Common use of Shifting of obstructing utilities Clause in Contracts

Shifting of obstructing utilities. 11.2.1 The Concessionaire shall, subject to Applicable Laws and with assistance of the Authority, undertake shifting of any utility (including electric lines, water pipes and telephone cables), to an appropriate location or alignment, if such utility or obstruction adversely affects the execution of Works or maintenance of the Project Highway in accordance with this Agreement, as per the scope given in Schedule B and in accordance with applicable standards and specifications of concerned utility owning entity. The cost of shifting of such, utilities indicated in Schedule-B is payable to the Concessionaire as part of Bid Project Cost. Cost of shifting utilities not included in the Schedule B, if any, shall be treated as Change of Scope.. The Authority will provide assistance to the Concessionaire for obtaining the estimates for shifting of such utilities from the entity owning such electric lines, water pipes or telephone cables, as the case may be. The Concessionaire shall execute such utility shifting works under the supervision of utility owning agency and Independent Engineer (IE) in accordance with the provision of Agreement. The supervision charges only shall be paid by the Authority to the Utility Owning Entity. In the event of any delay in shifting thereof, the Concessionaire shall be responsible for failure to perform any of its obligations hereunder if such failure is not as a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The dismantled material/ scrap of existing Utility to be shifted/ dismantled shall belong to the Concessionaire who would be free to dispose-off the dismantled material as deemed fit by them. The work of shifting of utilities can be taken up by the Concessionaire any time after signing of the Agreement. 11.2.2 In case Appointed Date is not achieved and the Concession Agreement is terminated prior to achievement of Appointed Date, the Concessionaire shall be reimbursed the cost of utility shifting carried out during Development Period by the Authority after due certification by the Authorized Representative of the Authority. For the purpose of such reimbursement, the rates in the approved estimates by the concerned utility department shall be paid as per actual work carried out at site. For the avoidance of doubt, the Concessionaire would be reimbursed the cost of utility shifting only in case of termination prior to Appointed Date and only if it carry out the utility shifting as envisaged in Clause 11.2.1.

Shifting of obstructing utilities. 11.2.1 The Concessionaire Licensee shall, subject to Applicable Laws and with assistance of the AuthorityLicensor, undertake shifting of any utility (including electric lines, water pipes and telephone cables), to an appropriate location or alignment, alignment within or outside the Project Site if and only if such utility causes or obstruction adversely affects shall cause a Material Adverse Effect on the execution of Works construction, operation or maintenance of the Project Highway in accordance with this Agreement, as per the scope given in Schedule B and in accordance with applicable standards and specifications of concerned utility owning entityProject. The cost of such shifting of such, utilities indicated in Schedule-B is payable to the Concessionaire as part of Bid Project Cost. Cost of shifting utilities not included in the Schedule B, if any, shall be treated as Change of Scope.. The Authority will provide assistance to borne by the Concessionaire for obtaining the estimates for shifting of such utilities from Licensor or by the entity owning such electric linesutility, water pipes or telephone cablesif the Licensor so directs, as the case may be. The Concessionaire shall execute such utility shifting works under the supervision of utility owning agency and Independent Engineer (IE) in accordance with the provision of Agreement. The supervision charges only shall be paid by the Authority to the Utility Owning Entity. In the event of any delay in shifting thereof, the Concessionaire Licensee shall be responsible excused for failure to perform any of its obligations hereunder if such failure is not as a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The dismantled material/ scrap Licensee shall allow, subject to such conditions as the Licensor may specify, access to, and use of existing Utility to be shifted/ dismantled shall belong the Project Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Concessionaire who would be free to dispose-off Licensee, it may require the dismantled material as deemed fit by them. The work of shifting of utilities can be taken up by the Concessionaire any time after signing user of the Agreement. 11.2.2 In case Appointed Date is not achieved and the Concession Agreement is terminated prior Project Site to achievement of Appointed Date, the Concessionaire shall be reimbursed the cost of utility shifting carried out during Development Period by the Authority after due certification by the Authorized Representative of the Authoritypay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Project Site under this Clause shall not in any manner relieve the Licensee of its obligation to maintain the Project in accordance with this Agreement and any damage caused by such use shall be restored forthwith. The Licensor shall assist the Licensee in obtaining the Applicable Permits for felling of trees to be identified by the Licensor for this purpose if and only if such trees cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such reimbursementfelling shall be borne by the Licensor, the rates and in the approved estimates by event of any delay in felling thereof for reasons beyond the concerned utility department control of the Licensee, it shall be paid as per actual work carried out at siteexcused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. For the avoidance of doubt, the Concessionaire would Parties hereto agree that the felled trees shall be reimbursed deemed to be owned by the cost of utility shifting only Licensor and shall be disposed in case of termination prior such manner and subject to Appointed Date and only if it carry out such conditions as the utility shifting as envisaged Licensor may in Clause 11.2.1its sole discretion deem appropriate.

Shifting of obstructing utilities. 11.2.1 The Concessionaire shall, subject to Applicable Laws and with assistance of the Authority, undertake shifting of any utility (including electric lines, water pipes and telephone cables), to an appropriate location or alignment, if such utility or obstruction adversely affects the execution of Works or maintenance of the Project Highway in accordance with this Agreement, as per the scope given in Schedule B and in accordance with applicable standards and specifications of concerned utility owning entity. The cost of shifting of such, utilities indicated in Schedule-B is payable to the Concessionaire as part of Bid Project Cost. Cost of shifting utilities not included in the Schedule B, if any, shall be treated as Change of Scope.. . The Authority will provide assistance to the Concessionaire for obtaining the estimates for shifting of such utilities from the entity owning such electric lines, water pipes or telephone cables, as the case may be. The Concessionaire shall execute such utility shifting works under the supervision of utility owning agency and Independent Engineer (IE) in accordance with the provision of Agreement. The supervision charges only shall be paid by the Authority to the Utility Owning Entity. In the event of any delay in shifting thereof, the Concessionaire shall be responsible for failure to perform any of its obligations hereunder if such failure is not as a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The dismantled material/ scrap of existing Utility to be shifted/ dismantled shall belong to the Concessionaire who would be free to dispose-off the dismantled material as deemed fit by them. The work of shifting of utilities can be taken up by the Concessionaire any time after signing of the Agreement. 11.2.2 In case Appointed Date is not achieved and the Concession Agreement is terminated prior to achievement of Appointed Date, the Concessionaire shall be reimbursed the cost of utility shifting carried out during Development Period by the Authority after due certification by the Authorized Representative of the Authority. For the purpose of such reimbursement, the rates in the approved estimates by the concerned utility department shall be paid as per actual work carried out at site. For the avoidance of doubt, the Concessionaire would be reimbursed the cost of utility shifting only in case of termination prior to Appointed Date and only if it carry out the utility shifting as envisaged in Clause 11.2.1.

Shifting of obstructing utilities. 11.2.1 The Concessionaire shall, subject to Applicable Laws and with assistance of the Authority, undertake shifting of any utility (including electric lines, water pipes and telephone cables), to an appropriate location or alignment, alignment within or outside the Site if and only if such utility causes or obstruction adversely affects shall cause a material adverse effect on the execution of Works operation or maintenance of the Project Highway in accordance with this Agreement, as per the scope given in Schedule B and in accordance with applicable standards and specifications of concerned utility owning entityHighway. The cost of such shifting of such, utilities indicated in Schedule-B is payable to the Concessionaire as part of Bid Project Cost. Cost of shifting utilities not included in the Schedule B, if any, shall be treated as Change of Scope.. The borne by the Authority will provide assistance to the Concessionaire for obtaining the estimates for shifting of such utilities from or by the entity owning such electric linesutility, water pipes or telephone cables, as the case may be. The Concessionaire shall execute such utility shifting works under the supervision of utility owning agency and Independent Engineer (IE) in accordance with the provision of Agreement. The supervision charges only shall be paid by if the Authority to the Utility Owning Entity. In so directs, and in the event of any delay in shifting thereof, the Concessionaire shall be responsible excused for failure to perform any of its obligations hereunder if such failure is not as a direct consequence of any delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. New utilities and roads The dismantled material/ scrap Concessionaire shall allow, subject to such conditions as the Authority may specify, access to, and use of existing Utility the Site for laying telephone lines, water pipes, electric cables or such other utilities. Where such access or use causes any financial loss to the Concessionaire, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause shall not in any manner relieve the Concessionaire of its obligation to maintain the Project Highway in accordance with this Agreement and any damage caused by such use shall be shifted/ dismantled restored forthwith. In case the Authority requires the connection of any adjoining road to the Project Highway or to connect, through a paved road, any adjoining service station, hotel, motel or any other public facility or amenity to the Project Highway, it shall belong issue to the Concessionaire who would be free a notice specifying in reasonable detail the works required thereunder and notwithstanding anything to dispose-off the dismantled material as deemed fit by them. The work of shifting of utilities can be taken up by the Concessionaire any time after signing of the Agreement. 11.2.2 In case Appointed Date is not achieved and the Concession Agreement is terminated prior to achievement of Appointed Datecontrary contained in this Article, the Concessionaire provisions of Article 21 shall be reimbursed the cost of utility shifting carried out during Development Period by the Authority after due certification by the Authorized Representative apply to such request of the Authority. It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder as per good industry practice. The works undertaken in accordance with this Clause shall be carried out in a manner that minimizes the disruption in operation of the Project Highway. For the avoidance of doubt and in case the works required under this Clause are undertaken by the Concessionaire, the construction and maintenance thereof shall be at the Authority's cost, in accordance with the provisions of Clause 15.1.3. For the avoidance of doubt, any connecting road constructed prior to the Appointed Date and falling within the Site shall be maintained by the Concessionaire upon advance payment to be made by the beneficiary entity in accordance with the provisions of this Clause. Felling of trees The Authority shall assist the Concessionaire in obtaining the Applicable Permits for felling of trees to be identified by the Authority for this purpose if and only if such trees cause a material adverse effect on the operation or maintenance of the Project Highway. The cost of such reimbursementfelling shall be borne by the Authority, the rates and in the approved estimates by event of any delay in felling thereof for reasons beyond the concerned utility department control of the Concessionaire, it shall be paid as per actual work carried out at siteexcused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. For the avoidance of doubt, the Concessionaire would Parties hereto agree that the felled trees shall be reimbursed deemed to be owned by the cost of utility shifting only Authority and shall be disposed in case of termination prior such manner and subject to Appointed Date and only if it carry out such conditions as the utility shifting as envisaged Authority may in Clause 11.2.1its sole discretion deem appropriate.

Shifting of obstructing utilities. 11.2.1 10.2.1 The Concessionaire shall, subject to Applicable Laws and with assistance of the Authority, undertake shifting of any utility (including electric lines, water pipes and telephone cables), ) to an appropriate location or alignment, within or outside the Site if and only if such utility causes or obstruction adversely affects shall cause a material adverse effect on the execution of Works construction, operation or maintenance of the Project Highway in accordance with this Agreement, as per the scope given in Schedule B and in accordance with applicable standards and specifications of concerned utility owning entityProject. The cost of such shifting of such, utilities indicated in Schedule-B is payable to the Concessionaire as part of Bid Project Cost. Cost of shifting utilities not included in the Schedule B, if any, shall be treated as Change of Scope.. The borne by the Authority will provide assistance to the Concessionaire for obtaining the estimates for shifting of such utilities from or by the entity owning such electric linesutility, water pipes or telephone cables, as the case may be. The Concessionaire shall execute such utility shifting works under the supervision of utility owning agency and Independent Engineer (IE) in accordance with the provision of Agreement. The supervision charges only shall be paid by if the Authority to the Utility Owning Entity. In so directs, and in the event of any delay in shifting thereof, the Concessionaire shall be responsible excused for failure to perform any of its obligations hereunder here under if such failure is not as a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The dismantled material/ scrap of . 10.2.2 For the existing Utility to be shifted/ dismantled shall belong to utilities owned by Railways, where the shifting thereof can take place only after certain Works for its shifting have been completed by the Concessionaire, the Authority shall, undertake and complete its shifting within 180 (one hundred and eighty) days after the Concessionaire who would be free to dispose-off has notified the dismantled material as deemed fit by them. The work of shifting of utilities can be taken up by the Concessionaire any time after signing Authority of the Agreement. 11.2.2 completion of the Works. In case Appointed Date is not achieved the event of delay in shifting the utility, beyond the aforesaid period of 180 (one hundred and the Concession Agreement is terminated prior to achievement of Appointed Dateeighty) days, the Concessionaire shall be reimbursed entitled to Damages for the cost period of utility delay in accordance with following formula :- Amount of Damages in Rs. per day per metre = 0.10 x C x 1/L x 1/N Where C = the Contract Price; L = length of the total Project in metres; and N = Completion period in days (Appointed Date to Scheduled Completion Date) In the event that any Damages are due and payable to the Concessionaire under the provisions of this Clause for delay in shifting carried out during Development Period the utility, the Concessionaire shall, subject to the provisions of Clause 11.4, be entitled to Time Extension equal to the period for which the Damages have become due and payable under this Clause , save and except that: (a) if any delays involve time overlaps, the overlaps shall not be additive; and (b) such Time Extension shall be restricted only to the Works which are affected by the Authority after due certification by delay in providing the Authorized Representative Right of the Authority. For the purpose of such reimbursement, the rates in the approved estimates by the concerned utility department shall be paid as per actual work carried out at siteWay. For the avoidance of doubt, the Concessionaire would be reimbursed Parties expressly agree that the cost of utility shifting only in case of termination prior to Appointed Date Damages specified hereunder and only if it carry out the utility shifting as envisaged Time Extension specified in Clause 11.2.111.4 shall be restricted only to failure of the Authority to provide the Right of Way for and in respect of the width of the Site required for Works in accordance with the Good Industry Practice.

Shifting of obstructing utilities. 11.2.1 The Concessionaire shall, subject to Applicable Laws and with assistance of the Authority, undertake shifting of any utility (including electric lines, water pipes and telephone cables), to an appropriate location or alignment, alignment within r outside the Site if and only if such utility causes or obstruction adversely affects shall cause a material adverse effect on the execution of Works operation or maintenance of the Project Highway in accordance with this Agreement, as per the scope given in Schedule B and in accordance with applicable standards and specifications of concerned utility owning entityHighway. The cost of such shifting of such, utilities indicated in Schedule-B is payable to the Concessionaire as part of Bid Project Cost. Cost of shifting utilities not included in the Schedule B, if any, shall be treated as Change of Scope.. The borne by the Authority will provide assistance to the Concessionaire for obtaining the estimates for shifting of such utilities from or by the entity owning such electric linesutility, water pipes or telephone cables, as the case may be. The Concessionaire shall execute such utility shifting works under the supervision of utility owning agency and Independent Engineer (IE) in accordance with the provision of Agreement. The supervision charges only shall be paid by if the Authority to the Utility Owning Entity. In so directs, and in the event of any delay in shifting thereof, the Concessionaire shall be responsible excused for failure to perform any of its obligations hereunder if such failure is not as a direct consequence of any delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The dismantled material/ scrap Concessionaire shall allow, subject to such conditions as the Authority may specify, access to, and use of existing Utility to be shifted/ dismantled shall belong the site for laying telephone lines, water pipes, electric cables or such other utilities. Where such access or use causes any financial loss to the Concessionaire who would be free to dispose-off Concessionaire, it may require the dismantled material as deemed fit by them. The work of shifting of utilities can be taken up by the Concessionaire any time after signing user of the Agreement. 11.2.2 In case Appointed Date is not achieved and the Concession Agreement is terminated prior Site to achievement of Appointed Date, the Concessionaire shall be reimbursed the cost of utility shifting carried out during Development Period by the Authority after due certification by the Authorized Representative of the Authority. For the purpose of such reimbursement, the rates in the approved estimates by the concerned utility department shall be paid pay compensation or damages as per actual work carried out at siteApplicable Laws. For the avoidance of doubt, it agreed that use of the Site under this Clause shall not in any manner relieve the Concessionaire would of its obligation to maintain the Project Highway in accordance with this Agreement and any damage caused by such use shall be reimbursed restored forthwith. In case the cost Authority requires the connection of utility shifting only any adjoining road to the Project Highway or to connect, through a paved road, any adjoining service station, hotel, motel or any other public facility or amenity to the Project Highway, it shall issue to the Concessionaire a notice specifying in case reasonable detail the works required thereunder and notwithstanding anything to the contrary contained in this Article, the provisions of termination Article 21 shall apply to such request of the Authority. It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder as per good industry practice. The works undertaken in accordance with this Clause shall be carried out in a manner that minimizes the disruption in operation of the Project Highway. For the avoidance of doubt, any connecting road constructed prior to the Appointed Date and only if it carry out falling within the utility shifting as envisaged Site shall be maintained by the Concessionaire upon advance payment to be made by the beneficiary entity in Clause 11.2.1accordance with the provisions of this Clause. For the avoidance of doubt, any connecting road constructed prior to the appointed Date and falling within the Site shall be maintained by the concessionaire upon advance payment to be made by the beneficiary entity in accordance with the provisions of this Clause.