Common use of Conditions Precedent for Concessionaire Clause in Contracts

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 obligations of the Authority are subject to the satisfaction in full of the following Conditions Precedent, required to be satisfied by Precedent for 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. The Concessionaire shall have: A. Applied for (a) made all the applications at its cost and procured Necessary the Applicable Permits, Permits as per the indicative list set out in Appendix required for commencing construction and execution of the Works 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 are in full force and effect.effect and the Concessionaire is in compliance with the conditions of grant thereof and they are valid and effective; B. Achieved Financial Close, executed Financing Agreements and delivered to (b) provided the Authority, 3 (three) Authority notarised true copies of its constitutional documents and board resolutions authorising the Financing Agreementsexecution, Financial Package delivery and the Financial Model, duly attested performance of this Agreement 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 (c) executed and procured execution of the Escrow Agreement; D. Executed (d) achieved Financial Closure and procured execution of the Substitution Agreement and submitted provided notarised true copies of the same to the Authority; E. Delivered Financing Documents to the Authority along with soft copies; (e) prepared, finalised and procured approval of the Authority for the Detailed Project Report in accordance with the provisions of Section 6.1 hereof; (f) procured consent for establishment /consent for operation/ environmental clearance etc from the Selected Bidder confirmationState/Central Agencies/Authorities, in originalas may be required under Applicable Law, 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 after having completed preparation of the Detailed Project Report as required; (DPRg) confirmed in writing that all the representations and warranties of the Preferred Bidder/Concessionaire set forth in the Proposal and forming part of this Agreement are true and correct as per Article 5.10;on the date of execution of this Agreement and the Compliance Date; Provided that upon request in writing by the Concessionaire, the Authority may, in its sole discretion, waive fully or partially any or all the Conditions Precedent set forth in this Section 3.3.

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 the 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 obligations of the Authority are subject to the satisfaction in full of the following Conditions Precedent, required to be satisfied by Precedent for 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. The Concessionaire shall have: A. Applied for (a) made all the applications at its cost and procured Necessary the Applicable Permits, Permits as per the indicative list set out in Appendix 10 required for commencing construction and execution of the Works 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 are in full force and effect.effect and the Concessionaire is in compliance with the conditions of grant thereof and they are valid and effective; B. Achieved Financial Close, executed Financing Agreements and delivered to (b) provided the Authority, 3 (three) Authority notarised true copies of its constitutional documents and board resolutions authorising the Financing Agreementsexecution, Financial Package delivery and the Financial Model, duly attested performance of this Agreement 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 (c) executed and procured execution of the Escrow Agreement; D. Executed (d) achieved Financial Closure and procured execution of the Substitution Agreement and submitted provided notarised true copies of the same to the Authority; E. Delivered Financing Documents to the Authority along with soft copies; prepared, finalised and procured approval of the Authority for the Detailed Project Report in accordance with the provisions of Section 6.1 hereof; (e) procured consent for establishment /consent for operation/ environmental clearance etc from the Selected Bidder confirmationState/Central Agencies/Authorities, in originalas may be required under Applicable Law, 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 after having completed preparation of the Detailed Project Report as required; (DPRf) confirmed in writing that all the representations and warranties of the Selected Bidder/Concessionaire set forth in the Proposal and forming part of this Agreement are true and correct as per Article 5.10;on the date of execution of this Agreement and the Compliance Date; Provided that upon request in writing by the Concessionaire, the Authority may, in its sole discretion, waive fully or partially any or all the Conditions Precedent set forth in this Section 3.3.

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 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 5.105.11;

Conditions Precedent for Concessionaire. The obligations of the Authority are subject to the satisfaction in full of the following Conditions Precedent, required to be satisfied by Precedent for 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. The Concessionaire shall have: A. Applied for (a) made all the applications at its cost and procured Necessary the Applicable Permits, Permits as per the indicative list set out in Appendix 9 required for commencing construction and execution of the Works 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 are in full force and effect.effect and the Concessionaire is in compliance with the conditions of grant thereof and they are valid and effective; B. Achieved Financial Close, executed Financing Agreements and delivered to (b) provided the Authority, 3 (three) Authority notarised true copies of its constitutional documents and board resolutions authorising the Financing Agreementsexecution, Financial Package delivery and the Financial Model, duly attested performance of this Agreement 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 (c) executed and procured execution of the Escrow Agreement; D. Executed (d) achieved Financial Closure and procured execution of the Substitution Agreement and submitted provided notarised true copies of the same to the Authority; E. Delivered Financing Documents to the Authority along with soft copies; (e) prepared, finalised and procured approval of the Authority for the Detailed Project Report in accordance with the provisions of Section 6.1 hereof; (f) procured consent for establishment /consent for operation/ environmental clearance etc from the Selected Bidder confirmationState/Central Agencies/Authorities, in originalas may be required under Applicable Law, 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 after having completed preparation of the Detailed Project Report as required; (DPRg) confirmed in writing that all the representations and warranties of the Preferred Bidder/Concessionaire set forth in the Proposal and forming part of this Agreement are true and correct as per Article 5.10;on the date of execution of this Agreement and the Compliance Date; Provided that upon request in writing by the Concessionaire, the Authority may, in its sole discretion, waive fully or partially any or all the Conditions Precedent set forth in this Section 3.3.

Conditions Precedent for Concessionaire. The obligations of the Authority are subject to the satisfaction in full of the following Conditions Precedent, required to be satisfied by Precedent for 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. The Concessionaire shall have: A. Applied for (a) made all the applications at its cost and procured Necessary the Applicable Permits, Permits as per the indicative list set out in Appendix required for commencing construction and execution of the Works 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 are in full force and effect.effect and the Concessionaire is in compliance with the conditions of grant thereof and they are valid and effective; B. Achieved Financial Close, executed Financing Agreements and delivered to (b) provided the Authority, 3 (three) Authority notarised true copies of its constitutional documents and board resolutions authorising the Financing Agreementsexecution, Financial Package delivery and the Financial Model, duly attested performance of this Agreement 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 (c) executed and procured execution of the Escrow Agreement; D. Executed (d) achieved Financial Closure and procured execution of the Substitution Agreement and submitted provided notarised true copies of the same to the Authority; E. Delivered Financing Documents to the Authority along with soft copies; (e) prepared, finalised and procured approval of the Authority for the Detailed Project Report in accordance with the provisions of Section 6.1 hereof; (f) procured consent for establishment /consent for operation/ environmental clearance etc., from the Selected Bidder confirmationState/Central Agencies/Authorities, in originalas may be required under Applicable Law, 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 after having completed preparation of the Detailed Project Report as required; (DPRg) confirmed in writing that all the representations and warranties of the Preferred Bidder/Concessionaire set forth in the Proposal and forming part of this Agreement are true and correct as per Article 5.10;on the date of execution of this Agreement and the Compliance Date; Provided that upon request in writing by the Concessionaire, the Authority may, in its sole discretion, waive fully or partially any or all the Conditions Precedent set forth in this Section 3.3.

Conditions Precedent for Concessionaire. ‌ 4.3.1 The Conditions Precedent, 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 havehave within a period of [120] [(one hundred twenty)] days from the date of execution of this Agreement, to the satisfaction of the Construction Supervisor and ULB: A. Applied for (a) obtained consent to establish the Project Facilities from the Uttar Pradesh Pollution Control Board as per applicable rules and regulations including SWM Rules 2016; (b) procured Necessary all the Applicable Permits, Permits specified in Schedule 2 unconditionally or and if subject to conditions then conditions, 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 are in full force and effect.; B. Achieved Financial Close, (c) executed the Financing Agreements and delivered to the AuthorityConstruction Supervisor 3 (three) true copies thereof, duly attested by a Director of the Concessionaire; (d) delivered to the Construction Supervisor 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 (e) delivered to the Authority; E. Delivered to the Authority Construction Supervisor a confirmation from the Selected Bidder confirmation/ each of the Consortium member if the Selected Bidder is a Consortium, in original, of the correctness of its representation their Representations and warranties Warranties set forth in sub-clauses of Article 7.1 of this AgreementClause 7.1.1 (m), Clause 7.1.1 (n) and Clause 7.1.1 (o); F. Delivered (f) delivered to the Authority Construction Supervisor the Operations Plan as per Schedule 1111; (g) delivered to the Construction Supervisor 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(h) delivered to the Construction Supervisor atleast 5 (five) copies of its Development Plan including the Drawings for the Project. The Concessionaire shall at its cost, submitted prepare the Development Plan in conformity with the Scope of Work. The Development Plan shall inter-alia provide: (i) Plan for development, operation, maintenance and received approval management of the Project. (ii) Detailed break-up of Project Cost in accordance with Good Engineering Practices basing them primarily on UPPWD Rates, CPWD Rates, fully justified market rates and supported with Quotations). (iii) Details of SW MSW processing and landfilling technology proposed to be adopted by the Concessionaire for the Project (iv) Details of equipment to be procured, erected and installed at the Project Facilities (v) PERT / Xxxxx chart for development of the Project (i) delivered to the Construction Supervisor, the following confirmations, in original, from the Authority Selected Bidder/ members of Consortium: (i) it / its members shall at all times comply with the Detailed Project Report (DPR) as per Article 5.10provisions of Clause 5.11.2 in respect of their shareholding in the Concessionaire;

Conditions Precedent for Concessionaire. The obligations of the Authority are subject to the satisfaction in full of the following Conditions Precedent, required to be satisfied by Precedent for 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. The Concessionaire shall have: A. Applied for (a) made all the applications at its cost and procured Necessary the Applicable Permits, Permits as per the indicative list set out in Appendix 8 required for commencing construction and execution of the Works 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 are in full force and effect.effect and the Concessionaire is in compliance with the conditions of grant thereof and they are valid and effective; B. Achieved Financial Close, executed Financing Agreements and delivered to (b) provided the Authority, 3 (three) Authority notarised true copies of its constitutional documents and board resolutions authorising the Financing Agreementsexecution, Financial Package delivery and the Financial Model, duly attested performance of this Agreement 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 (c) executed and procured execution of the Escrow Agreement; D. Executed (d) achieved Financial Closure and procured execution of the Substitution Agreement and submitted provided notarised true copies of the same to the Authority; E. Delivered Financing Documents to the Authority along with soft copies; prepared, finalised and procured approval of the Authority for the Detailed Project Report in accordance with the provisions of Section 6.1 hereof; (e) procured consent for establishment /consent for operation/ environmental clearance etc from the Selected Bidder confirmationState/Central Agencies/Authorities, in originalas may be required under Applicable Law, 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 after having completed preparation of the Detailed Project Report as required; (DPRf) confirmed in writing that all the representations and warranties of the Selected Bidder/Concessionaire set forth in the Proposal and forming part of this Agreement are true and correct as per Article 5.10;on the date of execution of this Agreement and the Compliance Date; Provided that upon request in writing by the Concessionaire, the Authority may, in its sole discretion, waive fully or partially any or all the Conditions Precedent set forth in this Section 3.3.

Conditions Precedent for Concessionaire. ‌ 4.3.1 The Conditions Precedent, 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 havehave within a period of [120] [(one hundred twenty)] days from the date of execution of this Agreement, to the satisfaction of the Construction Supervisor and ULB: A. Applied for (a) obtained consent to establish the Project Facilities from the Uttar Pradesh Pollution Control Board as per applicable rules and regulations including SWM Rules 2016; (b) procured Necessary all the Applicable Permits, Permits specified in Schedule 2 unconditionally or and if subject to conditions then conditions, 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 are in full force and effect.; B. Achieved Financial Close, (c) executed the Financing Agreements and delivered to the AuthorityConstruction Supervisor 3 (three) true copies thereof, duly attested by a Director of the Concessionaire; (d) delivered to the Construction Supervisor 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 (e) delivered to the Authority; E. Delivered to the Authority Construction Supervisor a confirmation from the Selected Bidder confirmation/ each of the Consortium member if the Selected Bidder is a Consortium, in original, of the correctness of its representation their Representations and warranties Warranties set forth in sub-clauses of Article 7.1 of this AgreementClause 7.1.1 (m), Clause 7.1.1 (n) and Clause 7.1.1 (o); F. Delivered (f) delivered to the Authority Construction Supervisor the Operations Plan as per Schedule 11; (g) delivered to the Construction Supervisor 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(h) delivered to the Construction Supervisor atleast 5 (five) copies of its Development Plan including the Drawings for the Project. The Concessionaire shall at its cost, submitted prepare the Development Plan in conformity with the Scope of Work. The Development Plan shall inter-alia provide: (i) Plan for development, operation, maintenance and received approval management of the Project. (ii) Detailed break-up of Project Cost in accordance with Good Engineering Practices basing them primarily on UPPWD Rates, CPWD Rates, fully justified market rates and supported with Quotations). (iii) Details of MSW processing and landfilling technology proposed to be adopted by the Concessionaire for the Project (iv) Details of equipment to be procured, erected and installed at the Project Facilities (v) PERT / Xxxxx chart for development of the Project (i) delivered to the Construction Supervisor, the following confirmations, in original, from the Authority Selected Bidder/ members of Consortium: (i) it / its members shall at all times comply with the Detailed Project Report (DPR) as per Article 5.10provisions of Clause 5.11.2 in respect of their shareholding in the Concessionaire;

Conditions Precedent for Concessionaire. The obligations of the Authority, hereunder, are subject to the satisfaction in full of the following Conditions Precedent, required to be satisfied Precedent 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. The Concessionaire shall have: A. Applied (i) submitted the Refurbishment and Commissioning Plan along with detailed specifications for the Project Hospital to the Independent Consultant and procured Necessary approval on the same in accordance with the provisions of Clause 6.1 hereof; (ii) achieved Financial Closure and submitted attested true copies of the Financing Documents to the Authority, along with its soft copies; (iii) provided the Authority copies (certified as true copies by an authorized officer of the Concessionaire) of the Charter Documents of the Concessionaire; (iv) provided the Authority 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; (v) procured/obtained, at its own cost and expense, the Applicable PermitsPermits required during the Refurbishment and Commissioning Period, 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 permits are in full force and effecteffect and the Concessionaire is in compliance with the conditions of grant thereof; (vi) submitted the approvals required for providing Services in the Project Hospital as per the Applicable Laws; (vii) confirmed, in writing, that all the represent ations and warranties of the Concessionaire set forth in the Bid /Applications and forming part of this Agreement are/shall be true and correct as on the Execution Date and the Compliance Date. B. Achieved Financial Close, executed Financing Agreements and delivered to (viii) submitted the Authority, 3 (three) true copies amended Charter Documents in terms of the Financing Agreements, Financial Package and the Financial Model, duly attested Clause 6.17 hereof. Provided that upon request in writing 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 confirmationmay, in originalits sole discretion, of waive fully or partially any or all the correctness of its representation and warranties Conditions Precedent 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;Clause 2.2.1.

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 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 X. Xxxxxxxx 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 X. Xxxxxxxx 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 X. Xxxxxxxxx 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. PreparedX. Xxxxxxxx, submitted and received approval from the Authority of the Detailed Project Report (DPR) as per Article 5.105.11;

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 the 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 X. Xxxxxxxx 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 X. Xxxxxxxx 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 X. Xxxxxxxxx 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. PreparedX. Xxxxxxxx, submitted and received approval from the Authority of the Detailed Project Report (DPR) as per Article 5.10;

Conditions Precedent for Concessionaire. The obligations of the Grantor / Authority are subject to the satisfaction in full of the following Conditions Precedent, required to be satisfied by Precedent for 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. The Concessionaire shall have: A. Applied for (a) made all the applications at its cost and procured Necessary the Applicable Permits, Permits as per the indicative list set out in Appendix-10 required for commencing construction and execution of the Works 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 are in full force and effect.effect and the Concessionaire is in compliance with the conditions of grant thereof and they are valid and effective; B. Achieved Financial Close, executed Financing Agreements and delivered to (b) provided the Authority, 3 (three) Grantor / Authority notarised true copies of its constitutional documents and board resolutions authorising the Financing Agreementsexecution, Financial Package delivery and the Financial Model, duly attested performance of this Agreement 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 (c) executed and procured execution of the Escrow Agreement; D. Executed (d) achieved Financial Closure and procured execution of the Substitution Agreement and submitted provided notarised true copies of the same Financing Documents to the AuthorityGrantor / Authority along with soft copies; E. Delivered to (e) prepared and finalised the Authority Detailed Project Report in accordance with the provisions of Section 6.1 hereof; (f) procured consent for establishment /consent for operation etc from the Selected Bidder confirmationState/Central Agencies/Authorities, in originalas may be required under Applicable Law, 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 after having completed preparation of the Detailed Project Report as required (DPRg) confirmed in writing that all the representations and warranties of the Preferred Bidder/Concessionaire set forth in the Proposal and forming part of this Agreement are true and correct as per Article 5.10;on the date of execution of this Agreement and the Compliance Date