Common use of Concessionaire’s Obligations Clause in Contracts

Concessionaire’s Obligations. (a) The Concessionaire shall at the end of the Concession Period hand back vacant and peaceful possession of the Existing Project Facilities to MCD free of cost and in good operable condition. (b) At least 12 months before the expiry of the Concession Period a joint inspection of the Project Facilities shall be undertaken by MCD, Independent Consultant and the Concessionaire. MCD/Independent Consultant shall, within 45 days of such inspection prepare and furnish to the Concessionaire a list of works/jobs (“Handback and Transfer Requirements”), if any, to be carried out so as to conform to the Construction Requirements, Design Requirements and O&M Requirements. The Concessionaire shall promptly undertake and complete such works/jobs at least three months prior to the expiry of the Concession Period and ensure that the Existing Project Facilities continue to meet such requirements until the same are handed back to MCD. (c) MCD/ Independent Consultant shall, within 45 days of the joint inspection undertaken under preceding clause (b) prepare and furnish to the Concessionaire a list of items, if any, with corresponding distinctive descriptions, which are to be handed back to MCD. (d) The Concessionaire hereby acknowledges MCD’s rights specified in Article 9.3 enforceable against it upon Termination and its corresponding obligations arising therefrom. The Concessionaire undertakes to comply with and discharge promptly all such obligations.

Concessionaire’s Obligations. (a) The Concessionaire shall at the end On completion of the Concession Period hand back vacant contract period, unless it is extended, the bidder will transfer Workshops, Parking Sites, Transfer Station, Waste Storage Depots, road Side Dustbins, Offices, Communication arrangements and peaceful possession of the Existing Project Facilities immovable infrastructure / facilities etc. to MCD NDMC, in good working conditions, free of cost cost. All the assets as per the asset register with all inventories shall be checked and in good operable conditionhanded over to NDMC. (b) At least 12 months before the expiry of the Concession Period a joint inspection of the Project Facilities shall be undertaken by MCDNDMC, Independent Consultant and the Concessionaire. MCDNDMC/Independent Consultant shall, within 45 days of such inspection prepare and furnish to the Concessionaire a list of works/jobs (“Handback and Transfer Requirements”), if any, to be carried out so as to conform confirm to the Construction Requirements, Design Requirements and O&M Requirements. The Concessionaire shall promptly undertake and complete such works/jobs at least three months prior to the expiry of the Concession Period and ensure that the Existing Project Facilities continue to meet such requirements until the same are handed back to MCDNDMC. (c) MCD/ NDMC/ Independent Consultant shall, within 45 days of the joint inspection undertaken under preceding clause (b) prepare and furnish to the Concessionaire a list of items, if any, with corresponding distinctive descriptions, which are to be handed back to MCDNDMC. (d) The Concessionaire hereby acknowledges MCDNDMC’s rights specified in Article 9.3 11.1, 11.2, and 11.3 enforceable against it upon Termination and its corresponding obligations arising therefromthereof. The Concessionaire undertakes to comply with and discharge promptly all such obligations.