Common use of Condition Survey Clause in Contracts

Condition Survey. The Concessionaire agrees that at least 6 (six) Months prior to the expiry by efflux oftime of the Concession Period, it shall, cause to be conducted at its cost by an Expert appointed by the Parties by mutual consent, a condition survey and an inventory of the entire Project Facilities and Services. If, as a result of such survey, the Expert shall observe/notice that the Port’s Assets and/or the Project Facilities and Services or any part thereof have/has not been operated and maintained in accordance with the requirements therefor under this Agreement (normal wear and tear excepted) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in good working condition well before the Transfer Date. In the event the Concessionaire fails to comply with this provision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and Project Facilities and Services to be conducted and remove any defect or deficiency. The Concessioning Authority shall be promptly reimbursed by the Concessionaire for the costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. For the performance of obligation in the preceding article by the Concessionaire, the Concessioning Authority shall entitled to invoke the Deemed Performance Guarantee after COD, which shall remain valid upto the expiry of the Concession Period. In the event of non-realization of the amounts to be encashed from the Deemed Performance Guarantee after COD due to unavailability of funds in the Escrow Account, the same will be treated as Concessionaire Event of Default and the Concessioning Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 12.

Condition Survey. The Concessionaire agrees that at least 6 (six) Months prior to the expiry by efflux oftime of time of the Concession Period, it shall, cause to be conducted at its cost by an Expert appointed by the Parties by mutual consent, a condition survey and an inventory of the entire Project Facilities and Services. If, as a result of such survey, the Expert shall observe/notice that the Port’s Assets and/or the Project Facilities and Services or any part thereof have/has not been operated and maintained in accordance with the requirements therefor therefore under this Agreement (normal wear and tear exceptedaccepted) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in good working condition well before the Transfer Date. In the event the Concessionaire fails to comply with this provision, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and Project Facilities and Services to be conducted and remove any defect or deficiency. The Concessioning Authority shall be promptly reimbursed by the Concessionaire for the costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. For Of the performance Concessioning Authority Assistance in obtaining Approvals, Permits and Licenses The Concessioning Authority shall, at the written request of obligation in the preceding article by the Concessionaire, but without guarantees and/or without assuming any responsibility in that behalf, issue recommendatory letters and make best efforts to assist the Concessioning Authority Concessionaire in obtaining all the Applicable Permits including renewals thereof. Provided that, nothing contained in this clause shall entitled relieve the Concessionaire of its obligations under this Agreement to invoke obtain the Deemed Performance Guarantee after COD, which shall remain valid upto the expiry of Applicable Permits and to keep them in force and effect throughout the Concession Period. In General rights of inspection and verification The Concessioning Authority may during the event pendency of non-realization this Agreement itself or by appointment of Experts verify the performance of obligations of the amounts to be encashed from the Deemed Performance Guarantee after COD due to unavailability of funds Concessionaire as set out in the Escrow Account, the same will be treated as Concessionaire Event of Default and this Agreement. Of the Concessioning Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 12.and the Concessionaire

Condition Survey. The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) Months months prior to the expiry by efflux oftime of the Concession Period, as the case may be, it shall, shall conduct or cause to be conducted at its cost by an Expert appointed by under the Parties by mutual consentConcessioning Authority’s supervision, a condition survey of the Project Facilities and Services including the Project Site and/or the Terminal’s Assets to ascertain the condition thereof, verifying compliance with the Concessionaire’s obligations under this Concession Agreement and to prepare an inventory of the entire assets comprised in the Project Facilities and Services. During this period, the designated key personnel of the Concessioning Authority shall be associated with the operations of the Project Facilities and Services (except when the same is impossible due to a Force Majeure Event) in order to facilitate smooth takeover of the same by the Concessioning Authority on the Transfer Date. If, as a result of such the condition survey, the Expert Concessioning Authority shall observe/notice that the PortProject Site and/or the Terminal’s Assets and/or the Project Facilities and Services or any part thereof have/has not been operated and maintained in accordance with the requirements therefor under this Concession Agreement (normal wear and tear excepted) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in good working condition conditions well before the Transfer Date. In the event the Concessionaire fails to comply with the provisions of this provisionConcession Agreement, the Concessioning Authority may itself cause the condition survey and inventory of the PortTerminal’s Assets and the Project Facilities and Services to be conducted and remove any defect or deficiencyconducted. The Concessioning Authority shall be promptly reimbursed compensated by the Concessionaire for the any costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. For the performance of obligation in the preceding article by the Concessionaire, the Concessioning Authority shall entitled to invoke the Deemed Performance Guarantee after COD, which shall remain valid upto the expiry of the Concession Period. In the event of non-realization of the amounts to be encashed from the Deemed Performance Guarantee after COD due to unavailability of funds in the Escrow Account, the same will be treated as Concessionaire Event of Default and the Concessioning Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 12.

Condition Survey. The Concessionaire agrees that on the service of a Termination Notice or at least 6 (six) Months months prior to the expiry by efflux oftime of the Concession Period, as the case may be, it shall, shall conduct or cause to be conducted at its cost by an Expert appointed by under the Parties by mutual consentConcessioning Authority’s supervision, a condition survey of the Project Facilities and Services including the Project Site and/or the Port’s Assets to ascertain the condition thereof, verifying compliance with the Concessionaire’s obligations under this Agreement and to prepare an inventory of the entire assets comprised in the Project Facilities and Services. During this period, the designated key personnel of the Concessioning Authority shall be associated with the operations of the Project Facilities and Services (except when the same is impossible due to a Force Majeure Event) in order to facilitate smooth takeover of the same by the Concessioning Authority on the Transfer Date. If, as a result of such the condition survey, the Expert Concessioning Authority shall observe/notice that the Project Site and/or the Port’s Assets and/or the Project Facilities and Services or any part thereof have/has not been operated and maintained in accordance with the requirements therefor thereof under this Agreement (normal wear and tear excepted) the Concessionaire shall, at its cost and expenses, take all necessary steps to put the same in good working condition conditions well before the Transfer Date. In the event the Concessionaire fails to comply with the provisions of this provisionAgreement, the Concessioning Authority may itself cause the condition survey and inventory of the Port’s Assets and the Project Facilities and Services to be conducted and remove any defect or deficiencyconducted. The the Concessioning Authority shall be promptly reimbursed compensated by the Concessionaire for the any costs incurred in conducting such survey and preparation of inventory as also in putting the Project Facilities and Services in a good working condition. For Consequences of Termination Without prejudice to any other consequences or requirements under this agreement or under any law: the performance Concessionaire shall transfer all the assets and rights upon expiry of obligation the Concession Period by efflux of time or termination of this Agreement due to a Force Majeure Event or on account of an Event of Default in the preceding article by the Concessionaire, accordance with Article 18; the Concessioning Authority shall be entitled to invoke encash any subsisting bank guarantee(s) provided by the Deemed Performance Guarantee after CODConcessionaire against any amounts owing to Concessioning Authority by the Concessionaire. Notwithstanding anything contained in this Agreement, which shall remain valid upto except for ensuring the expiry deposit of the Concession Period. In compensation payable to the event of non-realization of the amounts to be encashed from the Deemed Performance Guarantee after COD due to unavailability of funds Concessionaire in accordance with Article 16 in the Escrow Account, the same will be treated Concessioning Authority shall not, as a consequence of termination or otherwise, have any obligation whatsoever to any third party including but not limited to obligations as to compensation for loss of employment, continuance or regularization of employment, absorption or reemployment on any ground, in relation to any person in the employment of or engaged by the Concessionaire Event in connection with the Project, and the handback of Default and the Project Site/Port Assets/Project Facilities & Services by the Concessionaire to the Concessioning Authority shall accordingly be entitled to terminate this Agreement in accordance with Article 12free from any such obligation.