Common use of Concessionaire’s Obligations Clause in Contracts

Concessionaire’s Obligations. i. The Concessionaire shall on the date of expiry of the Concession Period, hand back vacant and peaceful possession of the Transportation vehicles & equipment, and Project Facilities including any tools, spares, inventory, vehicles, machinery and all other movables required for its functioning to the respective Authority free of cost and in good operable condition. ii. At least 3 months before the expected expiry of the Concession Period a joint inspection of the Project Site and Project Facility shall be undertaken by Project Engineer, Concessionaire and Authority. NNR and Project Engineer shall, within 15 days of such inspection prepare and furnish to the Concessionaire a list of works/ jobs (“Project Facility Handback Requirements”), if any, to be carried out so as to conform to the Construction Requirements and O&M Requirements. The Concessionaire shall promptly undertake and complete such works/jobs at least 3 months prior to the expected expiry of the Concession Period and ensure that the Project Facility continues to meet such requirements until thesame are handed back to NNR. iii. Project Engineer shall, within 15 days of the joint inspection undertaken under preceding clause (ii) prepare and furnish to the Concessionaire a list of items, if any, with corresponding distinctive descriptions, which are to be compulsorilyhanded back to NNR along with the Project Facility. iv. The Concessionaire hereby acknowledges NNR’s rights specified in Clause 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. v. At least 3 months prior to the expiry of the Concession Period, the Concessionaire shall, for due performance of its obligations relating to handback of the Project Facility, submit to NNR a bank guarantee, in the form as set forth in Schedule (“Handback Guarantee”), from a bank acceptable to NNR. TheHandback Guarantee shall be kept valid for a period of 30 months. vi. Value of this handback guarantee shall be equivalent to works to be undertaken the concessionaire as assessed by Project Engineer for works mentioned in Project Handback Requirements .

Concessionaire’s Obligations. i. The Concessionaire shall on the date of expiry of the Concession Period, hand back vacant and peaceful possession of the Transportation vehicles & equipment, and Project Facilities including any tools, spares, inventory, vehicles, machinery and all other movables required for its functioning Facility to the respective Authority SIIDCUL free of cost and in good operable condition. ii. At least 3 Atleast 12 months before the expected expiry of the Concession Period a joint inspection of the Project Site and Project Facility shall be undertaken by Project EngineerSIIDCUL, Concessionaire and AuthorityConcessionaire. NNR and Project Engineer SIIDCUL shall, within 15 45 days of such inspection prepare and furnish to the Concessionaire a list of works/ jobs (“Project Facility Handback Requirements”), if any, to be carried out so as to conform to the Construction Requirements and O&M Requirements. The Concessionaire shall promptly undertake and complete such works/jobs at least 3 months prior to the expected expiry of the Concession Period and ensure that the Project Facility continues to meet such requirements until thesame the same are handed back to NNRSIIDCUL. iii. Project Engineer SIIDCUL shall, within 15 days of the joint inspection undertaken under preceding clause (ii) prepare and furnish to the Concessionaire a list of items, if any, with corresponding distinctive descriptions, which are to be compulsorilyhanded compulsorily handed back to NNR SIIDCUL along with the Project Facility. iv. The Concessionaire hereby acknowledges NNRSIIDCUL’s rights specified in Clause 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. v. At least 3 24 months prior to the expiry of the Concession Period, the Concessionaire shall, for due performance of its obligations relating to handback of the Project Facility, submit to NNR SIIDCUL a bank guarantee, in the form as set forth in Schedule 9 (“Handback Guarantee”), from a bank acceptable to NNRSIIDCUL. TheHandback The Handback Guarantee shall be kept valid for a period of 30 months. vi. Value of this handback guarantee shall be equivalent to works to be undertaken the concessionaire as assessed by Project Engineer for works mentioned in Project Handback Requirements .

Concessionaire’s Obligations. i. The Concessionaire shall on the date of expiry or termination of the Concession Period, hand back vacant and peaceful possession of the Transportation vehicles & equipment, and Project Site with all the Project Facilities including any tools, spares, inventory, vehicles, machinery and all other movables required for its functioning to the respective Authority CoC free of cost and in good operable conditioncondition as per terms of this Agreement and Concessionaire agrees that CoC shall not be required to issue any notice to Concessionaire for handover upon such termination or expiry of the concession period. ii. At least 3 one year before the expiry of the Concession Period, the Concessionaire should notify all the occupants and users on the Project Site about the date of the expiry of the Concession Agreement and the hand back of the Project Facilities and the Project Site to CoC and shall notify CoC’s rights and powers as mentioned under Article 13.3 after the expiry of the Concession Period. iii. At least 6 months before the expected expiry of the Concession Period Period, a joint inspection of the Project Site and Project Parking Facility shall be undertaken by Project EngineerCoC, Concessionaire and AuthorityProject Officer. NNR CoC and Project Engineer Officer shall, within 15 45 days of such inspection prepare and furnish to the Concessionaire a list of works/ jobs (“Project Parking Facility Handback Requirements”), if any, to be carried out so as to conform to the Construction Requirements Parking Facility Requirement, the NBC and O&M Requirementsthe DCR. The Concessionaire shall promptly undertake and complete such works/jobs at least 3 three months prior to the expected expiry of the Concession Period and ensure that the Project Parking Facility continues to meet such requirements until thesame the same are handed back to NNR.CoC. iiiiv. CoC / Project Engineer Officer shall, within 15 45 days of the joint inspection undertaken under preceding clause (ii) sub-article prepare and furnish to the Concessionaire a list of items, if any, with corresponding distinctive descriptions, which are to be compulsorilyhanded compulsorily handed back to NNR CoC along with the Project Parking Facility. iv. v. The Concessionaire hereby acknowledges NNRCoC’s rights specified in Clause 9.3 Article 12.3 enforceable against it upon the expiry and Termination and its corresponding obligations arising therefrom. The Concessionaire undertakes to comply with and discharge promptly all such obligations. v. At least 3 months prior vi. The Concessionaire undertakes to incorporate the expiry rights and powers of the Concession Period, the CoC as per terms of this Agreement and also specifically those in Article 12.3 into all agreements which Concessionaire shall, shall enter into with third parties for due performance grant of its obligations relating right to handback use of the Project Facility, submit to NNR a bank guarantee, in commercial space developed on the form as set forth in Schedule (“Handback Guarantee”), from a bank acceptable to NNR. TheHandback Guarantee project site and Concessionaire shall be kept valid responsible and liable for a period ensuring compliance of 30 monthssuch terms by all such occupants and users. vi. Value of this handback guarantee shall be equivalent to works to be undertaken the concessionaire as assessed by Project Engineer for works mentioned in Project Handback Requirements .

Concessionaire’s Obligations. i. The Concessionaire shall on design, finance, construct, rehabilitate and complete the date of expiry of Facilities and achieve the Concession Periodrelevant COD in accordance with Applicable Laws, hand back vacant Applicable Permits, Good Industry Practice, the Technical Specifications, the ESHS Documents, the Designs and peaceful possession of Drawings, the Transportation vehicles & equipmentrelevant Construction Plan, and Project Facilities including any toolsother provisions of this Agreement. For this purpose, spares, inventory, vehicles, machinery and all other movables required for its functioning to the respective Authority free of cost and in good operable condition. ii. At least 3 months before the expected expiry of the Concession Period a joint inspection of the Project Site and Project Facility shall be undertaken by Project Engineer, Concessionaire and Authority. NNR and Project Engineer shall, within 15 days of such inspection prepare and furnish to the Concessionaire a list of works/ jobs (“Project Facility Handback Requirements”), if any, to be carried out so as to conform to during the Construction Requirements and O&M Requirements. The Concessionaire shall promptly undertake and complete such works/jobs at least 3 months prior to the expected expiry of the Concession Period and ensure that the Project Facility continues to meet such requirements until thesame are handed back to NNR. iii. Project Engineer shall, within 15 days of the joint inspection undertaken under preceding clause (ii) prepare and furnish to the Concessionaire a list of items, if any, with corresponding distinctive descriptions, which are to be compulsorilyhanded back to NNR along with the Project Facility. iv. The Concessionaire hereby acknowledges NNR’s rights specified in Clause 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. v. At least 3 months prior to the expiry of the Concession Period, the Concessionaire shall: (a) complete the work corresponding to each Payment Milestone by the Scheduled Payment Milestone Completion Date; complete the construction and rehabilitation of the Mirzapur Facilities by the Scheduled Mirzapur Construction Completion Date, in a manner that: (i) is in compliance with the Technical Specifications, the Designs and Drawings, the relevant Construction Plan, the ESHS Documents, Applicable Laws, Applicable Permits and Good Industry Practices. For the avoidance of doubt, if there arises any ambiguity or conflict between the Technical Specifications and any Applicable Laws, then the one setting out the more stringent requirements or specifications shall prevail; (ii) the Facilities are fabricated, erected, installed, restored and completed in accordance with the final Designs and Drawings; (iii) the Mirzapur Facilities are free from all defects in design, materials, and workmanship; (iv) the Facilities are safe, reliable and fit for due purpose; (v) each of the Mirzapur STPs is capable of treating Sewage up to their respective Design Capacity; (vi) the treatment of Sewage at the Existing Mirzapur STP continues in accordance with the existing performance standards for such STPs and in a manner such that the STP meets the Guaranteed Interim Availability. (b) maintain and comply with the conditions of all Applicable Permits in undertaking the construction and rehabilitation of the Facilities, and make reasonable endeavours to assist the Jal Xxxxx in obtaining the Applicable Permits from the relevant Government Authorities; (c) within 30 days of the Effective Date, and in any event, prior to the commencement of any construction/rehabilitation of the Facilities, appoint a Person with sufficient skill and expertise to act as the Concessionaire's Representative. The Concessionaire's Representative shall monitor, coordinate and supervise the completion of the Facilities, and liaise with the Jal Nigam's Representative, NMCG's Representative and the Project Engineer during the Construction Period and the O&M Period. At any time during the Term, the Concessionaire may replace the Concessionaire's Representative with prior written notice to the Jal Xxxxx and NMCG; (d) provide all necessary assistance to the Project Engineer and the Jal Xxxxx in undertaking inspection of the Facilities, and in performing its other obligations and duties under this Agreement; (e) ensure that none of its obligations relating employees, consultants, service providers, suppliers, or sub- contractors, who may be engaged in future, shall be engaged in corrupt, fraudulent, collusive, coercive or obstructive practice, as defined in Clause 23.18; (f) reasonably consider and act upon the comments/suggestions made by the Project Engineer and the Jal Xxxxx during any meetings with the Concessionaire; (g) rectify any defects and/or deficiencies in the Facilities, including any defects and/or deficiencies identified by the Project Engineer or the Jal Xxxxx; (h) take all necessary measures to handback maintain the safety and security of personnel, material and property at the Site and the Adjoining Properties, in accordance with the approved ESHS Documents and all Applicable Laws; (i) ensure that all excavated materials, earthworks, waste materials and hazardous substances are disposed in accordance with the ESHS Documents, Applicable Laws and Applicable Permits; (j) submit monthly reports to the Project Engineer (with a copy to the Jal Xxxxx), no later than 10 days after the end of each month, which should set out the following: (i) extent of progress of construction and rehabilitation activities performed by the Concessionaire for the Mirzapur Facilities; (ii) comparison of actual progress against the planned progress of construction works or rehabilitation works, as the case may be, reasons for delay, if any and steps taken by the Concessionaire to mitigate the delay; (iii) details of any accident or hazardous incident at the Site and the steps taken by the Concessionaire to mitigate the consequences of such accident or hazardous incident; and (iv) status of rectification of defects and/or deficiencies discovered by the Project Engineer or the Jal Xxxxx; (k) ensure that an adequate number of suitably skilled and experienced contractors, architects, workmen and other personnel are engaged to undertake the Project. The Concessionaire shall be solely responsible for the work performed by any staff and labour engaged by it to execute the Project and for payment of all applicable labour charges, fees, cess payable under Applicable Laws (including labour welfare legislations) in connection with the skilled and unskilled manpower employed for the Project, including specifically the Building and Other Construction Workers Welfare Cess Act, 1996. The Concessionaire shall ensure that its Subcontractors provide all necessary amenities and welfare facilities for the staff and labour engaged by them at the Site and comply with all applicable labour laws. The Concessionaire shall indemnify and hold harmless the Jal Xxxxx and NMCG from and against all claims, liabilities, expenses, costs and losses suffered or incurred by the Jal Xxxxx or NMCG due to the Concessionaire's or any Subcontractor's failure to comply with any Applicable Laws (including labour welfare legislations); (l) arrange for all equipment, machinery, tools and other resources required to undertake the Project and be solely responsible for such equipment, machinery, tools and resources. (m) take all reasonable measures to ensure that the transportation of any of the Concessionaire's or the Subcontractors' personnel or equipment, to or from the Site does not interfere with local traffic in the vicinity of the Site; (n) maintain accurate and systematic accounts and records of goods and material utilized and other costs and expenses incurred in connection with the construction and restoration works for the Facilities, including all invoices, receipts, challans, vouchers, quotations and other records and documents with respect to the Facilities in accordance with Applicable Laws; (o) obtain and maintain adequate insurances as per this Agreement; and (p) prepare and keep up-to-date, "as-built" records of the execution of the construction and restoration work for the Mirzapur Facilities, showing the exact as-built locations, sizes and details of the works executed. The "as-built" records shall be kept at the Mirzapur Site, respectively, and be made available to the Project Engineer and the Jal Xxxxx for review and verification. The Concessionaire shall provide 4 hard copies and 1 soft copy on a compact disc of the complete set of "as-built" drawings for the Mirzapur Facilities to the Jal Xxxxx as a condition precedent to the issuance of the relevant COD Certificate. (q) for the relevant Facilities, the Concessionaire shall not be ordinarily entitled to additional Land beyond the quoted Land in the Financial Proposal for the Construction of the Project. However, under unavoidable circumstances and in the interest of the Project, the Jal Xxxxx based on availability, may at its discretion consider to allocate additional land for the construction/renovation of the Project Facility, submit to NNR a bank guarantee, in upon the form as set forth in Schedule (“Handback Guarantee”), from a bank acceptable to NNR. TheHandback Guarantee request of the Concessionaire and such allocation shall be kept valid subject to the payment of one hundred and fifty percentage of the Land Rate, for each additional acres of Land and part thereof. If the additional land requirement changes position of the Selected Bidder vis a period of 30 months. vi. Value of this handback guarantee vis the Second Preferred Bidder, then the Concessionaire shall be pay to the Jal Xxxxx, a sum equivalent to works to be undertaken (a) one hundred and fifty percentage of the concessionaire as assessed by Project Engineer Land Rate for works mentioned in Project Handback Requirements each additional acres of Land and part there of; OR (b) the difference between Bid Price of Second Preferred Bidder and the revised Bid Price of the Selected Bidder/Concessionaire; whichever is higher.

Concessionaire’s Obligations. i. The Concessionaire shall on the date of expiry Expiry by efflux of time or Termination, as the Concession Periodcase may be, hand back vacant and peaceful possession of the Transportation vehicles & equipment, and Project GMCBL Infrastructure Facilities including any tools, spares, inventory, vehicles, machinery and all other movables required for its functioning to the respective Authority GMCBL / concerned government agency free of cost and in good operable condition. ii. At least 3 2 months before the expected expiry Expiry or within one week of the Concession Period issue of Termination Notice, a joint inspection of the Project Site and Project Facility GMCBL Infrastructure Facilities shall be undertaken by Project EngineerGMCBL, Concessionaire and AuthorityPM. NNR GMCBL and Project Engineer PM shall, within 15 days of such inspection prepare and furnish to the Concessionaire a list of works/ jobs (“Project Facility GMCBL Infrastructure Facilities Handback Requirements”), if any, to be carried out so as to conform to the Construction Requirements Good Industry Practices and O&M Requirementsacceptable conditions subject to normal wear and tear. The Concessionaire shall promptly undertake and complete such works/jobs at least 3 months one month prior to the expected expiry date of the Concession Period Expiry or Date of Termination and ensure that the Project Facility continues GMCBL Infrastructure Facilities continue to meet such requirements until thesame the same are handed back to NNRGMCBL/ concerned government agency. iii. Project Engineer GMCBL/ PM shall, within 15 days of the joint inspection undertaken under preceding clause (iii) prepare and furnish to the Concessionaire a list of items, if any, with corresponding distinctive descriptions, which are to be compulsorilyhanded compulsorily handed back to NNR along with the Project FacilityGMCBL in terms of Clause 19.1(a) and 19.1(c) as applicable. iv. The Concessionaire hereby acknowledges NNRGMCBL’s rights specified in Clause 9.3 17.1 & 17.4 enforceable against it upon Termination and its corresponding obligations arising therefrom. The Concessionaire undertakes to comply with and discharge promptly all such obligations. v. At least 3 months prior to the expiry of the Concession Period, the Concessionaire shall, for due performance of its obligations relating to handback of the Project Facility, submit to NNR a bank guarantee, in the form as set forth in Schedule (“Handback Guarantee”), from a bank acceptable to NNR. TheHandback Guarantee shall be kept valid for a period of 30 months. vi. Value of this handback guarantee shall be equivalent to works to be undertaken the concessionaire as assessed by Project Engineer for works mentioned in Project Handback Requirements .