Concessioning Authority's Determination Sample Clauses

Concessioning Authority's Determination a. When Authority is required to determine value, additional cost or any adjustment (increase or decrease) to the Concession Period, it shall consult with the Concessionaire in an endeavor to reach agreement within 30 (thirty) days of the receipt of notice wherein the Authority is required to determine such value, cost or adjustment to the Concession Period. The Authority‟s determination on value, cost and adjustment of the Concession Period shall be intimated to the Concessionaire within 30 (thirty) days of the date of receipt of the notice requesting any such adjustment. b. If the Concessionaire disputes Authority's determination of value, cost or adjustment to the Concession Period, the matter shall be referred to the Independent Engineer in accordance with the following provisions: i. If the Concessionaire disagrees with the value, cost or adjustment determined by Authority it shall give notice in writing of its intention to Authority, as soon as may be reasonable and in any event within 7 (seven) days after receipt of notice of the value, cost or adjustment and thereafter within a further period of 7 (seven) days to notify the Independent Engineer of such dispute. ii. The Independent Engineer upon receipt of a notice under this Article shall require the Authority to furnish to the Independent Engineer all the reasons, records and documents based upon which Authority had determined the value, cost or adjustment. iii. The Concessionaire shall permit the Independent Engineer to inspect all records and shall supply him with copies thereof and with all such further information as and when the Independent Engineer shall so require. c. In the event of a dispute arising in the period beyond the tenure of the Independent Engineer under Article 28, the duties of the Independent Engineer (in respect of operation of this Article) shall be carried out by an Expert appointed by the Maintenance Board. d. Excepting Termination Payments or else as expressly provided for in this Concession Agreement, any payments to the Concessionaire by the Authority shall be made only through the mechanism of adjustment to the Concession Period.
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