Common use of Remedial Measures Clause in Contracts

Remedial Measures. ‌ 19.4.1 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 Engineer and the Participating ULBs 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. 19.4.2 The Independent 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 Project Facilities into compliance with the Operation & Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Project Facilities conforms to the Operation & Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Lead ULB shall be entitled to recover Damages from the Concessionaire in accordance with Clause 16.3 this Agreement. For avoidance of doubts, levy and recovery of Damages by the Lead ULB from the Concessionaire shall not absolve the Concessionaire for its obligation and the Participating ULBs shall be entitled to seek specific performance by the Concessionaire of its obligations under this Agreement.

Remedial Measures. ‌ 19.4.1 19.5.1 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 19.4 and furnish a report in respect thereof to the Independent Engineer Panel and the Participating ULBs 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. 19.4.2 19.5.2 The Independent Engineer Panel 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 Project Facilities Medical Facility into compliance with the Operation & Maintenance Requirements and the procedure set forth in this Clause 19.4 19.5 shall be repeated until the Project Facilities Hospital and/or the Medical College, as the case may be, conforms to the Operation & Maintenance Requirements. In the event that of occurrence of non-compliance with Key Performance Standards and/or delay in undertaking related remedial measures are not completed by the Concessionaire in conformity with the provisions of this AgreementAgreement including Schedule - JJJ, the Lead ULB Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 16.3 17.2 including by Debit to the Escrow Account, and for this Agreement. For avoidance of doubts, levy and recovery of Damages by the Lead ULB from the Concessionaire shall not absolve the Concessionaire for its obligation and the Participating ULBs purpose shall be entitled to seek specific performance by encash the Concessionaire of its obligations under this AgreementPerformance Guarantee in accordance with terms hereof.

Remedial Measures. ‌ 19.4.1 17.3.1 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 17.2 and furnish a report in respect thereof to the Independent Engineer and the Participating ULBs Concessioning authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test resultsReport, 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. 19.4.2 17.3.2 The Independent Engineer Concessioning authority 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 Project Facilities into compliance with the Operation & Maintenance Safety Requirements and the procedure set forth in this Clause 19.4 17.4 shall be repeated until the Project Facilities conforms conform to the Operation & Maintenance Safety Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Lead ULB Concessioning authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 16.3 15.3.2. 17.3.3 Notwithstanding anything to the contrary in this Agreement. For avoidance , the Parties may, with respect to the last [insert period] years of doubtsthe Operation Period, levy and recovery mutually agree to reduce or revise the obligations of Damages the Concessionaire hereunder to the extent that such reduction or revision is necessitated by the Lead ULB from the Concessionaire shall not absolve the Concessionaire for its obligation and the Participating ULBs shall be entitled to seek specific performance by the Concessionaire non- availability of its obligations under this Agreementrequisite spare parts.

Remedial Measures. ‌ 19.4.1 20.4.1 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 20.3 and furnish a report in respect thereof to the Independent Engineer and the Participating ULBs 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.. Development of MSW Treatment facility in Kolhapur – Draft Concession 2012 Agreement 19.4.2 20.4.2 The Independent 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 Project Facilities into compliance with the Operation & Maintenance Requirements and the procedure set forth in this Clause 19.4 20.4 shall be repeated until the Project Facilities conforms to the Operation & Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Lead ULB Authority shall be entitled to recover Damages from the Concessionaire in accordance with Clause 16.3 this Agreement. For avoidance of doubts, levy and recovery of Damages by the Lead ULB Authority from the Concessionaire shall not absolve the Concessionaire for its obligation and the Participating ULBs Authority shall be entitled to seek specific performance by the Concessionaire of its obligations under this Agreement.. Kolhapur Municipal Corporation Page 75 Development of MSW Treatment facility in Kolhapur – Draft Concession 2012 Agreement 21 Independent Engineer

Remedial Measures. ‌ 19.4.1 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 Engineer and the Participating ULBs 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. 19.4.2 The Independent 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 Project Facilities into compliance with the Operation & Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Project Facilities conforms to the Operation & Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Lead ULB shall be entitled to recover Damages from the Concessionaire in accordance with Clause 16.3 this Agreement. For avoidance of doubts, levy and recovery of Damages by the Lead ULB from the Concessionaire shall not absolve the Concessionaire for its obligation and the Participating ULBs shall be entitled to seek specific performance by the Concessionaire of its obligations under this Agreement.

Remedial Measures. ‌ 19.4.1 15.15.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test O&M Tests results referred to in Clause 19.3 Section 15.14(O&M Tests) and furnish a report in respect thereof to the Independent Engineer and the Participating ULBs GoS within 15 seven (fifteen7) days of receiving the O&M Inspection Report or the test O&M Tests results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 seven (fifteen7) days, the Concessionaire shall obtain a written confirmation from the Independent Engineer conforming the expected time required for repair and remedying the defects and shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 15.15.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out teststhe O&M Tests, at its own cost, to determine that such remedial measures have brought the Project Facilities relevant Concession Assets into compliance with the Operation & Maintenance Requirements Applicable Standards and the procedure set forth in this Clause 19.4 Section 15.15 (Remedial Measures) shall be repeated until the Project Facilities conforms Concession Assets conform to the Operation & Maintenance RequirementsApplicable Standards. 15.15.3 In the event the Concessionaire fails to repair or rectify the defects or deficiencies as described in the preceding section 15.15.2 within the time prescribed therein, solely due to the Concessionaire’s failure to comply with its obligations in terms of this Agreement then the Concessionaire shall pay to the GoS damages in a sum calculated at the rate of one point zero per cent (1.0%) of the amount of O&MPerformance Security for each full day of delay in such repairing or rectifying beyond the prescribed time for such repair or rectification till such time as the repair or rectification is achieved and the same is certified by the Independent Engineer (the “O&M Period Damages”). All Construction Period Damages becoming due and payable by the Concessionaire in terms of this Section15.15.3 shall be invoiced by the GoS to the Concessionaire and shall become due and payable on the date falling thirty (30) days following the Concessionaire’s receipt of such invoice (the “O&M Period Damages Payment Date”). In the event that remedial measures are not completed of failure by the Concessionaire to pay the O&M Period Damages to the GoS by the O&M Period Damages Payment Date, the GoS shall have the right to encash the O&MPerformance Security in conformity an amount equal to the O&M Period Damages provided however failure by the Concessionaire to pay the O&M Period Damages by the O&M Period Damages Payment Date (to the extent the same may be recovered by the GoS through encashment of the O&MPerformance Security) shall not be a breach of Concessionaire of this Agreement. Notwithstanding anything contained herein, the recovery of O&M Period Damages under this Section 15.15.3 shall be without prejudice to the rights of the GoS under this Agreement, including the right of Termination in accordance with Article 19 of this Agreement. Thus, in the provisions event the Concessionaire fails to rectify or repair the defects or deficiencies in the Operation and Maintenance within a period of ninety (90) days from the prescribed time period mentioned above, solely due to the Concessionaire’s failure to comply with its obligations in terms of this Agreement, the Lead ULB shall be entitled to recover Damages from then such failure of the Concessionaire shall constitute a Concessionaire Event of Default, and the GoS may, at its sole discretion, terminate this Agreement in accordance with Clause 16.3 this Agreement. For avoidance of doubts, levy Article 19 (Termination) and recovery of Damages by also draw on the Lead ULB from the Concessionaire shall not absolve the Concessionaire for its obligation and the Participating ULBs shall be entitled to seek specific performance by the Concessionaire of its obligations under this AgreementO&M Performance Security.

Remedial Measures. ‌ 19.4.1 20.4.1 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 20.3 and furnish a report in respect thereof to the Independent Engineer and the Participating ULBs ULB 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. 19.4.2 20.4.2 The Independent 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 Project Facilities into compliance with the Operation & Maintenance Requirements and the procedure set forth in this Clause 19.4 20.4 shall be repeated until the Project Facilities conforms conform to the Operation & Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Lead ULB shall be entitled to recover Damages from the Concessionaire in accordance with Clause 16.3 16.3of this Agreement. For avoidance of doubts, levy and recovery of Damages by the Lead ULB from the Concessionaire shall not absolve the Concessionaire for from its obligation and the Participating ULBs ULB shall be entitled to seek specific performance by the Concessionaire of its obligations under this Agreement.

Remedial Measures. ‌ 19.4.1 18.4.1 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 result referred to in Clause 19.3 18.3 and furnish a report in respect thereof to the Independent Engineer Monitor and the Participating ULBs Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may beReport; 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. 19.4.2 18.4.2 The Independent Engineer Monitor 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 Project Facilities into compliance with the Operation & Safety Requirements, Service Requirements and Maintenance Requirements and the procedure set forth in this Clause 19.4 18.4 shall be repeated until the Project Facilities conforms to the Operation & Safety Requirements, Service Requirements and Maintenance Requirements. In Draft Concession Agreement the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Lead ULB Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 16.3 16.8 of this Agreement. For avoidance of doubts, levy and recovery of Damages by the Lead ULB from the Concessionaire shall not absolve the Concessionaire for its obligation and the Participating ULBs shall be entitled to seek specific performance by the Concessionaire of its obligations under this Draft Concession Agreement.

Remedial Measures. ‌ 19.4.1 19.24.1 The Concessionaire shall repair or rectify the defects or deficienciesDefects & Deficiencies, if any, set forth in the O&M Inspection Report or in the test O&M Tests results referred to in Clause 19.3 Section 19.19 (O&M Tests) and furnish a report in respect thereof to the Independent Engineer and the Participating ULBs Authority within 15 seven (fifteen7) days of receiving the O&M Inspection Report or the test O&M Tests results, as the case may be; provided provided, that where the remedying of such defects or deficiencies Defects & Deficiencies is likely to take more than 15 seven (fifteen7) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 19.24.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out teststhe O&M Tests, at its own cost, to determine that such remedial measures have brought the Project Facilities relevant Concession Assets into compliance with the Operation & Maintenance Requirements Applicable Standards and the procedure set forth in this Clause 19.4 Section 19.20 (Remedial Measures) shall be repeated until the Project Facilities conforms Concession Assets conform to the Operation & Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the Applicable Standards. 19.24.3 The provisions of this Agreement, Section 19.20 shall not in any manner limit the Lead ULB shall be entitled to recover Damages from obligations of the Concessionaire relating to remedying of Defects & Deficiencies set out elsewhere in accordance with Clause 16.3 this Agreement. For avoidance of doubts, levy and recovery of Damages by the Lead ULB from the Concessionaire shall not absolve the Concessionaire for its obligation and the Participating ULBs shall be entitled to seek specific performance by the Concessionaire of its obligations under this Agreement. 20. INSURANCES‌