Conditions Precedent for Concessionaire. The obligations of the Authority and PLBs hereunder are subject to the satisfaction in full of the following Conditions Precedent of the Concessionaire. The Concessionaire shall have:
(a) Provided a certified true copy of its constituent documents;
(b) Prepared and submitted a Detailed Project Report, covering technology proposed, demand assessment, technical feasibility, detailed cost estimates, capital investment plan, project financing details, revenue projections, environment & social impact assessment and detailed financial analysis, to the Authority, consistent with the technical plan submitted during the bidding stage within 3 months from Appointed Date;
(c) Achieved financial closure i.e. procured and raised all the funds (debt, equity, etc.) necessary to finance the Project as evidenced by the funding documents becoming effective and the Concessionaire having immediate access to the funds thereunder;
(d) Finalized and taken over Secondary Collection Points in the Project Area in consultation with the PLBs;
(e) Provided notarised true copies of its board resolution authorizing the execution, delivery and performance of this Agreement by the Concessionaire;
(f) Executed and procured execution of Escrow Agreement in terms of Article 10;
(g) Executed and procured execution of Substitution Agreement;
(h) Confirmed that all the representations and warranties of the Concessionaire/ Successful Bidder set forth in the Proposal of the Successful Bidder and in this Agreement are true and correct;
(i) Executed the Land Lease Agreement(s) and taken over vacant and unencumbered possession of all the Site(s) from the Authority and PLBs;
(j) Made an application to Kerala State Electricity Regulatory Commission (the “Power regulator”) for fixing power tariff for the Waste Processing Plant to be paid by KSEB, as provided Power Purchase Agreement (PPA) signed between Concessionaire and KSEB separately; and
(k) Procured at its own cost, water connection, power connection and other service connections to the Site. Provided that upon request in writing by the Concessionaire, the Authority / PLBs may in its sole discretion, waive fully or partially any or all the Conditions Precedent set forth in this Article 2.6.
Conditions Precedent for Concessionaire. The Conditions Precedent, required to be satisfied by the Concessionaire within a period of 180 (one hundred and eighty) days from the date of this Agreement, shall be deemed to have been fulfilled when the Concessionaire shall have:
A. Applied for and procured Necessary Applicable Permits, 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 Necessary Applicable Permits would be in full force and effect.
B. Achieved Financial Close, executed Financing Agreements and delivered to the Authority, 3 (three) true copies of the Financing Agreements, Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders;
C. Executed and procured execution of the Escrow Agreement;
D. Executed and procured execution of the Substitution Agreement and submitted copies of the same to the Authority;
E. Delivered to the Authority from the Selected Bidder confirmation, in original, of the correctness of its representation and warranties set forth in sub-clauses of Article 7.1 of this Agreement;
F. Delivered 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;
G. Prepared, submitted and received approval from the Authority of the Detailed Project Report (DPR) as per Article 5.10;
Conditions Precedent for Concessionaire. The Concessionaire shall:
a. incorporate the necessary suggestions/ amendments with respect to the design and drawings, proposed by the Authority, within a period of 30 (thirty) days from the date of receipt of such suggestions from the Authority;
b. provide an undertaking that all of the Representations and Warranties of the Concessionaire set forth in Article 17 are true and correct as on date of this Agreement and as on the Compliance Date and thereafter;
c. provide copies (certified as true copies by an authorized officer of the Concessionaire) of the constitutional documents of the Concessionaire.
d. Provide copies (certified as true by the Director of the Concessionaire) of all resolutions adopted by the Board of Directors of the Concessionaire authorizing the execution, delivery and performance of this Agreement by the Concessionaire;
e. Provide from the Indian Legal Counsel of the Concessionaire a legal opinion with respect to the authority of the Concessionaire to enter into this Agreement and the Project Agreements and the Financing Documents and the enforceability of the provisions thereof;
f. prepare and submit a Project Implementation Schedule as specified in Article 8.6 (a);
g. submit safety plans and procedures as per Article 8.15; and
h. achieve Financial Closure as per the provisions of Article 19. Provided that upon request in writing by the Concessionaire, the Authority may, at its sole discretion and in writing, waive fully or partially any or all the Conditions Precedent set forth in this Article 4.2.
Conditions Precedent for Concessionaire. The obligations of H.D.A. hereunder are subject to the satisfaction in full of the following Conditions Precedent by the Concessionaire. The Concessionaire shall have:
(a) provided such documents as may be reasonably required by H.D.A., which may be required in the event of any significant change in the Applicable Laws, or in case of any significant material development in the business of the Concessionaire;
(b) provided an opinion in form satisfactory to H.D.A. from a legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into the Agreement and the enforceability of the provisions thereof;
(c) conducted an environmental due diligence of the Project of the nature and scope as may be reasonably required by H.D.A. consistent with the Applicable Laws, either directly or indirectly, at its own costs and expenses and in case it has found any form of pollution, including but not limited to, any toxic or pollutant substances, material or scraps, in the area wherein the Services are to be provided and/or the Project Facilities and has suggested suitable mitigating measures to H.D.A.;
Conditions Precedent for Concessionaire. The obligations of AMC hereunder are subject to the satisfaction in full of the following Conditions Precedent of the Concessionaire. The Concessionaire shall have:
(a) provided a certified true copy of its constituent documents;
(b) achieved financial closure i.e. procured and raised all the funds (debt, equity, etc.) necessary to finance the Project as evidenced by the funding documents becoming effective and the Concessionaire having immediate access to the funds there under;
(c) provided the AMC notarised true copies of its board resolution authorising the execution, delivery and performance of this Agreement by the Concessionaire;
(d) executed and procured execution of Escrow Agreement in terms of Article 10
(e) executed and procured execution of Substitution Agreement;
(f) Confirmed that all the representations and warranties of the Concessionaire/Successful Bidder set forth in the Proposal of the Successful Bidder and in this Agreement are true and correct.
(g) executed the Land Lease Agreement(s) and taken over vacant and unencumbered possession of the Site from the AMC
(h) procured at its own cost, water connection, power connection and other service connections to the Site, help shall be provided by AMC in procurement of the same.
Conditions Precedent for Concessionaire. P&D (CP-P&D Concessionaire)
a) achieved financial closure i.e. procured and raised all the funds (debt, equity, grant etc.) necessary to finance the Construction Works – P&D as evidenced by the funding documents becoming effective and the Concessionaire having immediate access to the funds there under;
b) executed the Project Site Lease Deed and taken over of the Processing & Dispsoal Facilities Site and Project Site(s) from the Concessioning Authority in accordance with Annexure 5B
c) got approved from the Concessioning Authority the design and detailed engineering for the Project Facilities in accordance with the provisions of Annexure 4; d) received, at its own cost, water connection, power connection and other service connections to the Project & Processing Facilities Site/ Project Sites;
Conditions Precedent for Concessionaire. The Concessionaire shall have
(a) made all the applications at its cost and procured the technical alliances, Applicable Permits required for commencing construction and execution of the Works unconditionally or if subject to conditions then all such conditions have been satisfied in full and such Applicable Permits are in full force and effect and the Concessionaire is in compliance with the conditions of grant thereof and they are valid and effective;
(b) Submitted atleast three alternative concepts along with three dimensional (3D) views and the architectural/ G.A. (General Arrangement) drawings of the finalized concept - all within one month of date of signing of this Agreement.
(c) provided the Concessioning Authority notarised true copies of its constitutional documents and board resolutions authorising the execution, delivery and performance of this Agreement by the Concessionaire;
(d) achieved financial assistance as per Section 8 of this Agreement and provided notarised true copies of the Financing Documents to the Concessioning Authority along with soft copies;
(e) provided Construction Performance Security to the Concessioning Authority;
(f) confirmed in writing that all the representations and warranties of the Preferred Bidder/Concessionaire set forth in the Bid and forming part of this Agreement are true and correct as on the date of execution of this Agreement and the Compliance Date
Conditions Precedent for Concessionaire. The obligations of the Concessioning Authority hereunder are subject to the satisfaction in full of the following Conditions Precedent. The Concessionaire shall have
Conditions Precedent for Concessionaire. 1The obligations of BRBN hereunder are subject to the satisfaction in full of the followingConditions Precedents by the Concessionaire. The Concessionaire shall have:
Conditions Precedent for Concessionaire. The Concessionaire shall:
a. incorporate the necessary suggestions/ amendments with respect to the design and drawings, proposed by the Authority, within a period of 30 (thirty) days from the date of receipt of such suggestions from the Authority;
b. provide an undertaking that all of the Representations and Warranties of the Concessionaire set forth in Article 17 are true and correct as on date of this Agreement and as on the Compliance Date and thereafter;
c. provide copies (certified as true copies by an authorized officer of the Concessionaire) of the constitutional documents of the Concessionaire.
d. Provide copies (certified as true by the Director of the Concessionaire) of all resolutions adopted by the Board of Directors of the Concessionaire authorizing the execution, delivery and performance of this Agreement by the Concessionaire;
