Common use of Concessionaire's Conditions Precedent Clause in Contracts

Concessionaire's Conditions Precedent. The Concessionaire shall be responsible for the satisfaction of the following Conditions Precedent, within the time period specified for each Condition Precedent, and if no such time period is specified, within a period of 270 (two hundred seventy) days from the Execution Date: (i) providing the Construction Performance Security to the Authority in accordance with Article 9 within a period of 30 (thirty) days from the Execution Date; (ii) procuring all the Applicable Permits for commencement of Construction Works (including but not limited to those specified in Part A of Schedule 7) unconditionally or if subject to conditions, then all such conditions required to be fulfilled by the date specified therein shall have been satisfied in full and such Applicable Permits are in full force and effect; (iii) making all payments (if any) required to be made under the Lease Deed prior to the Effective Date; (iv) delivering to the Authority, in original, from the {Selected Bidder/each Consortium Member} confirmation of the correctness of its representations and warranties as set forth in Clauses 7.1(k), (l), (m) and (n); (v) delivering to the Authority a legal opinion from the legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into this Agreement and the enforceability of the provisions thereof; (vi) providing certified true copies of its constitutional documents; (vii) providing certified true copies of all corporate resolutions, authorising the execution, delivery and performance of this Agreement by the Concessionaire; (viii) providing proof of its shareholding pattern, evidenced by certificates from the authorised signatory of the Concessionaire; (ix) submission of Construction Documents prepared in accordance with the provisions of this Agreement to the Authority and the Independent Engineer for their approval, within a period of 120 (one hundred and twenty) days from the Execution Date; (x) {execution of a Design Consultancy Agreement with the Design Consultant and delivering a copy of the executed Design Consultancy Agreement to the Authority;}3 (xi) execution of an EPC Contract with the EPC Contractor and delivering a copy of the executed EPC Contract to the Authority; (xii) execution of the Financing Agreements and delivering to the Authority 3 (three) true copies thereof, duly attested by a director of the Concessionaire; and (xiii) achievement of Financial Close and delivering to the Authority 3 (three) true copies of the Financial Package, duly attested by a director of the Concessionaire.

Concessionaire's Conditions Precedent. The Concessionaire shall be responsible for the satisfaction of the following Conditions Precedent, within the time period specified for each Condition Precedent, and if no such time period is specified, within a period of 270 (two hundred seventy) days from the Execution Date: (i) providing the Construction Performance Security to the Authority in accordance with Article 9 within a period of 30 (thirty) days from the Execution Date; (ii) procuring all the Applicable Permits for commencement of Construction Works (including but not limited to those specified in Part A of Schedule 7) unconditionally or if subject to conditions, then all such conditions required to be fulfilled by the date specified therein shall have been satisfied in full and such Applicable Permits are in full force and effect; (iii) {making all payments (if any) required to be made under the Lease Deed prior to the Effective Date;Date;}7 (iv) delivering to the Authority, in original, from the {Selected Bidder/each Consortium Member} confirmation of the correctness of its representations and warranties as set forth in Clauses 7.1(k), (l), (m) and (n); (v) delivering to the Authority a legal opinion from the legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into this Agreement and the enforceability of the provisions thereof; (vi) providing certified true copies of its constitutional documents; (vii) providing certified true copies of all corporate resolutions, authorising the execution, delivery and performance of this Agreement by the Concessionaire; (viii) providing proof of its shareholding pattern, evidenced by certificates from the authorised signatory of the Concessionaire; (ix) submission of Construction Documents prepared in accordance with the provisions of this Agreement to the Authority and the Independent Engineer for their approval, within a period of 120 (one hundred and twenty) days from the Execution Date; (x) {execution of a Design Consultancy Agreement with the Design Consultant and delivering a copy of the executed Design Consultancy Agreement to the Authority;}3 (xi) execution of an EPC Contract with the EPC Contractor and delivering a copy of the executed EPC Contract to the Authority; (xii) execution of the Financing Agreements and delivering to the Authority 3 (three) true copies thereof, duly attested by a director of the Concessionaire; and (xiii) achievement of Financial Close and delivering to the Authority 3 (three) true copies of the Financial Package, duly attested by a director of the Concessionaire.

Concessionaire's Conditions Precedent. The Concessionaire shall be responsible for the satisfaction of the following Conditions Precedent, within the time period specified for each Condition Precedent, and if no such time period is specified, within a period of 270 (two hundred seventy) days from the Execution Date: (i) providing the Construction Performance Security to the Authority in accordance with Article 9 within a period of 30 360 (thirtythirtysixty) days from the Execution Date and evidence that the Construction Performance Security is in full force and effect. For the avoidance of doubt, it is expressly clarified that if the Construction Performance Security has been encashed in accordance with Clause 4.4, the Concessionaire shall ensure that the Construction Performance Security has been replenished and such Construction Performance Security is in full force and effect on the Effective Date; (ii) procuring all the Applicable Permits for commencement of Construction Works (including but not limited to those specified in Part A of Schedule 7) unconditionally or if subject to conditions, then all such conditions required to be fulfilled by the date specified therein shall have been satisfied in full and such Applicable Permits are in full force and effect; (iii) making all payments (if any) required to be made under the Lease Deed prior to the Effective Date; (iv) delivering to the Authority, in original, from the {Selected Bidder/each Consortium Member} confirmation of the correctness of its representations and warranties as set forth in Clauses 7.1(k), (l), (m) and (n); (v) delivering to the Authority a legal opinion from the legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into this Agreement and the enforceability of the provisions thereof; (vi) providing certified true copies of its constitutional documents; (vii) providing certified true copies of all corporate resolutions, authorising the execution, delivery and performance of this Agreement by the Concessionaire; (viii) providing proof of its shareholding pattern, evidenced by certificates from the authorised signatory of the Concessionaire; (ix) submission of submitting the Construction Documents prepared in accordance with the provisions of this Agreement Clause 12 to the Authority and the Independent Engineer for their approval, within a period of 120 (one hundred and twenty) days from the Execution Date; (x) {execution of a Design Consultancy Agreement with the Design Consultant and delivering a copy of the executed Design Consultancy Agreement to the Authority;}3 (xi) execution Dateexecution of an EPC Contract with the EPC Contractor and delivering a copy of the executed EPC Contract to the Authority; (xiix) execution of the Financing Agreements and delivering to the Authority 3 (three) true copies thereof, duly attested by a director of the Concessionaire; and (xiiixi) achievement of Financial Close and delivering to the Authority 3 (three) true copies of the Financial Package, duly attested by a director of the Concessionaire. (xii) execution of, and procuring the execution of the Escrow Agreement by the Escrow Bank and opening and establishing the Escrow Accounts in accordance with Article 28 hereof and the Escrow Agreement, within 270 (two hundred and seventy) days of the Execution Date; (xiii) execution of, and procuring execution of the Substitution Agreement simultaneously with the execution of Financing Agreements; and

Concessionaire's Conditions Precedent. The Concessionaire shall be responsible for the satisfaction of the following Conditions Precedent, within the time period specified for each Condition Precedent, and if no such time period is specified, within a period of 270 (two hundred seventy) days from the Execution Date: (i) providing the Construction Performance Security to the Authority in accordance with Article 9 within a period of 30 (thirty) days from the Execution Date and evidence that the Construction Performance Security is in full force and effect. For the avoidance of doubt, it is expressly clarified that if the Construction Performance Security has been encashed in accordance with Clause 4.4, the Concessionaire shall ensure that the Construction Performance Security has been replenished and such Construction Performance Security is in full force and effect on the Effective Date; (ii) procuring all the Applicable Permits for commencement of Construction Works (including but not limited to those specified in Part A of Schedule 7) unconditionally or if subject to conditions, then all such conditions required to be fulfilled by the date specified therein shall have been satisfied in full and such Applicable Permits are in full force and effect; (iii) making all payments (if any) required to be made under the Lease Deed prior to the Effective Date; (iv) delivering to the Authority, in original, from the {Selected Bidder/each Consortium Member} confirmation of the correctness of its representations and warranties as set forth in Clauses 7.1(k), (l), (m) and (n); (v) delivering to the Authority a legal opinion from the legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into this Agreement and the enforceability of the provisions thereof; (vi) providing certified true copies of its constitutional documents; (vii) providing certified true copies of all corporate resolutions, authorising the execution, delivery and performance of this Agreement by the Concessionaire; (viii) providing proof of its shareholding pattern, evidenced by certificates from the authorised signatory of the Concessionaire; (ix) submission of Construction Documents prepared in accordance with the provisions of this Agreement to the Authority and the Independent Engineer for their approval, within a period of 120 (one hundred and twenty) days from the Execution Date; (x) {execution of a Design Consultancy Agreement with the Design Consultant and delivering a copy of the executed Design Consultancy Agreement to the Authority;}3 (xi) execution of an EPC Contract with the EPC Contractor and delivering a copy of the executed EPC Contract to the Authority; (xiix) execution of the Financing Agreements and delivering to the Authority 3 (three) true copies thereof, duly attested by a director of the Concessionaire; and (xiiixi) achievement of Financial Close and delivering to the Authority 3 (three) true copies of the Financial Package, duly attested by a director of the Concessionaire. (xii) execution of, and procuring the execution of the Escrow Agreement by the Escrow Bank and opening and establishing the Escrow Accounts in accordance with Article 28 hereof and the Escrow Agreement, within 270 (two hundred and seventy) days of the Execution Date; (xiii) execution of, and procuring execution of the Substitution Agreement simultaneously with the execution of Financing Agreements; and

Concessionaire's Conditions Precedent. The Concessionaire shall be responsible for the satisfaction of the following Conditions Precedent, within the time period specified for each Condition Precedent, and if no such time period is specified, within a period of 270 (two hundred seventy) days from the Execution Date: (i) providing the Construction Performance Security to the Authority in accordance with Article 9 within a period of 30 60 (thirtysixty) days from the Execution Date and evidence that the Construction Performance Security is in full force and effect. For the avoidance of doubt, it is expressly clarified that if the Construction Performance Security has been encashed in accordance with Clause 4.4, the Concessionaire shall ensure that the Construction Performance Security has been replenished and such Construction Performance Security is in full force and effect on the Effective Date; (ii) procuring all the Applicable Permits for commencement of Construction Works (including but not limited to those specified in Part A of Schedule 7) unconditionally or if subject to conditions, then all such conditions required to be fulfilled by the date specified therein shall have been satisfied in full and such Applicable Permits are in full force and effect; (iii) making all payments (if any) required to be made under the Lease Deed prior to the Effective Date; (iv) delivering to the Authority, in original, from the {Selected Bidder/each Consortium Member} confirmation of the correctness of its representations and warranties as set forth in Clauses 7.1(k), (l), (m) and (n); (v) delivering to the Authority a legal opinion from the legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into this Agreement and the enforceability of the provisions thereof; (vi) providing certified true copies of its constitutional documents; (vii) providing certified true copies of all corporate resolutions, authorising the execution, delivery and performance of this Agreement by the Concessionaire; (viii) providing proof of its shareholding pattern, evidenced by certificates from the authorised signatory of the Concessionaire; (ix) submission of submitting the Construction Documents prepared in accordance with the provisions of this Agreement Clause 12 to the Authority and the Independent Engineer for their approval, within a period of 120 (one hundred and twenty) days from the Execution Date; (x) {execution of a Design Consultancy Agreement with the Design Consultant and delivering a copy of the executed Design Consultancy Agreement to the Authority;}3 (xi) execution of an EPC Contract with the EPC Contractor and delivering a copy of the executed EPC Contract to the Authority; (xii) execution of the Financing Agreements and delivering to the Authority 3 (three) true copies thereof, duly attested by a director of the Concessionaire; and (xiiixi) achievement of Financial Close and delivering to the Authority 3 (three) true copies of the Financial Package, duly attested by a director of the Concessionaire. (xii) execution of, and procuring the execution of the Escrow Agreement by the Escrow Bank and opening and establishing the Escrow Accounts in accordance with Article 28 hereof and the Escrow Agreement, within 270 (two hundred and seventy) days of the Execution Date; (xiii) execution of, and procuring execution of the Substitution Agreement simultaneously with the execution of Financing Agreements; and

Concessionaire's Conditions Precedent. The Concessionaire shall be responsible for the satisfaction of satisfy the following Conditions Precedent, within the time period specified for each Condition Precedent, and if no such time period is specified, within a period of 270 (two hundred seventy) days from not already satisfied on or before the Execution Date: (i) providing i. shall submit the Construction Performance Security to Authority, in the Authority in accordance with Article 9 form of Bank Guarantee (SFMS) as per the format within a period 20 days of 30 (thirty) Receipt of Letter of Acceptance. ii. Submit the “Equipment Installation and manpower deployment Plan” within 20 days from the Execution Date;day of receipt of Letter Of Acceptance. (ii) procuring iii. obtain and provide the Authority with copies of all the relevant Applicable Permits required for commencement implementation of Construction Works (including but not limited the Project, other than the permits to those specified in Part A of Schedule 7) unconditionally or if be obtained by the Authority. If such Applicable Permits are subject to conditions, conditions then all such conditions shall have been satisfied in full, unless such conditions are required to be fulfilled by the date specified therein shall have been satisfied in full and such Applicable Permits are in full force and effectAuthority; (iii) making all payments (if any) required to be made under iv. appoint and notify the Lease Deed prior to the Effective Date; (iv) delivering to the Authority, in original, from the {Selected Bidder/each Consortium Member} confirmation other Parties of the correctness of its representations and warranties as set forth in Clauses 7.1(k), (l), (m) and (n); (v) delivering to the Authority a legal opinion from the legal counsel name of the Concessionaire with respect to the authority of the Concessionaire to Concessionaire’s Representative; and v. enter into this Agreement and a legally binding agreement appointing [Third Party Entity/Associate] as the enforceability of supply contractor to supply Luminaire for the provisions thereof;Project.] (vi) providing . provide a certified true copies copy of its constitutional documents; (vii) providing certified true copies of all corporate resolutions, authorising a board resolution authorizing the execution, delivery and performance execution of this Agreement by the Concessionaire; (viii) providing proof vii. provide certificates from its authorized signatory with details of its shareholding pattern, evidenced by certificates from the authorised signatory of the Concessionaire; (ix) submission of Construction Documents prepared in accordance viii. procure and provide confirmations that: a. it shall at all times comply with the provisions of this Agreement to the Authority and the Independent Engineer for Clause 14 in respect of their approval, within a period of 120 (one hundred and twenty) days from the Execution Date; (x) {execution of a Design Consultancy Agreement with the Design Consultant and delivering a copy of the executed Design Consultancy Agreement to the Authority;}3 (xi) execution of an EPC Contract with the EPC Contractor and delivering a copy of the executed EPC Contract to the Authority; (xii) execution of the Financing Agreements and delivering to the Authority 3 (three) true copies thereof, duly attested by a director of shareholding in the Concessionaire; and (xiii) achievement b. it is duly organized and validly existing under the laws of Financial Close the jurisdiction of its incorporation and delivering to has requested the Authority 3 (three) true copies of to enter into this Agreement with the Financial Package, duly attested by a director of Concessionaire in accordance with the Concessionaire.terms set out herein;