Operation and Maintenance of the System. During the Operating Period, the Company shall, at its own cost, be responsible for management and operation in accordance with the Performance Standards of the System. The Company shall provide at its own cost, regular and efficient maintenance and repair services of the System and the Connections of the Registered Properties connected to the System to ensure that they are in good operating condition and meet the Performance Requirements. The Company shall, in consultation with the Government, cause the entire System, including all of its Connections, to be subjected to comprehensive Performance Tests during the last 6 months of the Term and shall, at its own cost, carry out an overall detailed maintenance and repair service to ensure that the entire system is in good operational condition on the Transfer Date (wear and tear excepted) and is successfully satisfying all of the Performance Requirements. The Company shall establish a registration process as specified in the [Sewer Law] for Registered Owners and shall establish, manage and control an efficient electronic billing and collection system for levying and collecting the Tariffs. The Government shall require any newly developed properties to apply to the Company to be registered and connected to the System upon the acceptance by the Company of his or its development plan for Wastewater disposal. Before granting its acceptance to such application, the Company shall conduct a Wastewater Planning Review which shall be a condition precedent to the issuance of any Building Permit in respect of such property and to the commencement of any development thereof. Applicants to become Registered Owners shall be required to pay to the Company a Wastewater Planning Review Fee in accordance with the Tariffs. The Company shall be entitled to require the relevant person to amend the plans for the development if in the opinion of the Company the Wastewater disposal aspects of the development do not comply with the [Sewer Law]. In assessing applications the Company shall be further guided by the capacity of the System and the effects on other Registered Users in addition to the provisions of Clause 5.9 above. The Company will establish detailed procedures in relation to Wastewater Planning Reviews. In determining such procedures, the Company shall consult with the Municipality and obtain its consent in writing to such procedures. The Government shall make available to the Company and its officers, contractors and suppliers without charge all necessary access rights when required so as to enable the Company to operate, maintain, repair and replace the System or any part thereof and the Government will procure, if necessary, the closure of any roads for the purposes of routine maintenance, repair or replacement PROVIDED that the Company shall provide to the Government a monthly programme of routine maintenance and repairs [ ] days before the beginning of the month in question describing therein its next month routine maintenance and repair. It is recognised that the Company may require immediate access in emergency situations. During the Operating Period, the Company shall carry out regular tests in accordance with Good Operating Standards to determine whether: the influent sewage into the System complies with the Influent Standards; and the treated effluent meets the Performance Standards. The Company and the Engineer shall draw up and agree on a testing schedule. All testing shall be coordinated with the Independent Consulting Engineer, and a full report of the results shall be provided in a monthly operating report to the Independent Consulting Engineer and the Government. The Company shall not be treated as being in breach of the Performance Standards or in breach of any environmental law if such breach is the result of influent not being in accordance with the Influent Standards. In such event, the Company will use reasonable efforts in accordance with Good Operating Standards to treat the influent. The Company may in consultation with the Independent Consultant Engineer, carry out preventive maintenance or, wherever deemed necessary, temporarily shut down the Treatment Plant, either partially or completely. In the event that the treated effluent does not meet the Performance Standards, PROVIDED such failure is not due to the influent exceeding the Influent Standards, the actions or inactions of the Government or a Force Majeure Event, the Company will be liable to pay Liquidated Damages in accordance with Annex 10. The Company may terminate the service to, claim damages from, or impose such other penalties in enforcement proceedings, prescribed by the Sewer Law on, any Registered User that it reasonably believes discharges sewage into the System that is not in accordance with the Influent Standards. Details of items that will adversely affect Influent Standards must first be made known in writing to all Registered Users. The Company shall promptly notify the Government of any situation where Influent Standards are not satisfied, and the Parties shall meet in consultation with the Independent Consulting Engineer, to develop a plan to identify source of the problem and remedial actions to prevent reoccurrence. During the Operating Period the Company shall prepare a monthly report containing charts, graphs and data as appropriate to demonstrate: the quality of the influent sewage and treated effluent; treatment plant efficiency: and the status of operations and maintenance activities. A confidential copy of the report shall be provided to the Government. The Company shall, at its own cost, take out and maintain operating and all risks Insurances as specified in Part II of Annex 5 and such additional insurances as it believes are reasonably required for the adequate operation of the System or safety of the employees of the Company.15 Each Registered Owner shall pay the Applicable Connection Fee in respect of the Registered Property owned by the Registered Owner and each Registered User shall pay the Applicable Service Charge in respect of the Registered Property occupied by such Registered User in accordance with the provisions of Annexes 2 and 6. [The Government shall incorporate the provisions of Annexes 2 and 6, together with the relevant provisions of Clause 7 and Clause 8, into the Sewer Law.] [The properties specified in Annex 8 shall be exempted from payment of Applicable Connection Fees and Applicable Service Charges. ] The Company shall maintain, through the continuing registration process, an up to-date register of Registered Owners, Registered Users, and Registered Properties. A copy of this register shall be issued to the Government on each anniversary of the Effective Date or any time upon written request. The projected Connection date in respect of each Registered Property shall be determined by the Company in consultation with the Municipality and Traffic Department. If any instalment of the Connection Fee due prior to Connection is not paid in full by the projected date of Connection, then the Company shall be entitled to (i) refuse to connect the relevant Registered Property to the System, or (ii) connect the Registered Property and commence billing the Registered User(s) for the Service Charges, together with its right to demand prompt payment of the Connection Fees and such other penalties prescribed by the Sewer Law from the Registered Owner. Each Registered User will be required to pay a deposit of three months’ Applicable Service Charges at the date of Connection of the Registered Property to the System. The deposits paid by Registered Users shall be held in a separate bank account in the name of the Company. All interest accruing on such deposits shall be distributed in equal shares to the Government and the Company. The Company shall be entitled to utilise the whole or a part of the deposit paid by any Registered User in the event of non-payment by such Registered User of any Service Charge. In the event of such utilisation such Registered User shall upon demand by the Company restore the amount of the deposit to the full amount of the three months’ Service Charge. The deposit will be refunded to any Registered User less any outstanding charges when and in respect of each Registered Property that ceases to be occupied by such Registered User. Wastewater Planning Review Fees shall also be payable in accordance with Annex [ ].
Appears in 1 contract
Sources: Concession Agreement
Operation and Maintenance of the System. 7.1. During the Operating Period, the Company shall, at its own cost, be responsible for management and operation in accordance with the Performance Standards of the System.
7.2. The Company shall provide at its own cost, regular and efficient maintenance and repair services of the System and the Connections of the Registered Properties connected to the System to ensure that they are in good operating condition and meet the Performance Requirements.
7.3. The Company shall, in consultation with the Government, cause the entire System, including all of its Connections, to be subjected to comprehensive Performance Tests during the last 6 months of the Term and shall, at its own cost, carry out an overall detailed maintenance and repair service to ensure that the entire system is in good operational condition on the Transfer Date (wear and tear excepted) and is successfully satisfying all of the Performance Requirements.
7.4. The Company shall establish a registration process as specified in the [Sewer Law] for Registered Owners and shall establish, manage and control an efficient electronic billing and collection system for levying and collecting the Tariffs.
7.5.1. The Government shall require any newly developed properties to apply to the Company to be registered and connected to the System upon the acceptance by the Company of his or its development plan for Wastewater disposal. Before granting its acceptance to such application, the Company shall conduct a Wastewater Planning Review which shall be a condition precedent to the issuance of any Building Permit in respect of such property and to the commencement of any development thereof. Applicants to become Registered Owners shall be required to pay to the Company a Wastewater Planning Review Fee in accordance with the Tariffs. The Company shall be entitled to require the relevant person to amend the plans for the development if in the opinion of the Company the Wastewater disposal aspects of the development do not comply with the [Sewer Law]. In assessing applications the Company shall be further guided by the capacity of the System and the effects on other Registered Users in addition to the provisions of Clause 5.9 above.
7.5.2. The Company will establish detailed procedures in relation to Wastewater Planning Reviews. In determining such procedures, the Company shall consult with the Municipality and obtain its consent in writing to such procedures.
7.6. The Government shall make available to the Company and its officers, contractors and suppliers without charge all necessary access rights when required so as to enable the Company to operate, maintain, repair and replace the System or any part thereof and the Government will procure, if necessary, the closure of any roads for the purposes of routine maintenance, repair or replacement PROVIDED that the Company shall provide to the Government a monthly programme of routine maintenance and repairs [ ] days before the beginning of the month in question describing therein its next month routine maintenance and repair. It is recognised that the Company may require immediate access in emergency situations.
7.7. During the Operating Period, the Company shall carry out regular tests in accordance with Good Operating Standards to determine whether: :
7.7.1. the influent sewage into the System complies with the Influent Standards; and and
7.7.2. the treated effluent meets the Performance Standards. The Company and the Engineer shall draw up and agree on a testing schedule. All testing shall be coordinated with the Independent Consulting Engineer, and a full report of the results shall be provided in a monthly operating report to the Independent Consulting Engineer and the Government.
7.8. The Company shall not be treated as being in breach of the Performance Standards or in breach of any environmental law if such breach is the result of influent not being in accordance with the Influent Standards. In such event, the Company will use reasonable efforts in accordance with Good Operating Standards to treat the influent. The Company may in consultation with the Independent Consultant Engineer, carry out preventive maintenance or, wherever deemed necessary, temporarily shut down the Treatment Plant, either partially or completely.
7.9. In the event that the treated effluent does not meet the Performance Standards, PROVIDED such failure is not due to the influent exceeding the Influent Standards, the actions or inactions of the Government or a Force Majeure Event, the Company will be liable to pay Liquidated Damages in accordance with Annex 10.
7.10. The Company may terminate the service to, claim damages from, or impose such other penalties in enforcement proceedings, prescribed by the Sewer Law on, any Registered User that it reasonably believes discharges sewage into the System that is not in accordance with the Influent Standards. Details of items that will adversely affect Influent Standards must first be made known in writing to all Registered Users. The Company shall promptly notify the Government of any situation where Influent Standards are not satisfied, and the Parties shall meet in consultation with the Independent Consulting Engineer, to develop a plan to identify source of the problem and remedial actions to prevent reoccurrence.
7.11. During the Operating Period the Company shall prepare a monthly report containing charts, graphs and data as appropriate to demonstrate: the quality of the influent sewage and treated effluent; treatment plant efficiency: and the status of operations and maintenance activities. A confidential copy of the report shall be provided to the Government.
7.12. The Company shall, at its own cost, take out and maintain operating and all risks Insurances as specified in Part II of Annex 5 and such additional insurances as it believes are reasonably required for the adequate operation of the System or safety of the employees of the Company.15 Each Registered Owner shall pay the Applicable Connection Fee in respect of the Registered Property owned by the Registered Owner and each Registered User shall pay the Applicable Service Charge in respect of the Registered Property occupied by such Registered User in accordance with the provisions of Annexes 2 and 6. [The Government shall incorporate the provisions of Annexes 2 and 6, together with the relevant provisions of Clause 7 and Clause 8, into the Sewer Law.] [The properties specified in Annex 8 shall be exempted from payment of Applicable Connection Fees and Applicable Service Charges. ] The Company shall maintain, through the continuing registration process, an up to-date register of Registered Owners, Registered Users, and Registered Properties. A copy of this register shall be issued to the Government on each anniversary of the Effective Date or any time upon written request. The projected Connection date in respect of each Registered Property shall be determined by the Company in consultation with the Municipality and Traffic Department. If any instalment of the Connection Fee due prior to Connection is not paid in full by the projected date of Connection, then the Company shall be entitled to (i) refuse to connect the relevant Registered Property to the System, or (ii) connect the Registered Property and commence billing the Registered User(s) for the Service Charges, together with its right to demand prompt payment of the Connection Fees and such other penalties prescribed by the Sewer Law from the Registered Owner. Each Registered User will be required to pay a deposit of three months’ Applicable Service Charges at the date of Connection of the Registered Property to the System. The deposits paid by Registered Users shall be held in a separate bank account in the name of the Company. All interest accruing on such deposits shall be distributed in equal shares to the Government and the Company. The Company shall be entitled to utilise the whole or a part of the deposit paid by any Registered User in the event of non-payment by such Registered User of any Service Charge. In the event of such utilisation such Registered User shall upon demand by the Company restore the amount of the deposit to the full amount of the three months’ Service Charge. The deposit will be refunded to any Registered User less any outstanding charges when and in respect of each Registered Property that ceases to be occupied by such Registered User. Wastewater Planning Review Fees shall also be payable in accordance with Annex [ ].Company.15
Appears in 1 contract
Sources: Concession Agreement