Common use of Conditions Precedent for the Concessionaire Clause in Contracts

Conditions Precedent for the Concessionaire. The Concessionaire shall have:- i. Prepared a concept plan for the Project and preliminary project cost estimates, including the area statement, block drawings, details of services to be so provided and as incorporated in the concept plan as per the applicable Local Byelaws, Norms, etc and submit to the Concessioning Authority for its approval, whereby meeting all the requirements mentioned herein, apart from all other requirements of this the Concession Agreement in the concept plan within a period of 3 0 days from the Appointed Date. The Concessionaire shall also be required to submit a copy of the documents and drawings to the Independent Consultant for its review. CHB shall include the comments and suggestions received from Independent Consultant in the suggestions and amendments given by CHB to Concessionaire. ii. Incorporated the necessary suggestions / amendments proposed by the Concessioning Authority in its concept plan, within a period of 10 (ten) days from the date of receipt of such suggestions from the Concessioning Authority and submit again for approval. iii. Provided the Concessioning 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 the Concession Agreement by the Concessionaire. iv. Delivered to the Concessioning Authority, a legal opinion from the 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. v. Executed and procured execution of the Substitution Agreement. vi. Executed the Financing Agreements and delivered to the Concessioning Authority, 3 (three) true copies thereof, duly attested by a Director of the Concessionaire.

Conditions Precedent for the Concessionaire. The Concessionaire shall have:-have – i. Prepared a concept plan Concept Design / Drawing for the Project and preliminary project Project cost estimates, including the area statement, block drawingselevations, sections, details of services to be so provided and as incorporated in the concept plan Concept Design / Drawing (such as provision for the minimum number of rooms stipulated, provision for Parking spaces, %age of Commercial Area being used, etc.) as per the applicable Local Building Byelaws, Norms, etc etc. and submit the “Report” to the Concessioning Authority for its approval, whereby meeting all the requirements mentioned herein, apart from all other requirements of this the Concession Agreement in the concept plan Concept Design / Drawings within a period of 3 0 90 days from the Appointed Date. The Concessionaire shall also be required to submit a copy of the documents and drawings to the Independent Consultant for its review. CHB shall include the comments and suggestions received from Independent Consultant in the suggestions and amendments given by CHB to Concessionaire. ii. Incorporated Incorporate the necessary suggestions / amendments proposed by the Concessioning Authority in its concept planConcept Design / Drawing Report, within a period of 10 15 (tenfifteen) days from the date of receipt of such suggestions from the Concessioning Authority and submit again for approvalAuthority. iii. Provided the Concessioning 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 the this Concession Agreement by the Concessionaire. iv. Delivered to the Concessioning Authority, a legal opinion from the legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into the this Agreement and the enforceability of the provisions thereof. v. Executed and procured execution of the Substitution Agreement. vi. Executed the Financing Agreements and delivered to the Concessioning Authority, 3 (three) true copies thereof, duly attested by a Director of the Concessionaire.

Conditions Precedent for the Concessionaire. The Concessionaire shall have:- i. Prepared a concept plan for the Project and preliminary project cost estimates, including the area statement, block drawings, details of services to be so provided and as incorporated in the concept plan as per the applicable applicab le Local Byelaws, Norms, etc and submit to the Concessioning Authority for its approval, whereby meeting all the requirements mentioned herein, apart from all other requirements of this th is the Concession Agreement in the concept c oncept plan within withi n a period of 3 0 140 days from the Appointed Date. The Concessionaire shall also be required to submit a copy of the documents and drawings to the Independent Consultant for its review. CHB NRDA shall include the comments and suggestions received from Independent Consultant in the suggestions and amendments given by CHB NRDA to Concessionaire. ii. Incorporated the necessary suggestions / amendments proposed by the Concessioning Authority in its concept planplan , within a period of 10 (tenten ) days from the date of receipt of such suggestions from the Concessioning Authority and submit again for approvalapproval . iii. Provided the Concessioning 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 executionex ecution, delivery and performance of the Concession Agreement by the ConcessionaireConcessionaire . iv. Delivered to the Concessioning Authority, a legal opinion from the 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. v. Executed and procured execution of the Substitution Agreement. vi. Executed the Financing Agreements and delivered to the Concessioning Authority, 3 (three) true copies thereof, duly dul y attested by a Director of the ConcessionaireConcession aire.

Conditions Precedent for the Concessionaire. The Concessionaire shall have:- i. Prepared a concept plan for the Project and preliminary project cost estimates, including the area statement, block drawings, details of services to be so provided and as incorporated in the concept plan as per the applicable Local Byelaws, Norms, etc and submit to the Concessioning Authority for its approval, whereby meeting all the requirements mentioned herein, apart from all other requirements of this the th is Concession Agreement in the concept c oncept plan within withi n a period of 3 0 140 days from the Appointed Date. The Concessionaire shall also be required to submit a copy of the documents and drawings to the Independent Consultant for its review. CHB NRDA shall include the comments and suggestions received from Independent Consultant in the suggestions and amendments given by CHB NRDA to Concessionaire. ii. Incorporated the necessary suggestions / amendments proposed by the Concessioning Authority in its concept planplan , within a period of 10 (tenten ) days from the date of receipt of such suggestions from the Concessioning Authority and submit again for approvalapproval . iii. Provided the Concessioning Authority copies (certified as true by the Director Direc tor of the Concessionaire) of all resolutions adopted by the Board of Directors of the Concessionaire authorizing the execution, delivery and performance of the this Concession Agreement by the ConcessionaireConcessionaire . iv. Delivered to the Concessioning Authority, a legal lega l opinion from the legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into the this Agreement and the enforceability of the provisions thereof. v. Executed and procured execution of the Substitution Agreement. vi. Executed the Financing Agreements and delivered to the Concessioning Authority, 3 (three) true copies thereof, duly attested by a Director of the ConcessionaireConcession aire.

Conditions Precedent for the Concessionaire. The Concessionaire shall have:-have complied with the following: i. (a) Provided the Authority with the Construction Performance Security in accordance with Article 8.2; (b) Prepared a concept plan an Approved Detailed Plan for the Project and preliminary project cost estimates, including the area statementcomplete design, block drawingsplan, drawings and all other details required for construction, installation of services to be so Equipment and carrying out the Project and achieving the Project Construction Completion Date in accordance with this Agreement and the Applicable Laws. The Approved Detailed Plan shall include construction, finishing details, installation plan and lay outs of the Equipment at the Project Site in accordance with the plan provided and as incorporated in Schedule 4; (c) Submitted the concept plan as per the applicable Local Byelaws, Norms, etc and submit Approved Detailed Design to the Concessioning Authority and/or its appointed Consultant, if any, for its approval, whereby meeting all the requirements mentioned herein, apart from all other requirements of this the Concession Agreement in the concept plan their review within a period of 3 0 days from the Appointed Date. The Concessionaire shall also be required to submit a copy of the documents and drawings to the Independent Consultant for its review. CHB shall include the comments and suggestions received from Independent Consultant in the suggestions and amendments given by CHB to Concessionaire. ii. Incorporated the necessary suggestions / amendments proposed by the Concessioning Authority in its concept plan, within a period of 10 (ten15) days from the date of receipt the execution of such suggestions from this Agreement. If the Concessioning Authority or its Consultant provides any comments on the Approved Detailed Plan the Concessionaire shall revise the Approved Detailed Plan and submit again resubmit for approval.review; iii. (d) Provided the Concessioning Authority with 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 the Concession this Agreement by the Concessionaire.; iv. (e) Delivered to the Concessioning Authority, a legal opinion from the 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.; v. Executed (f) Provided to the Authority evidence of import/procurement of Equipment including commercial invoice, packing list, bill of lading, letter of credit and procured execution the certificate referred to in Article 2.3(l); (g) Sought and received the approval of all term sheets in respect of the Substitution Agreement.Financial Assistance to be obtained from the Lender(s); vi. (h) Executed the Financing Agreements and delivered to the Concessioning Authority, 3 three (three3) true copies thereof, duly attested by a Director of the Concessionaire; (i) Achieved Financial Closure pursuant to the Financing Agreements within (180) days of the execution of this Agreement and delivered to the Authority, documents evidencing the same including 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model; (j) Delivered the Authority with copies of all insurance / takaful policies (if any) obtained in accordance with Article 8.6.; (k) Executed the Integrity Pact in the form provided in Schedule 6 (Integrity Pact); (l) Provided the Authority with copies (certified as true copies by Director of the Concessionaire) of the constitutional documents of the Concessionaire including the Memorandum and Articles of the Association of the Concessionaire as well as all forms filed with the Securities Exchange Commission of Pakistan; and (m) Obtained all Government Agency clearances and Applicable Permits under the Applicable Laws for the purposes of the Project.

Conditions Precedent for the Concessionaire. The Concessionaire shall have:- i. Prepared a DPR and concept plan for the Project and preliminary project cost estimates, including the area statement, block drawings, details of services to be so provided and as incorporated in the DPR and concept plan as per the applicable Local ByelawsBuilding Bye laws, Norms, Norms of Naya Raipur Development Plan 2031 etc and submit to the Concessioning Authority for its approval, whereby meeting all the requirements mentioned herein, apart from all other requirements of this the Concession Agreement in the DPR and concept plan within a period of 3 0 60 days (Sixty days) from the Appointed Date. The Concessionaire shall also be required to submit a copy of the documents and drawings to the Independent Consultant for its review. CHB NRDA shall include the comments and suggestions received from Independent Consultant Engineer in the suggestions and amendments given by CHB NRDA to Concessionaire. ii. Incorporated the necessary suggestions / amendments proposed by the Concessioning Authority in its concept plan, within a period of 10 15 (tenfifteen) days from the date of receipt of such suggestions from the Concessioning Authority and submit again for approval.. It is clarified here that the Concessionaire shall not start the construction until and unless the Authority approves the concept and detailed design of the Project again after carrying out necessary amendments, which shall not be unduly delayed iii. Provided the Concessioning 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 the this Concession Agreement by the Concessionaire. Further provided the Authority copies (certified as true copies by an authorized officer of the Concessionaire) of the constitutional documents of the Concessionaire. iv. Delivered to the Concessioning 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 Agreement Project Agreements and the Financing Documents and the enforceability of the provisions thereof. v. Executed executed and procured execution of the Substitution Agreement. vi. Executed executed the Financing Agreements and delivered to the Concessioning Authority, 3 (three) true copies thereof, duly attested by a Director of the Concessionaire. vii. prepared in consultation with the Independent Engineer the Project Implementation Schedule and submit to the Concessioning Authority. viii. provided an undertaking that all of the Representations and Warranties of the Concessionaire are true and correct as on date of this Agreement and as on the Compliance Date and thereafter; ix. submitted safety plans and procedures related to Project. x. procured all the Clearances specified in Schedule-7 unconditionally or if subject to conditions, then all such conditions required to be fulfilled under such Clearances, as on the date the Concessionaire claims satisfaction of all the Conditions Precedent under this Agreement, are fulfilled;

Conditions Precedent for the Concessionaire. The Concessionaire shall have:- i. Prepared a concept plan for the Project and preliminary project cost estimates, including the area statement, block drawings, details of services to be so provided and as incorporated in the concept plan as per the applicable Local Byelaws, Norms, etc and submit to the Concessioning Authority for its approval, whereby meeting all the requirements mentioned herein, apart from all other requirements of this the Concession Agreement in the concept plan within a period of 3 0 days from the Appointed Date. The Concessionaire shall also be required to submit a copy of the documents and drawings to the Independent Consultant for its review. CHB shall include the comments and suggestions received from Independent Consultant in the suggestions and amendments given by CHB to Concessionaire. ii. Incorporated the necessary suggestions / amendments proposed by the Concessioning Authority in its concept plan, within a period of 10 (ten) days from the date of receipt of such suggestions from the Concessioning Authority and submit again for approval. iii. Provided the Concessioning 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 the Concession Agreement by the Concessionaire. iv. Delivered to the Concessioning Authority, a legal opinion from the 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. v. Executed and procured execution of the Substitution Agreement. vi. Executed the Financing Agreements and delivered to the Concessioning Authority, 3 (three) true copies thereof, duly attested by a Director of the Concessionaire.

Conditions Precedent for the Concessionaire. The Concessionaire shall have:- i. Prepared a concept plan for the Project and preliminary project cost estimates, including the area statement, block drawings, details of services to be so provided and as incorporated in the concept plan as per the applicable Local Byelaws, Norms, etc and submit to the Concessioning Authority for its approval, whereby meeting all the requirements mentioned herein, apart from all other requirements of this the th is Concession Agreement in the concept c oncept plan within withi n a period of 3 0 140 days from the Appointed Date. The Concessionaire shall also be required to submit a copy of the documents and drawings to the Independent Consultant for its review. CHB NRDA shall include the comments and suggestions received from Independent Consultant in the suggestions and amendments given by CHB NRDA to Concessionaire. ii. Incorporated the necessary suggestions / amendments proposed by the Concessioning Authority in its concept planplan , within a period of 10 (tenten ) days from the date of receipt of such suggestions from the Concessioning Authority and submit again for approvalapproval . iii. Provided the Concessioning Authority copies (certified as true by b y the Director of the Concessionaire) of all resolutions adopted by the Board of Directors of the Concessionaire authorizing the execution, delivery and performance of the this Concession Agreement by the ConcessionaireConcessionaire . iv. Delivered to the Concessioning AuthorityAuthor ity, a legal opinion from the legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into the this Agreement and the enforceability of the provisions thereof. v. Executed and procured execution of the Substitution AgreementAgr eement. vi. Executed the Financing Agreements and delivered to the Concessioning Authority, 3 (three) true copies thereof, duly attested by a Director of the ConcessionaireConcession aire.

Conditions Precedent for the Concessionaire. The Concessionaire shall have:- i. Prepared a concept plan for the Project and preliminary project cost estimates, including the area statement, block drawings, details of services to be so provided and as incorporated in the concept plan as per the applicable Local Byelaws, Norms, etc and submit to the Concessioning Authority for its approval, whereby meeting all the requirements mentioned herein, apart from all other requirements of this the Concession Agreement in the concept plan within a period of 3 0 days from the Appointed Date. The Concessionaire shall also be required to submit a copy of the documents and drawings to the Independent Consultant TA for its review. CHB shall include the comments and suggestions received from Independent Consultant TA in the suggestions and amendments given by CHB to Concessionaire. ii. Incorporated the necessary suggestions / amendments proposed by the Concessioning Authority in its concept plan, within a period of 10 (ten) days from the date of receipt of such suggestions from the Concessioning Authority and submit again for approval. iii. Provided the Concessioning 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 the Concession Agreement by the Concessionaire. iv. Delivered to the Concessioning Authority, a legal opinion from the 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. v. Executed and procured execution of the Substitution Agreement. vi. Executed the Financing Agreements and delivered to the Concessioning Authority, 3 (three) true copies thereof, duly attested by a Director of the Concessionaire.