Common use of Berth and Terminal Operations Clause in Contracts

Berth and Terminal Operations. The Concessionaire shall: (a) promptly commence operations upon the Project Facilities and Services being declared by the Concessioning Authority as ready for operations; (b) make efforts to maximise cargo handled so as to achieve optimal utilization of the Project Facilities and Services; (c) ensure compliance of the Project Facilities and Services at least with the Project Requirements; (d) ensure compliance of the Project Facilities and Services at least with the Performance Standards; (e) ensure that the Project Facilities and Services shall adhere to the Operations and Maintenance Standards and Safety Standards and there is safe, smooth and uninterrupted flow of traffic normal operating conditions; (f) minimise disruption to traffic in the event of accidents or other incidents affecting the safety and use of the Project Facilities and Services by providing a rapid and effective response and maintaining liaison with emergency services of the Concessioning Authority or other agencies; (g) make available all necessary financial, technical, technological, managerial and other resources for operation, maintenance, repair and replacement of the Project Facilities and Services in a timely manner; (h) except for the priority and preferential berthing that may be authorized in terms of guidelines issued by the Government from time to time, manage and operate the Project Facilities and Services on a first come - first serve, common-user basis, open to any and all shipping lines, importers, exporters, shippers, consignees and receivers, and refrain from indulging in any unfair or discriminatory practice against any user or potential user thereof; (i) ensure maintenance of proper and accurate record/data/accounts relating to operations of the Project Facilities and Services and the revenue earned therefrom; (j) obtain, maintain and comply with Applicable Permits and comply with the Applicable Laws including those relating but not limited to dock side safety, health, environment and labour; (k) subject to the provisions of this Agreement, perform, undertake or provide, in connection with the Project, all services which the Concessioning Authority is authorized to perform, undertake or provide under the provisions of the (l) prevent, with the assistance of concerned law enforcement agencies, any encroachment or unauthorized use of the Project Facilities and Services.

Berth and Terminal Operations. The Concessionaire shall: (a) promptly commence operations upon the Project Facilities and Services being declared by the Concessioning Authority as ready for operations; (b) make efforts to maximise cargo handled so as to achieve optimal utilization of the Project Facilities and Services; (c) ensure compliance of the Project Facilities and Services at least with as per the Project RequirementsScope of Work.; (d) ensure compliance be free to deploy higher capacity equipment/facilities/ technology, etc. and induct new technology and carry out value engineering for improved productivity and/or improved utilization and/or cost saving of Project assets during the Project Facilities and Services at least with the Performance Standardsconcession period; (e) ensure that the Project Facilities and Services shall adhere to the Operations and Maintenance Standards and Safety Standards and there is safe, smooth and uninterrupted flow of traffic normal operating conditions; (f) minimise disruption to traffic in the event of accidents or other incidents affecting the safety and use of the Project Facilities and Services by providing a rapid and effective response and maintaining liaison with emergency services of the Concessioning Authority or other agencies; (g) make available all necessary financial, technical, technological, managerial and other resources for operation, maintenance, repair and replacement of the Project Facilities and Services in a timely manner; (h) except for the priority and preferential berthing that may be authorized in terms of guidelines issued by the Government from time to time, manage and operate the Project Facilities and Services on a first come - first serve, common-user basis, open to any and all shipping lines, importers, exporters, shippers, consignees and receivers, and refrain from indulging in any unfair or discriminatory practice against any user or potential user thereof; (i) ensure maintenance of proper and accurate record/data/accounts relating to operations of the Project Facilities and Services and the revenue earned therefromthere from; (ji) obtain, maintain and comply with Applicable Permits and comply with the Applicable Laws including those relating but not limited to dock side safety, health, environment and labour; (kj) subject to the provisions of this Agreement, perform, undertake or provide, in connection with the Project, all services which the Concessioning Authority is authorized to perform, undertake or provide under the provisions of thethe MPA Act; and (lk) prevent, with the assistance of concerned law enforcement agencies, any encroachment or unauthorized use of the Project Facilities and Services.

Berth and Terminal Operations. The Concessionaire shall: (a) promptly commence operations upon the Project Facilities and Services being declared by the Concessioning Authority as ready for operations; (b) make efforts to maximise cargo handled so as to achieve optimal utilization of the Project Facilities and Facilitiesand Services; (c) ensure compliance of the Project Facilities and Services at least with as per the Project RequirementsScope of Work.; (d) ensure compliance be free to deploy higher capacity equipment/facilities/ technology, etc. and induct new technologyand carry out value engineering for improved productivity and/or improved utilization and/or costsaving of Project assets during the Project Facilities and Services at least with the Performance Standardsconcession period; (e) ensure that the Project Facilities and Services shall adhere to the Operations and Maintenance Standards MaintenanceStandards and Safety Standards and there is safe, smooth and uninterrupted flow of traffic normal operating conditions; (f) minimise disruption to traffic in the event of accidents or other incidents affecting the safety and use anduse of the Project Facilities and Services by providing a rapid and effective response and maintaining andmaintaining liaison with emergency services of the Concessioning Authority or other agencies; (g) make available all necessary financial, technical, technological, managerial and other resources for operation, maintenance, repair and replacement of the Project Facilities and Services in a timely atimely manner; (h) except for the priority and preferential berthing that may be authorized in terms of guidelines issued by the Government from time to time, manage and operate the Project Facilities and Services on a first come - first serve, common-user basis, open to any and all shipping lines, importers, exporters, shippers, consignees and receivers, and refrain from indulging in any unfair or discriminatory practice against any user or potential user thereof; (i) ensure maintenance of proper and accurate record/data/accounts relating to operations of the Project theProject Facilities and Services and the revenue earned therefromthere from; (ji) obtain, maintain and comply with Applicable Permits and comply with the Applicable Laws including those relating but not limited to dock side safety, health, environment and labour; (kj) subject to the provisions theprovisions of this Agreement, perform, undertake or provide, in connection with the connectionwiththe Project, all services which the Concessioning Authority is authorized to perform, undertake or provide under the orprovide underthe provisions of thethe MPA Act; and (lk) prevent, with the assistance of concerned law enforcement agencies, any encroachment or unauthorized use of the Project Facilities and Services. l) Carryout maintenance dredging during the operation phase as and when required in the basin infront of NCB III/ within dredge boundary of NCB III at the levels agreed under this Agreement at his own cost and risk. Subject to minimum inconvenience to or dislocation of the Project Facilities and Services of the Port. The Concessionaire shall submit Bathymetry chart of basin infront of NCB III/ within dredge boundary of NCB III on annual basis.

Berth and Terminal Operations. The Concessionaire shall: (a) promptly commence operations upon the Project Facilities and Services being declared by the Concessioning Authority as ready for operations; (b) make efforts to maximise cargo handled so as to achieve optimal utilization of the Project Facilities and Services; (c) ensure compliance of the Project Facilities and Services at least with the Project Requirements; (d) ensure compliance of the Project Facilities and Services at least with the Performance Standardsdeleted; (e) ensure that the Project Facilities and Services shall adhere to the Operations and Maintenance Standards and Safety Standards and there is safe, smooth and uninterrupted flow of traffic normal operating conditions; (f) minimise disruption to traffic in the event of accidents or other incidents affecting the safety and use of the Project Facilities and Services by providing a rapid and effective response and maintaining liaison with emergency services of the Concessioning Authority or other agencies; (g) make available all necessary financial, technical, technological, managerial and other resources for operation, maintenance, repair and replacement of the Project Facilities and Services in a timely manner; (h) have the first right for berthing their barges for Captive Use on this jetty except for the priority and preferential berthing that may be authorized in terms of guidelines issued by the Government from time to time, to manage and operate the Project Facilities and Services on a first come - first serve, common-user basis, open to any and all shipping lines, importers, exporters, shippers, consignees and receivers, and refrain from indulging in any unfair or discriminatory practice against any user or potential user thereofServices; (i) ensure maintenance of proper and accurate record/data/accounts relating to operations of the Project Facilities and Services and the revenue earned therefrom; (j) obtain, maintain and comply with Applicable Permits and comply with the Applicable Laws including those relating but not limited to dock side safety, health, environment and labour; (k) subject to the provisions of this Agreement, perform, undertake or provide, in connection with the Project, all services which the Concessioning Authority is authorized to perform, undertake or provide under the provisions of thethe MPT Act; and (l) prevent, with the assistance of concerned law enforcement agencies, any encroachment or unauthorized use of the Project Facilities and Services. (m) undertake capital dredging along the approach and the Barge Jetty at -4m

Berth and Terminal Operations. The Concessionaire shall: (a) promptly commence operations upon the Project Facilities and Services being declared by the Concessioning Authority as ready for operations; (b) make efforts to maximise cargo handled so as to achieve optimal utilization of the Project Facilities and Services; (c) ensure compliance of the Project Facilities and Services at least with as per the Project RequirementsScope of Work.; (d) ensure compliance be free to deploy higher capacity equipment/facilities/ technology, etc. and induct new technology and carry out value engineering for improved productivity and/or improved utilization and/or cost saving of Project assets during the Project Facilities and Services at least with the Performance Standardsconcession period; (e) ensure that the Project Facilities and Services shall adhere to the Operations and Maintenance Standards and Safety Standards and there is safe, smooth and uninterrupted flow of traffic normal operating conditions; (f) minimise disruption to traffic in the event of accidents or other incidents affecting the safety and use of the Project Facilities and Services by providing a rapid and effective response and maintaining liaison with emergency services of the Concessioning Authority or other agencies; (g) make available all necessary financial, technical, technological, managerial and other resources for operation, maintenance, repair and replacement of the Project Facilities and Services in a timely manner; (h) except for the priority and preferential berthing that may be authorized in terms of guidelines issued by the Government from time to time, manage and operate the Project Facilities and Services on a first come - first serve, common-user basis, open to any and all shipping lines, importers, exporters, shippers, consignees and receivers, and refrain from indulging in any unfair or discriminatory practice against any user or potential user thereof; (i) ensure maintenance of proper and accurate record/data/accounts relating to operations of the Project Facilities and Services and the revenue earned therefrom; (ji) obtain, maintain and comply with Applicable Permits and comply with the Applicable Laws including those relating but not limited to dock side safety, health, environment and labour; (kj) subject to the provisions of this Agreement, perform, undertake or provide, in connection with the Project, all services which the Concessioning Authority is authorized to perform, undertake or provide under the provisions of thethe MPA Act; and (lk) prevent, with the assistance of concerned law enforcement agencies, any encroachment or unauthorized use of the Project Facilities and Services.

Berth and Terminal Operations. The Concessionaire shall: (a) promptly commence operations upon the Project Facilities and Services being declared by the Concessioning Authority as ready for operations; (b) make efforts to maximise cargo handled so as to achieve optimal utilization of the Project Facilities and Facilitiesand Services; (c) ensure compliance of the Project Facilities and Services at least with as per the Project RequirementsScope of Work.; (d) ensure compliance be free to deploy higher capacity equipment/facilities/ technology, etc. and induct new technologyand carry out value engineering for improved productivity and/or improved utilization and/or costsaving of Project assets during the Project Facilities and Services at least with the Performance Standardsconcession period; (e) ensure that the Project Facilities and Services shall adhere to the Operations and Maintenance Standards MaintenanceStandards and Safety Standards and there is safe, smooth and uninterrupted flow of traffic normal operating conditions; (f) minimise disruption to traffic in the event of accidents or other incidents affecting the safety and use anduse of the Project Facilities and Services by providing a rapid and effective response and maintaining andmaintaining liaison with emergency services of the Concessioning Authority or other agencies; (g) make available all necessary financial, technical, technological, managerial and other resources for operation, maintenance, repair and replacement of the Project Facilities and Services in a timely atimely manner; (h) except for the priority and preferential berthing that may be authorized in terms of guidelines issued by the Government from time to time, manage and operate the Project Facilities and Services on a first come - first serve, common-user basis, open to any and all shipping lines, importers, exporters, shippers, consignees and receivers, and refrain from indulging in any unfair or discriminatory practice against any user or potential user thereof; (i) ensure maintenance of proper and accurate record/data/accounts relating to operations of the Project theProject Facilities and Services and the revenue earned therefromthere from; (ji) obtain, maintain and comply with Applicable Permits and comply with the Applicable Laws including those relating but not limited to dock side safety, health, environment and labour; (kj) subject to the provisions theprovisions of this Agreement, perform, undertake or provide, in connection with the connectionwiththe Project, all services which the Concessioning Authority is authorized to perform, undertake or provide under the orprovide underthe provisions of thethe MPA Act; and (lk) prevent, with the assistance of concerned law enforcement agencies, any encroachment or unauthorized use of the Project Facilities and Services.

Berth and Terminal Operations. The Concessionaire shall: (a) promptly commence operations upon the Project Facilities and Services being declared by the Concessioning Authority as ready for operations; (b) make efforts to maximise cargo handled so as to achieve optimal utilization of the Project Facilities and Services; (c) ensure compliance of the Project Facilities and Services at least with as per the Project RequirementsScope of Work.; (d) ensure compliance be free to deploy higher capacity equipment/facilities/ technology, etc. and induct new technology and carry out value engineering for improved productivity and/or improved utilization and/or cost saving of Project assets during the Project Facilities and Services at least with the Performance Standardsconcession period; (e) ensure that the Project Facilities and Services shall adhere to the Operations and Maintenance Standards and Safety Standards and there is safe, smooth and uninterrupted flow of traffic normal operating conditions; (f) minimise disruption to traffic in the event of accidents or other incidents affecting the safety and use of the Project Facilities and Services by providing a rapid and effective response and maintaining liaison with emergency services of the Concessioning Authority or other agencies; (g) make available all necessary financial, technical, technological, managerial and other resources for operation, maintenance, repair and replacement of the Project Facilities and Services in a timely manner; (h) except for the priority and preferential berthing that may be authorized in terms of guidelines issued by the Government from time to time, manage and operate the Project Facilities and Services on a first come - first serve, common-user basis, open to any and all shipping lines, importers, exporters, shippers, consignees and receivers, and refrain from indulging in any unfair or discriminatory practice against any user or potential user thereof; (i) ensure maintenance of proper and accurate record/data/accounts relating to operations of the Project Facilities and Services and the revenue earned therefrom; (ji) obtain, maintain and comply with Applicable Permits and comply with the Applicable Laws including those relating but not limited to dock side safety, health, environment and labour; (kj) subject to the provisions of this Agreement, perform, undertake or provide, in connection with the Project, all services which the Concessioning Authority is authorized to perform, undertake or provide under the provisions of thethe MPT Act; and (lk) prevent, with the assistance of concerned law enforcement agencies, any encroachment or unauthorized use of the Project Facilities and Services.