Common use of MONITORING OF OPERATION AND MAINTENANCE Clause in Contracts

MONITORING OF OPERATION AND MAINTENANCE. Monthly status reports During Operation Period, the Concessionaire shall, no later than 7 (seven) days after the close of each month, furnish to the Authority and the Independent Expert a monthly report stating in reasonable detail the condition of the Storage Facility including its compliance or otherwise with the Maintenance Requirements, Maintenance Manual, Maintenance Programme and Safety Requirements, and shall promptly give such other relevant information as may be required by the Independent Expert. In particular, such report shall separately identify and state in reasonable detail the defects and deficiencies that require rectification.’ Inspection The Independent Expert shall inspect the Storage Facility at least once a quarter. It shall make a report of such inspection (the “O&M Inspection Report”) stating in reasonable detail the defects or deficiencies, if any, with particular reference to the Maintenance Requirements, Maintenance Manual, the Maintenance Programme and Safety Requirements, and send a copy thereof to the Authority and the Concessionaire within 7 (seven) days of such inspection. Tests For determining that the Storage Facility conforms to the Maintenance Requirements, the Independent Expert shall require the Concessionaire to carry out, or cause to be carried out, tests specified by it in accordance with Good Industry Practice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all such tests in accordance with the instructions of the Independent Expert and furnish the results of such tests forthwith to the Independent Expert. One half of the costs incurred on such tests, and to the extent certified by the Independent Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Remedial measures The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Expert and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. The Independent Expert shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Storage Facility into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4.2 shall be repeated until the Storage Facility conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.10. Reports of unusual occurrence The Concessionaire shall, prior to the close on each day on which any unusual occurrence as defined in this Clause 19.5 materialises, send to the Authority and the Independent Expert, by facsimile or e-mail, a report stating accidents and unusual occurrences on the Storage Facility relating to the safety and security of Food Grains, the Users or the persons affected by it and the Storage Facility. A monthly summary of such reports shall also be sent within 3 (three) days of the closing of each month. For the purposes of this Clause 19.5, accidents and unusual occurrences on the Storage Facility shall include: death or injury to any person; damaged or dislodged fixed equipment; any obstruction on the Storage Facility, which results in slow down of the services being provided by the Concessionaire; disablement of any equipment during operation; communication failure affecting the operation of Storage Facility; smoke or fire; flooding of Storage Facility; and such other relevant information as may be required by the Authority or the Independent Expert.

MONITORING OF OPERATION AND MAINTENANCE. Monthly status reports During Operation Concession Period, the Concessionaire shall, no later than 7 (seven) days after the close of each month, furnish to the Authority and the Independent Expert Engineer a monthly report stating in reasonable detail the condition of the Storage Facility Project Highway including its compliance or otherwise with the Maintenance Requirements, Maintenance Manual, Maintenance Programme and Safety Requirements, and shall promptly give such other relevant information as may be required by the Independent ExpertEngineer. In particular, such report shall separately identify and state in reasonable detail the defects and deficiencies that require rectification.’ . Inspection The Independent Expert Engineer shall inspect the Storage Facility Project Highway at least once a quartermonth. It shall make a report of such inspection (the “O&M Inspection Report”) stating in reasonable detail the defects or deficiencies, if any, with particular reference to the Maintenance Requirements, Maintenance Manual, the Maintenance Programme and Safety Requirements, and send a copy thereof to the Authority and the Concessionaire within 7 (seven) days of such inspection. Tests For determining that the Storage Facility Project Highway conforms to the Maintenance Requirements, the Independent Expert Engineer shall require the Concessionaire to carry out, out or cause to be carried out, out tests specified by it in accordance with Good Industry Practice. The Concessionaire shall, shall with due diligence, diligence carry out or cause to be carried out all such tests in accordance with the instructions of the Independent Expert Engineer and furnish the results of such tests forthwith to the Independent ExpertEngineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Expert Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Remedial measures The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 16.3 and furnish a report in respect thereof to the Independent Expert Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. The Independent Expert Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Storage Facility Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4.2 16.4 shall be repeated until the Storage Facility Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.1015.8. Reports of unusual occurrence The Monthly Fee Statement During the Concession Period, the Concessionaire shall, prior to the close on each day on which any unusual occurrence as defined in this Clause 19.5 materialises, send shall furnish to the Authority and the Independent Expert, by facsimile or e-mail, a report stating accidents and unusual occurrences on the Storage Facility relating to the safety and security of Food Grains, the Users or the persons affected by it and the Storage Facility. A monthly summary of such reports shall also be sent within 3 7 (threeseven) days of the closing completion of each month, a statement of Fee substantially in the form set forth in Schedule- G (the “Monthly Fee Statement”). For The Concessionaire shall also furnish to the purposes of this Clause 19.5, accidents and unusual occurrences on the Storage Facility shall include: death or injury to any person; damaged or dislodged fixed equipment; any obstruction on the Storage Facility, which results in slow down of the services being provided by the Concessionaire; disablement of any equipment during operation; communication failure affecting the operation of Storage Facility; smoke or fire; flooding of Storage Facility; and Authority such other relevant information as may be required by the Authority or the Independent Expertmay reasonably require, at specified intervals, in discharge of its statutory functions.

MONITORING OF OPERATION AND MAINTENANCE. Monthly status reports During Operation Period, the Concessionaire shall, no later than 7 (seven) days after the close of each month, furnish to the Authority and the Independent Expert Engineer a monthly report stating in reasonable detail the condition of the Storage Facility Project Highway including its compliance or otherwise with the Maintenance Requirements, Maintenance Manual, Maintenance Programme and Safety Requirements, and shall promptly give such other relevant information as may be required by the Independent ExpertEngineer. In particular, such report shall separately identify and state in reasonable detail the defects and deficiencies that require rectification.’ . Inspection The Independent Expert Engineer shall inspect the Storage Facility Project Highway at least once a quartermonth. It shall make a report of such inspection (the “O&M Inspection Report”) stating in reasonable detail the defects or deficiencies, if any, with particular reference to the Maintenance Requirements, Maintenance Manual, the Maintenance Programme and Safety Requirements, and send a copy thereof to the Authority and the Concessionaire within 7 (seven) days of such inspection. Tests For determining that the Storage Facility Project Highway conforms to the Maintenance Requirements, the Independent Expert Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests specified by it in accordance with Good Industry Practice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all such tests in accordance with the instructions of the Independent Expert Engineer and furnish the results of such tests forthwith to the Independent ExpertEngineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Expert Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Remedial measures The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Expert Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. The Independent Expert Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Storage Facility Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4.2 19.4 shall be repeated until the Storage Facility Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.1017.8. Monthly Fee Statement During the Operation Period, the Concessionaire shall furnish to the Authority, within 7 (seven) days of completion of each month, a statement of Fee substantially in the form set forth in Schedule-M (the “Monthly Fee Statement”). The Concessionaire shall also furnish to the Authority such other information as the Authority may reasonably require, at specified intervals, in discharge of its statutory functions. Reports of unusual occurrence The Concessionaire shall, prior to the close on of each day on which any unusual occurrence as defined in this Clause 19.5 materialisesday, send to the Authority and the Independent ExpertEngineer, by facsimile or e-mail, a report stating accidents and unusual occurrences on the Storage Facility Project Highway relating to the safety and security of Food Grains, the Users or the persons affected by it and the Storage FacilityProject Highway. A weekly and monthly summary of such reports shall also be sent within 3 (three) three days of the closing of each week and month, as the case may be. For the purposes of this Clause 19.519.6, accidents and unusual occurrences on the Storage Facility Project Highway shall include: death or injury to any person; damaged or dislodged fixed equipment; any obstruction on the Storage FacilityProject Highway, which results in slow down of the services being provided by the Concessionaire; disablement of any equipment during operation; communication failure affecting the operation of Storage FacilityProject Highway; smoke or fire; flooding of Storage FacilityProject Highway; and such other relevant information as may be required by the Authority or the Independent ExpertEngineer.