement for and on behalf of the Concessionaire. The Concessionaire shall ensure that its obligations, which are relevant to the scope of work of a Contractor, pursuant to this Agreement are incorporated in the terms and conditions under which any Contractor is retained. Prior to the appointment of a Contractor for any substantial work, the Concessionaire shall inform the IE&A of the appointment and the qualification of such contractors. The IE&A shall have the right, but not the obligation, to review the submissions related to the qualification of the Contractors. The Concessionaire shall undertake required steps to address the concerns raised by IE&A, if any. The appointment of Contractors shall not in any way relieve the Concessionaire of its obligations as set out in this Agreement and the Authority's and/or IE&A‟s consent to the appointment of such Contractors shall not impose any obligation or liability whatsoever on the Authority in this respect. Quarterly progress reports During the Construction Period, the Concessionaire shall, no later than 7 (seven) days after the close of each quarter, furnish to the Authority and the Independent Engineer& Auditor a quarterly report on the progress of the Construction Works and shall promptly give such other relevant information as may be required by the IE&A. Inspection During the Construction Period, the Independent Engineer & Auditor (IE&A) shall inspect the Project at least once a quarter and make a report of such inspection (the “Inspection Report”) stating in reasonable detail the defects or deficiencies, if any, with particular reference to the Scope of the Project, Standards and Specifications and capacities as per Schedules B. It shall send a copy each of the Inspection Report to the Authority and the Concessionaire within 7 (seven) days of such inspection and upon receipt thereof, the Concessionaire shall rectify and remedy the defects or deficiencies, if any, stated in the Inspection Report. Such inspection or submission of Inspection Report by the IE&A shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever. Tests For determining that the Construction Works conform to the Standards and Specifications and capacities as per Schedule B, the Independent Engineer & Auditor (IE&A) shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the IE&A from time to time, in accordance with Good Industry Practice for quality assurance. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the IE&A and furnish the results thereof to the IE&A. In the event that results of any tests conducted under this Clause 10.6.2 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer & Auditor in this behalf. The IE&A shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Standards and Specifications and capacities as per Schedule B, and the procedure set forth in this Clause 10.6.2 shall be repeated until such Construction Works conform to stipulated requirements. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 10.6.2 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer & Auditor forthwith. Upon request of Concessionaire, the Authority shall provide to the Concessionaire 500 (five hundred) metric tons (MT) of Food Grains for carrying out tests of the Silo Complex. The Food Grain so provided shall be returned to the Authority after the trail runs; provided the Authority may instruct the Concessionaire to retain the stock provided under this Clause10.6.3 for storage. The cost towards transportation of Food Grain to and from the Silo Complex shall be borne by the Authority, provided that if such costs are to be incurred more than once, the cost towards transportation after the first time shall be borne by the Concessionaire. The Concessionaire shall take all due care of the Food Grain as per Standards and Specifications. No Storage and Handling Charge shall be payable on Food Grain provided under this Clause 10.6.3 till the Completion Certificate is issued. In the event of loss of the Food Grain, the Concessionaire shall make good the loss. Completion Certificate At least 30 (thirty) days prior to the likely completion of the Project, the Concessionaire shall notify the IE&A, with a copy to the Authority for its information, of its intent to subject the Silo Complex to Tests. The date and time of each of the Tests shall be determined by the IE&A in consultation with the Concessionaire, and notified to the Authority, who may designate its representative to witness the Tests. The IE&A shall observe, monitor and review the results of the Tests to determine compliance of the Project with Standards and Specifications and if it is reasonably anticipated or determined by the IE&A during the course of any Test that the performance of the Project or any part thereof does not meet the Standards and Specifications or not in conformity with the Applicable Permits granted, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Concessionaire shall provide to the IE&A and the Authority copies of all Test data including detailed Test results. For the Test relating to the rail siding, the Concessionaire shall co-ordinate with the Indian Railways authorities who may carry out the Tests as per their specifications and procedures. The Concessionaire shall invite the IE&A and the Authority for the Test for the rail siding. Upon completion of the Test as required, the Concessionaire shall seek approval of the Indian Railways authorities to commence operations on the rail siding. Upon receipt of the approval of the Indian Railways to commence operation in respect of rail siding, the Concessionaire shall submit a certified copy of the same with the Authority and the IE&A. The Concessionaire shall be responsible for obtaining approval from other Government Instrumentalities. The Concessionaire shall inform the IE&A of the requirements of approvals for commencement from other agencies and invite the IE&A to attend the tests required for such approvals. On obtaining the required approvals from the Government Instrumentalities as required, including from Indian Railway as per Clause 10.7.4, the Concessionaire shall forward to the IE&A certified copy of the approvals so received. Upon receipt of information under this Clause 10.7.6, the IE&A shall satisfy itself that all the required approvals are in place. In the event the IE&A is of the view that any required approval is not in place, it shall, in writing, inform the Concessionaire, with a copy to the Authority, the pending requirements. The IE&A shall extend all reasonable support to the Concessionaire in getting the required approvals from various Government Instrumentalities. At least 30 days prior to the SCOD, or if Project Completion is likely to be achieved earlier then such likely dates, the Concessionaire shall submit to the IE&A (i) draft version of „as-built‟ drawings along with required specification details of all the equipments, (ii) a manual detailing the standard operating procedure for operations of the Silo Complex (“Operation Manual”) prepared in line with Standards and Specifications, (iii) copies of insurance covers obtained and other relevant documents related to the O&M plan. The IE&A shall review the same and provide its comments in writing to the Concessionaire on variances with the Standards and Specifications and other improvements or modifications required in its opinion. The Concessionaire shall incorporate the comments and observations from Independent Engineer & Auditor, or if not incorporated, communicate in writing the reasons as to why changes or modifications are not required in its opinion. Such submissions shall be completed before issuance of Completion Certificate. Subject to Clause 10.7.9, upon Project Completion, the IE&A shall forthwith recommend to the Authority for issue of Completion Certificate. Within 14 days of receipt of such recommendation from the IE&A, the Authority shall carry out its review of the Construction Work, if required in its discretion, and instruct the IE&A to issue, within 3 days of receipt of instruction, the Completion Certificate for the Project to the Concessionaire. In the event the Project Completion is achieved before the SCOD, the IE&A shall seek clarification from the Authority on its intent to use the Silo Complex prior to SCOD and only on confirmation from Authority in writing and as per process mentioned herein, issue the Completion Certificate. For clarification, the Completion Certificate shall not be issued before SCOD without specific approval of the Authority. Entry into Commercial Service The construction and development of the Project shall be deemed to be complete when the Completion Certificate is issued under the provisions of Clause 10.7.8 or 10.7.9, and accordingly the Commercial Operation Date (the “COD”) of the Project shall be the date on which such Completion Certificate is issued. The Project shall enter into commercial service on COD whereupon the Concessionaire shall be entitled to receive the Storage and Handling Charge from the Authority in accordance with the provisions of Article 15. Damages due to delay in Project Completion Subject to any of the provisions of this Agreement providing excuse from performance, as the case may be, of any of the obligations of the Concessionaire under this Agreement, the Concessionaire shall pay to the Authority Damages at the (i) rate of 0.125% (zero point one two five percent) of the Performance Security for each day of delay beyond 60 (sixty) days from end of 12th (twelfth) month from Commencement Date in achievement of Mid-Term Construction Milestone, subject to a maximum of 20% (twenty percent) of Performance Security, and (ii) at the rate of 0.25% (zero point two five percent) of the Performance Security for each day of delay in Project Completion beyond the SCOD, subject to a maximum of 40% (forty percent) of Performance Security. The Parties agree that the Damages as provided is a genuine pre-estimate of the damages the Authority is likely to suffer and is not by way of
Appears in 1 contract
Sources: Concession Agreement
Construction of Project. 10.2.1. On receipt of the Letter of Commencement from the Authority and on and after the Commencement Date, the Concessionaire shall commence Construction Work for the Silo Complex as per the Construction Plan and in conformity with the Standards and Specifications and the Applicable Permits procured.
10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Drawings along with a construction plan specifying its construction methodology, procurement, engineering and construction plan, construction time schedule and quality assurance procedures (together “Construction Plan”) complying with the Standards and Specifications, capacities as per Schedule B and all Applicable [Version Date : 21.11.2013] Page 57 Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on the issues raised, including making suitable modification in its Construction Plan as required.
10.2.3. The Concessionaire shall complete the Construction Works including the rail siding within the period between the Commencement Date and the Scheduled Commercial Operation Date.
10.2.4. The Concessionaire shall ensure that, by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following:
(i) at least 33 % (thirty percent) by value of Total Project Cost has been expended;
(ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed;
(iii) 90% of boundary wall has been completed; and
(iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the end of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s Concessionaire’s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire.
10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications.
10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the Construction Work of the Silo Complex.
10.2.7. The design, installation and construction of the Silo Complex shall be in compliance with the applicable regulations and Good Industry Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and safety. The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and approvals, as required, from respective Government Instrumentalities on these aspects.
10.2.8. The Concessionaire shall construct the Broad Gauge rail siding as per and in conformation with the specifications of Indian Railways or any other relevant authority. The Concessionaire shall be solely responsible for compliance of such requirements. On completion of the construction of rail siding, the Concessionaire shall procure approval from the Indian Railways authority for commencement of operation on the rail siding.
10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project site.
10.2.10. The Authority and IE&A shall have the right, but not the obligation, to review the submissions related to the Construction Plan and other aspects related to the Construction Work of the Silo Complex and provide comments, if any. The Authority and the IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of submission by the Concessionaire so as not to adversely impact the project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever.
Appears in 1 contract
Sources: Concession Agreement