Common use of Completion Certificate Clause in Contracts

Completion Certificate. 14.1.1 No later than 30 (thirty) days prior to expected completion date of the Project, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project to Tests. The date and time of each of the Test shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice for determining the compliance of the Project with Specifications and Standards.

Completion Certificate. ‌ 14.1 Tests‌ 14.1.1 No later than At least 30 (thirty) days prior to expected the likely completion date of the ProjectBus Terminal and Commercial Complex, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project Bus Terminal/ Commercial Complex (as the case may be) to Tests. The date and time of each of the Test Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. I. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project Bus Terminal/ Commercial Complex (as the case may be) with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project Bus Terminal/ Commercial Complex (as the case may be) or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project with Specifications and Standards.

Completion Certificate. 14.1.1 No later than 30 (thirty) days prior to expected the likely completion date of the ProjectProject Highway, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project Highway to Tests. The date and time of each of the Test Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall impose exemplary penalties on the Independent Engineer and shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project Highway with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project Highway or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project Highway with Specifications and Standards.

Completion Certificate. 14.1.1 No later than At least 30 (thirty) days prior to expected the likely completion date of the ProjectProject Highway, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project Highway to Tests. The date and time of each of the Test Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days days’ notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. I. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project Highway with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project Highway or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project Highway with Specifications and Standards.

Completion Certificate. 14.1.1 No later than (i) At least 30 (thirty) days prior to expected the likely completion date of the ProjectProject Highway, or a Section thereof, the Concessionaire Contractor shall notify the Independent Authority’s Engineer of its intent to subject the Project Highway or a Section thereof, to Tests. The date and time of each of the Test Tests shall be determined by the Independent Authority’s Engineer in consultation with the ConcessionaireContractor, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire Contractor shall either conduct the Tests as directed by the Authority’s Engineer or provide such assistance as the Independent Authority’s Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire Contractor and the Independent Authority’s Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire Contractor shall fix the dates by giving not less than 10 (ten) days days’ notice to the Independent Authority’s Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 (ii) All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. K. The Independent Authority’s Engineer shall either conduct or observe, monitor and review the Tests conducted by the Contractor, as the case may be, and review the results of the Tests to determine compliance of the Project Highway or a Section thereof, with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Authority’s Engineer during the course of any Test that the performance of the Project Highway or Section or any part thereof thereof, does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire Contractor to remedy and rectify the defects Defect or deficiencies. Upon completion of each Test, the Independent Authority’s Engineer shall provide to the Concessionaire Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Authority’s Engineer may require the Concessionaire Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project Highway or Section thereof with the Specifications and Standards.

Completion Certificate. 14.1.1 13.1.1 No later than 30 (thirty) days prior to expected the likely completion date of the Project, the Concessionaire shall prepare and submit to the Authority’s Engineer the Documents required for seeking approval of the Commissioner of Railway Safety ( the “CRS”) in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual or the Indian Railways Manual of A.C. Traction, as the case may be, and notify the Independent Authority’s Engineer of its intent to subject the Project to Tests. The After ensuring and procuring that the Documents required to be submitted to the CRS in order to meet the requirements of Applicable Laws, the Authority’s Engineer shall, in consultation with the Concessionaire, determine the date and time of each of the Test shall be determined by the Independent Engineer in consultation with the ConcessionaireTests, and notified to inform the Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Authority’s Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Authority’s Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by giving not less than 10 (ten) days days’ notice to the Independent Authority’s Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 13.1.2 All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire; provided, however, that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Independent Authority’s Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Authority’s Engineer during the course of any Test that the performance of the Project or any part thereof thereof, does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects defect or deficiencies. Upon completion of each Test, the Independent Authority’s Engineer shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Authority’s Engineer may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project with Specifications and Standards.

Completion Certificate. 14.1.1 No later than Tests At least 30 (thirty) days prior to expected the likely completion date of the ProjectStorage Facility, the Concessionaire shall notify the Independent Engineer Expert of its intent to subject the Project Storage Facility to Tests. The date and time of each of the Test Tests shall be determined by the Independent Engineer Expert in consultation with the Concessionaire, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer Expert may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer Expert failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days days’ notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 Expert. All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. Schedule K. The Independent Engineer Expert shall observe, monitor and review the results of the Tests to determine compliance of the Project Storage Facility with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer Expert during the course of any Test that the performance of the Project Storage Facility or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer Expert shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer Expert may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project Storage Facility with Specifications and Standards. Completion Certificate Upon completion of Construction Works and the Independent Expert determining the Tests to be successful, it shall forthwith issue to the Concessionaire and the Authority a certificate substantially in the form set forth in Schedule O (the “Completion Certificate”). Provisional Certificate The Independent Expert may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Annex – I of Schedule O (the “Provisional Certificate”) if the Tests are successful and the Storage Facility can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Expert and the Concessionaire (the “Punch List”); provided that the Independent Expert shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Authority. The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3.2 may, upon request of the Concessionaire to this effect, be issued if the Tests undertaken in terms hereof establish that the Storage Facility can be safely and reliably placed in commercial operation in accordance with the provisions of Clause 14.3.1. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part. Completion of Punch List items All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to recover Damages from the Concessionaire to be calculated and paid for each day of delay until all items are completed, at the lower of (a) 0.1% (zero point one per cent) of the Performance Security, and (b) 0.2% (zero point two per cent) of the cost of completing such items as estimated by the Independent Expert. Subject to payment of such Damages, the Concessionaire shall be entitled to a further period not exceeding 120 (one hundred and twenty) days for completion of the Punch List items. For the avoidance of doubt, it is agreed that if completion of any item is delayed for reasons solely attributable to the Authority or due to Force Majeure, the completion date thereof shall be determined by the Independent Expert in accordance with Good Industry Practice, and such completion date shall be deemed to be the date of issue of the Provisional Certificate for the purposes of Damages, if any, payable for such item under this Clause 14.4.1. Upon completion of all Punch List items, the Independent Expert shall issue the Completion Certificate. Failure of the Concessionaire to complete all the Punch List items within the extended time set forth in Clause 14.4.1 for any reason, other than conditions constituting Force Majeure or for reasons solely attributable to the Authority and failure of the Concessionaire to pay the damages as set forth in Clause 14.4.1, shall entitle the Authority to terminate this Agreement. Notwithstanding anything to the contrary contained in Clause 14.4.2, the Parties hereto expressly agree that the Completion Certificate shall, subject to the provisions of this Agreement, be issued if the tested storage capacity is capable of providing at least 90% (ninety per cent) of the Storage Capacity; provided, however, that for every shortfall of 1% (one per cent) or part thereof in the Availability, the Fixed Storage Charge set forth in Clause 25.1 shall be deemed to be reduced by 1.5% (one point five per cent) thereof; provided further that upon reduction of the Fixed Charge hereunder, the Storage Capacity shall be deemed to be reduced in accordance with the capacity specified in the Completion Certificate and the provisions of this Agreement shall apply as if the Storage Capacity is the capacity determined hereunder. For the avoidance of doubt, the Concessionaire may at any time rectify the shortfall hereunder and require the Independent Expert to issue a revised Completion Certificate under and in accordance with this Article 14 and the revised Completion Certificate, if any, shall be deemed to be the Completion Certificate, from the date thereof, for the purposes of this Agreement, including the determination of Fixed Storage Charges Withholding of Provisional Certificate If the Independent Expert determines that the Storage Facility or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Expert and after conducting its own inspection, if the Authority is of the opinion that the Storage Facility is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Storage Facility and direct the Independent Expert to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified. Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Expert under that Xxxxxx, direct the Independent Expert to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith. Rescheduling of Tests If the Independent Expert certifies to the Authority and the Concessionaire that it is unable to issue the Completion Certificate or Provisional Certificate, as the case may be, because of events or circumstances on account of which the Tests could not be held or had to be suspended, the Concessionaire shall be entitled to re- schedule the Tests and hold the same as soon as reasonably practicable. Safety certification prior to COD The Concessionaire shall, not later than 1 (one) month prior to the likely COD, notify the Authority and the Independent Expert of the compliance of Safety Requirements and invite them to observe any or all the tests that may be specified by the Independent Expert in accordance with Applicable Laws and Good Industry Practice to determine and certify that the Storage Facility is safe for entering into commercial service, and the costs of such tests shall be shared equally between the Concessionaire and the Authority; provided that in case of failure in any test requiring repetition thereof, the cost of such second or subsequent test shall be borne entirely by the Concessionaire.

Completion Certificate. 14.1.1 No later than At least 30 (thirty) days prior to expected the likely completion date of the ProjectEquipping Works, the Concessionaire shall notify the Independent Engineer Monitor of its intent to subject the Project Equipping Works to Tests. The date and time of each of the Test Tests shall be determined by the Independent Engineer Monitor in consultation with the Concessionaire, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer Monitor may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer Monitor failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereofMonitor. 14.1.2 All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. I. The Independent Engineer Monitor shall observe, monitor and review the results of the Tests to determine compliance of the Project with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer Monitor during the course of any Test that the performance of the Project or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer Monitor shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer Monitor may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project with Specifications and Standards.

Completion Certificate. 14.1.1 No later than At least 30 (thirty) days prior to expected the likely completion date of the ProjectBus Terminal and Commercial Complex, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project Bus Terminal/ Commercial Complex (as the case may be) to Tests. The date and time of each of the Test Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. I. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project Bus Terminal/ Commercial Complex (as the case may be) with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project Bus Terminal/ Commercial Complex (as the case may be) or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project with Specifications and Standards.

Completion Certificate. 14.1 Tests 14.1.1 No later than At least 30 (thirty) days prior to expected the likely completion date of the ProjectProject Road, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project Road to Tests. The date and time of each of the Test Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the ConcessionaireSchedule-1. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project Road with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project Road or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project Road with Specifications and Standards.

Completion Certificate. 14.1.1 i. No later than 30 (thirty) days prior to expected the likely completion date of the ProjectProject Facility, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project Facility to Teststests. The date and time of each of the Test tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Concessioning Authority who may designate its representative to witness the Teststests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Teststests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 ii. All Tests tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. The Independent Engineer shall observe, monitor and review the results of the Tests tests to determine compliance of the Project Facility with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test test that the performance of the Project Facility or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Testtest, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test test data including detailed Test test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out additional Teststests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project Facility with Specifications and Standards. iii. Upon completion of Project works, and the Independent Engineer determining the Tests to be successful, it shall forthwith issue to the Concessionaire and the Authority a certificate substantially in the form set forth in Schedule-10 (the “Completion Certificate”). iv. The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-10 (the “Provisional Certificate”) if the tests are successful and the Project Facility can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Authority. v. The Parties hereto expressly agree that a Provisional Certificate under this Clause may, upon request of the Concessionaire to this effect, be issued if the tests undertaken in terms hereof establish that the Project Facility can be safely and reliably placed in commercial operation in accordance with the provisions of Clause 2.8.1.iv. vi. All items in the Punch List, shall be completed or rectified, as the case may be, by the Concessionaire within 30 (thirty) days of the date of issue of the Provisional Certificate. Upon completion of all Punch List items, the Independent Engineer shall issue the Completion Certificate. Failure of the Concessionaire to complete all the Punch List items within the time set forth in this Clause for any reason, other than conditions constituting Force Majeure or for reasons solely attributable to the Authority, shall entitle the Authority to terminate this Agreement. vii. The Project Facility shall be deemed to be complete when the Completion Certificate or the Provisional Certificate, as the case may be, is issued under the provisions of Clause 2.8.1.iii and 2.8.1.iv respectively and the commercial operation date of the Project Facility shall be the date on which such Completion Certificate or the Provisional Certificate is issued (the “COD”)

Completion Certificate. 14.1.1 No later than 30 12.1 Tests onCompletion‌ (thirtyi) At least 15 (fifteen) days prior to expected the likely completion date of the ProjectProject Highway, or a Section thereof, the Concessionaire Contractor shall notify the Independent Authority’s Engineer of its intent to subject the Project Highway or a Section thereof, to Tests. The date and time of each of the Test Tests shall be determined by the Independent Authority’s Engineer in consultation with the ConcessionaireContractor, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire Contractor shall either conduct the Tests as directed by the Authority’s Engineer or provide such assistance as the Independent Authority’s Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire Contractor and the Independent Authority’s Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire Contractor shall fix the dates by giving not less than 10 (ten) days days’ notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereofAuthority’sEngineer. 14.1.2 (ii) All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. K. The Independent Authority’s Engineer shall either conduct or observe, monitor and review the Tests conducted by the Contractor, as the case may be, and review the results of the Tests to determine compliance of the Project Highway or a Section thereof, with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Authority’s Engineer during the course of any Test that the performance of the Project Highway or Section or any part thereof thereof, does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and havetherighttosuspendordelaysuchTestandrequiretheContractortoremedyand rectify the defects Defect or deficiencies. Upon completion of each Test, the Independent Authority’s Engineer shall provide to the Concessionaire Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Authority’s Engineer may require the Concessionaire Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project Highway or Section thereof with the Specifications and StandardsandStandards.

Completion Certificate. 14.1.1 No later than 30 (thirty) days prior to expected the likely completion date of the Project, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project to Tests. The date and time of each of the Test Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days days‟ notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall impose exemplary penalties on the Independent Engineer and shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project with Specifications and Standards.

Completion Certificate. 14.1.1 No later than At least 30 (thirty) days prior to expected the likely completion date of the ProjectProject Highway, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project Highway to Tests. The date and time of each of the Test Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days days’ notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 . All Tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. I. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project Highway with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project Highway or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project Highway with Specifications and Standards. Completion Certificate Upon completion of Construction Works and the Independent Engineer determining the Tests to be successful, it shall forthwith issue to the Concessionaire and the Authority a certificate substantially in the form set forth in Schedule-J (the “Completion Certificate”). Provisional Certificate Subject to the provisions of Clause 14.3.2, the Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the “Provisional Certificate”) if the Tests are successful and the Project Highway can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is due to is attributable to the Authority; provided further that the Punch List shall also include the cost of completion for each of the outstanding items. The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project Highway, if the Concessionaire has completed construction of 90% (Ninety per cent) of the Site made available to it up to 180 days from the Appointed Date. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Project shall be construed accordingly. Completion of Punch List items All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to recover Damages from the Concessionaire to be calculated and paid for each day of delay until all items are completed, at the lower of (a) 0.1% (zero point one per cent) of the Performance Security, and (b) 0.2% (zero point two per cent) of the cost of completing such items as estimated by the Independent Engineer. Subject to payment of such Damages, the Concessionaire shall be entitled to a further period not exceeding 120 (one hundred and twenty) days for completion of the Punch List items. For the avoidance of doubt, it is agreed that if completion of any item is delayed for reasons solely attributable to the Authority or due to Force Majeure, the completion date thereof shall be determined by the Independent Engineer in accordance with Good Industry Practice, and such completion date shall be deemed to be the date of issue of the Provisional Certificate for the purposes of Damages, if any, payable for such item under this Clause 14.4.1. Upon completion of all Punch List items, the Independent Engineer shall issue the Completion Certificate. Failure of the Concessionaire to complete all the Punch List items within the time set forth in Clause 14.4.1 for any reason, other than conditions constituting Force Majeure or for reasons solely attributable to the Authority, shall entitle the Authority at its discretion to get the Punch List items completed at the risk and cost of the Concessionaire or to terminate this Agreement. Withholding of Provisional or Completion Certificate If the Independent Engineer determines that the Project Highway or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire within 15 (fifteen) days of conducting such tests. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Project Highway is not fit and safe for commercial service, it shall, within 30 (thirty) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Project Highway and direct the Independent Engineer to withhold issuance of the Provisional Certificate or Completion Certificate, as the case may be. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified. Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith. Rescheduling of Tests If the Independent Engineer certifies to the Authority and the Concessionaire that it is unable to issue the Completion Certificate because of events or circumstances on account of which the Tests could not be held or had to be suspended, the Concessionaire shall be entitled to re-schedule the Tests and hold the same as soon as reasonably practicable.

Completion Certificate. 14.1.1 12.1.1 No later than 30 (thirty) days prior to expected the likely completion date of the ProjectRailway Project or a part thereof, the Concessionaire Contractor shall prepare and submit to the SPV’s Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, the Indian Railways Manual of A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Independent SPV’s Engineer of its intent to subject the Railway Project to Tests. The After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the SPV’s Engineer shall, in consultation with the Contractor, determine the date and time of each of the Test shall be determined by the Independent Engineer in consultation with the ConcessionaireTests, and notified to inform the Authority SPV who may designate its representative to witness the Tests. The Concessionaire Contractor shall provide such assistance as the Independent SPV’s Engineer may reasonably require for conducting the Tests. In For avoidance of doubts, the parties agree that in the event of the Concessionaire Contractor and the Independent SPV’s Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire Contractor shall fix the dates by giving not less than 10 (ten) days days’ notice to the Independent Engineer, and in SPV’s Engineer . SPV will carry out tests on completion within 30 days of receiving request from contractor. And if SPV’s Engineer fails to carry out the event the Independent Engineer delays the Tests hereundertest within 30 days, the Authority shall ensure that Tests are completed in time either by SPV will pay damage to Contractor @ 0.02% of the Independent Engineer or any substitute thereofpayment pending for want of test per day. 14.1.2 12.1.2 All Tests shall be conducted in accordance with Schedule-I J at the cost and expense of the ConcessionaireContractor; provided, , that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Independent SPV’s Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Railway Project with Specifications and Standards and if it is reasonably anticipated or determined by the Independent SPV’s Engineer during the course of any Test that the performance of the Railway Project or Section or any part thereof thereof, does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire Contractor to remedy and rectify the defects any Defect or deficienciesdeficiency. Upon completion of each Test, the Independent SPV’s Engineer shall provide to the Concessionaire Contractor and the Authority SPV copies of all Test data including detailed Test results. For the avoidance of doubt, it is the Parties expressly agreed agree that the Independent SPV’s Engineer may require the Concessionaire Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.

Completion Certificate. 14.1.1 i) No later than 30 (thirty) days prior to expected the likely completion date of the ProjectProject Facility, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project Facility to Teststests. The date and time of each of the Test tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Concessioning Authority who may designate its representative to witness the Teststests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Teststests. In the event of the Concessionaire and the Independent Engineer Expert failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 ii) All Tests tests shall be conducted in accordance with Schedule-I at the cost and expense of the Concessionaire. The Independent Engineer shall observe, monitor and review the results of the Tests tests to determine compliance of the Project Facility with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test test that the performance of the Project Facility or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Testtest, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test test data including detailed Test test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out additional Teststests, in accordance with Good Industry Practice Practice, for determining the compliance of the Project Facility with Specifications and Standards. iii) Upon completion of Project works, and the Independent Engineer determining the Tests to be successful, it shall forthwith issue to the Concessionaire and the Authority a certificate substantially in the form set forth in Schedule-10 (the “Completion Certificate”). iv) The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-10 (the “Provisional Certificate”) if the tests are successful and the Project Facility can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Authority. v) The Parties hereto expressly agree that a Provisional Certificate under this Clause may, upon request of the Concessionaire to this effect, be issued if the tests undertaken in terms hereof establish that the Project Facility can be safely and reliably placed in commercial operation in accordance with the provisions of Clause 2.8.1.iv.

Completion Certificate. 14.1.1 12.1.1 No later than 30 (thirty) days prior to expected the likely completion date of the ProjectRailway Project or a part thereof, the Concessionaire Contractor shall prepare and submit to the Authority Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, the Indian Railways Manual of A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Independent Authority Engineer of its intent to subject the Railway Project to Tests. The After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Engineer shall, in consultation with the Contractor, determine the date and time of each of the Test shall be determined by the Independent Engineer in consultation with the ConcessionaireTests, and notified to inform the Authority who may designate its representative to witness the Tests. The Concessionaire Contractor shall provide such assistance as the Independent Authority Engineer may reasonably require for conducting the Tests. In For avoidance of doubts, the parties agree that in the event of the Concessionaire Contractor and the Independent Authority Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire Contractor shall fix the dates by giving not less than 10 (ten) days days’ notice to the Independent Authority Engineer, and in the event the Independent .Authority will carry out tests on completion within 30 days of receiving request from contractor. And if Authority Engineer delays the Tests hereunderfails to carry out test within 30 days, the Authority shall ensure that Tests are completed in time either by will pay damage to Contractor @ 0.02% of the Independent Engineer or any substitute thereofpayment pending for want of test per day. 14.1.2 12.1.2 All Tests shall be conducted in accordance with Schedule-I J at the cost and expense of the ConcessionaireContractor; provided,however, that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Independent Authority Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Railway Project with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Authority Engineer during the course of any Test that the performance of the Railway Project or Section or any part thereof thereof, does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Concessionaire Contractor to remedy and rectify the defects any Defect or deficienciesdeficiency. Upon completion of each Test, the Independent Authority Engineer shall provide to the Concessionaire Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is the Parties expressly agreed agree that the Independent Authority Engineer may require the Concessionaire Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.