Common use of Third Party Verification Clause in Contracts

Third Party Verification. 4.8.1 The SPD shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to NVVN and a third Party nominated by any Indian Governmental Instrumentality for inspection and verification of the works being carried out by the SPD at the site of the Power Project. 4.8.2 The third party may verify the construction works/operation of the Power Project being carried out by the SPD and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from SPD or require the works to be stopped or to comply with the instructions of such third party. 4.8.3 The third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below [Insert value i.e. 5% less than CUF] or if it is found that the SPD has not been able to maintain a CUF of [Insert value i.e. 3% less than CUF] for a consecutive/non consecutive period of three (3) months during a Contract Year on account of reasons solely attributable to SPD, the SPD shall be liable for non fulfillment of its obligation. The liability shall be equal to the amount levied by the Discom on NNVN for non supply of power by NVVN which in turn shall have the right to assign such liability to the SPD under this Agreement.

Third Party Verification. 4.8.1 The SPD shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to NVVN SECI and a third Party nominated by any Indian Governmental Instrumentality for inspection and verification of the works being carried out by the SPD at the site of the Power Project. 4.8.2 The third party may verify the construction works/operation of the Power Project being carried out by the SPD and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from SPD or require the works to be stopped or to comply with the instructions of such third party. 4.8.3 The third party may carry out checks for testing the CUF of the Power Project. During any quarter of a Contract Year, if the CUF of the Power Project is found to be below …….. [Insert value i.e. 57% less than declared CUF] or if it is found that the SPD has not been able to maintain a CUF of [Insert value i.e. 3% less than CUF] for a consecutive/non consecutive period of three (3) months during a Contract Year on account of reasons solely attributable to SPD, the SPD shall be liable for non non-fulfillment of its obligation. The liability shall be equal to the amount levied by the Discom Buying Utilities on NNVN SECI for non non- supply of power by NVVN SECI which in turn shall have the right to assign such liability to the SPD under this Agreement.

Third Party Verification. 4.8.1 The SPD shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to NVVN NTPC and a third Party nominated by any Indian Governmental Instrumentality for inspection and verification of the works being carried out by the SPD at the site of the Power Project. 4.8.2 The third party may verify the construction works/operation of the Power Project being carried out by the SPD and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from SPD or require the works to be stopped or to comply with the instructions of such third party. 4.8.3 The third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below … [Insert insert value i.e. i.e., 5% less than CUF] or if it is found that the SPD has not been able to maintain a CUF of …. [Insert value i.e. i.e., 3% less than CUF] for a consecutive/non consecutive period of three (3) months during a Contract Year on account of reasons solely attributable to SPD, the SPD shall be liable for non non-fulfillment of its obligation. The liability shall be equal to the amount levied by the Discom on NNVN NTPC for non non-supply of power by NVVN NTPC which in turn shall have the right to assign such liability to the SPD under this Agreement.

Third Party Verification. 4.8.1 The SPD shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to NVVN and NTPC and/or a third Party nominated by any Indian Governmental Instrumentality Instrumentality/NTPC for inspection and verification of the works being carried out by the SPD at the site of the Power Project. 4.8.2 The NTPC/ third party may verify the construction works/operation of the Power Project being carried out by the SPD and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from SPD or require the works to be stopped or to comply with the instructions of such third party. 4.8.3 The NTPC/ third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below … [Insert insert value i.e. i.e., 5% less than CUF] or if it is found that the SPD has not been able to maintain a CUF of …. [Insert value i.e. i.e., 3% less than CUF] for a consecutive/non consecutive period of three (3) months during a Contract Year on account of reasons solely attributable to SPD, the SPD shall be liable for non non-fulfillment of its obligation. The liability shall be equal to the amount levied by the Discom on NNVN NTPC for non non-supply of power by NVVN NTPC which in turn shall have the right to assign such liability to the SPD under this Agreement.

Third Party Verification. 4.8.1 The SPD shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to NVVN and NTPC and/ or a third Party nominated by any Indian Governmental Instrumentality Instrumentality/NTPC for inspection and verification of the works being carried out by the SPD at the site of the Power Project. 4.8.2 The NTPC/ third party may verify the construction works/operation of the Power Project being carried out by the SPD and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from SPD or require the works to be stopped or to comply with the instructions of such third party. 4.8.3 The NTPC/ third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below … [Insert insert value i.e. i.e., 5% less than CUF] or if it is found that the SPD has not been able to maintain a CUF of …. [Insert value i.e. i.e., 3% less than CUF] for a consecutive/non consecutive period of three (3) months during a Contract Year on account of reasons solely attributable to SPD, the SPD shall be liable for non non-fulfillment of its obligation. The liability shall be equal to the amount levied by the Discom on NNVN NTPC for non non-supply of power by NVVN NTPC which in turn shall have the right to assign such liability to the SPD under this Agreement.

Third Party Verification. 4.8.1 The SPD shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to NVVN Electricity Department Daman and a third Party nominated by any Indian Governmental Instrumentality for inspection and verification of the works being carried out by the SPD at the site of the Power Project. 4.8.2 The third party may verify the construction works/operation of the Power Project being carried out by the SPD and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from SPD or require the works to be stopped or to comply with the instructions of such third party. 4.8.3 The third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below …….. [Insert value i.e. 5% less than CUF] or if it is found that the SPD has not been able to maintain a CUF of ……… [Insert value i.e. 3% less than CUF] for a consecutive/non consecutive period of three (3) months during a Contract Year on account of reasons solely attributable to SPD, the SPD shall be liable for non fulfillment of its obligation. The liability shall be equal to the amount levied by the Discom on NNVN Electricity Department Daman for non supply of power by NVVN Electricity Department Daman which in turn shall have the right to assign such liability to the SPD under this Agreement.