Common use of Construction and Operation of Facility Clause in Contracts

Construction and Operation of Facility. (a) Appointment of Contractor(s) The Company shall design, finance, construct, install, test, Commission, own, operate and maintain the Facility in accordance with the provisions of this Agreement, the Power Purchase Agreement and the Laws of Bangladesh and, to the extent not inconsistent therewith, the Environmental Guidelines; provided, that the Company may contract with the Construction Contractor(s) to design, construct, install, and Commission the Facility and the O&M Contractor(s) to operate and maintain the Facility; provided, further, that the appointment of the Construction Contractor(s) and the O&M Contractor(s) by the Company shall not relieve the Company of any of its obligations or potential liability regarding the design, financing, insuring, acquisition, construction, completion, Commissioning, operation, or maintenance of the Facility. (b) Construction Contractor(s) The Company shall deliver to the GOB a certificate of a duly authorised officer of the Company setting out the name and nationality of the Construction Contractor(s) (and any replacement or substitute thereto) and any major subcontractor (and any replacement or substitute thereto) not later than thirty (30) Business Days prior to the execution of the Construction Contract. If no objection is raised by the GOB by the end of such thirty (30) Business Day period, such certificate shall be deemed to be not objected to by the GOB. Such certificate shall also identify in detail (with such supporting documents as may be reasonably requested by the GOB) the total cost of spare parts (cost plus transportation cost) then expected to be imported by the Company or the Construction Contractor(s) under the Construction Contract and the total cost (cost plus transportation cost) of all of the equipment then expected to be supplied under the Construction Contract for incorporation into the Facility. The Company shall provide the actual cost (cost plus transportation cost) of all spare parts and the actual cost (cost plus transportation cost) of all equipment imported for incorporation into the Facility as of the Commercial Operations Date in a certificate delivered to the GOB within thirty (30) Days following the occurrence of the Commercial Operations Date (with such supporting documents as may be reasonably requested by the GOB). (c) O&M Contractor(s) The Company shall deliver to the GOB a certificate of a duly authorised officer of the Company setting out the name and nationality of any O&M Contractor(s) (and any replacement or substitute thereto) and any major subcontractor (and any replacement or substitute thereto) not later than fifteen (15) Business Days prior to the execution of any O&M Agreement, which O&M Agreement may be entered into by the Company if the GOB does not object to the O&M Contractor(s) or any major subcontractor (or any replacement or substitute thereto). If no objection is raised by the GOB by the end of such fifteen (15) Business Day period, such certificate shall be deemed to have been not objected to by the GOB. (d) Operation of the Facility by the Company Notwithstanding anything contained in this Section 5 to the contrary, the Company shall be entitled, upon notice to the GOB, NCC and BPDB, to engage its own personnel and operate the Facility or, in the case where the O&M Agreement then in effect has been terminated by the Company in accordance with its terms, engage some or all of the personnel of the former O&M Contractor(s) and operate the Facility, in either case with prior written notice to the GOB.

Construction and Operation of Facility. (a) Appointment of Contractor(s) The Company shall design, finance, construct, install, test, Commission, own, operate and maintain the Facility in accordance with the provisions of this Agreement, the Power Purchase Agreement and the Laws of Bangladesh and, to the extent not inconsistent therewith, the Environmental Guidelines; provided, that the Company may contract with the Construction Contractor(s) to design, construct, install, and Commission the Facility and the O&M Contractor(s) to operate and maintain the Facility; provided, further, that the appointment of the Construction Contractor(s) and the O&M Contractor(s) by the Company shall not relieve the Company of any of its obligations or potential liability regarding the design, financing, insuring, acquisition, construction, completion, Commissioning, operation, or maintenance of the Facility. (b) Construction Contractor(s) The Company shall deliver to the GOB a certificate of a duly authorised officer of the Company setting out the name and nationality of the Construction Contractor(s) (and any replacement or substitute thereto) and any major subcontractor (and any replacement or substitute thereto) not later than thirty (30) Business Days prior to the execution of the Construction Contract. If no objection is raised by the GOB by the end of such thirty (30) Business Day period, such certificate shall be deemed to be not objected to by the GOB. Such certificate shall also identify in detail (with such supporting documents as may be reasonably requested by the GOB) the total cost of spare parts (cost plus transportation cost) then expected to be imported by the Company or the Construction Contractor(s) under the Construction Contract and the total cost (cost plus transportation cost) of all of the equipment then expected to be supplied under the Construction Contract for incorporation into the Facility. The Company shall provide the actual cost (cost plus transportation cost) of all spare parts and the actual cost (cost plus transportation cost) of all equipment imported for incorporation into the Facility as of the Commercial Operations Date in a certificate delivered to the GOB within thirty (30) Days following the occurrence of the Commercial Operations Date (with such supporting documents as may be reasonably requested by the GOB). (c) O&M Contractor(s) The Company shall deliver to the GOB a certificate of a duly authorised officer of the Company setting out the name and nationality of any O&M Contractor(s) (and any replacement or substitute thereto) and any major subcontractor (and any replacement or substitute thereto) not later than fifteen (15) Business Days prior to the execution of any O&M Agreement, which O&M Agreement may be entered into by the Company if the GOB does not object to the O&M Contractor(s) or any major subcontractor (or any replacement or substitute thereto). If no objection is raised by the GOB by the end of such fifteen (15) Business Day period, such certificate shall be deemed to have been not objected to by the GOB. (d) Operation of the Facility by the Company Notwithstanding anything contained in this Section 5 to the contrary, the Company shall be entitled, upon notice to the GOB, NCC GOB and BPDB, to engage its own personnel and operate the Facility or, in the case where the O&M Agreement then in effect has been terminated by the Company in accordance with its terms, engage some or all of the personnel of the former O&M Contractor(s) and operate the Facility, in either case with prior written notice to the GOB.

Construction and Operation of Facility. (a) Appointment of Contractor(s) The Company shall design, finance, construct, install, test, Commission, own, operate and maintain the Facility in accordance with the provisions of this Agreement, the Power Purchase Agreement and the Laws of Bangladesh and, to the extent not inconsistent therewith, the Environmental Guidelines; provided, that the Company may contract with the Construction Contractor(s) to design, construct, install, and Commission the Facility and the O&M Contractor(s) to operate and maintain the Facility; provided, further, that the appointment of the Construction Contractor(s) and the O&M Contractor(s) by the Company shall not relieve the Company of any of its obligations or potential liability regarding the design, financing, insuring, acquisition, construction, completion, Commissioning, operation, or maintenance of the Facility. (b) Construction Contractor(s) The Company shall deliver to the GOB a certificate of a duly authorised officer of the Company setting out the name and nationality of the Construction Contractor(s) (and any replacement or substitute thereto) and any major subcontractor (and any replacement or substitute thereto) not later than thirty (30) Business Days prior to the execution of the Construction Contract. If no objection is raised by the GOB by the end of such thirty (30) Business Day period, such certificate shall be deemed to be not objected to by the GOB. Such certificate shall also identify in detail (with such supporting documents as may be reasonably requested by the GOB) the total cost of spare parts (cost plus transportation cost) then expected to be imported by the Company or the Construction Contractor(s) under the Construction Contract and the total cost (cost plus transportation cost) of all of the equipment then expected to be supplied under the Construction Contract for incorporation into the Facility. The Company shall provide the actual cost (cost plus transportation cost) of all spare parts and the actual cost (cost plus transportation cost) of all equipment imported for incorporation into the Facility as of the Commercial Operations Date in a certificate delivered to the GOB within thirty (30) Days following the occurrence of the Commercial Operations Date (with such supporting documents as may be reasonably requested by the GOB). (c) O&M Contractor(s) The Company shall deliver to the GOB a certificate of a duly authorised officer of the Company setting out the name and nationality of any O&M Contractor(s) (and any replacement or substitute thereto) and any major subcontractor (and any replacement or substitute thereto) not later than fifteen (15) Business Days prior to the execution of any O&M Agreement, which O&M Agreement may be entered into by the Company if the GOB does not object to the O&M Contractor(s) or any major subcontractor (or any replacement or substitute thereto). If no objection is raised by the GOB by the end of such fifteen (15) Business Day period, such certificate shall be deemed to have been not objected to by the GOB. (d) Operation of the Facility by the Company Notwithstanding anything contained in this Section 5 to the contrary, the Company shall be entitled, upon notice to the GOB, NCC Keranigonj Upazila Porishod and BPDB, to engage its own personnel and operate the Facility or, in the case where the O&M Agreement then in effect has been terminated by the Company in accordance with its terms, engage some or all of the personnel of the former O&M Contractor(s) and operate the Facility, in either case with prior written notice to the GOB.

Construction and Operation of Facility. (a) Appointment of Contractor(s) The Company shall design, finance, construct, install, test, Commission, own, operate and maintain the Facility in accordance with the provisions of this Agreement, the Power Purchase Agreement and the Laws of Bangladesh and, to the extent not inconsistent therewith, the Environmental Guidelines; provided, that the Company may contract with the Construction Contractor(s) to design, construct, install, and Commission the Facility and the O&M Contractor(s) to operate and maintain the Facility; provided, further, that the appointment of the Construction Contractor(s) and the O&M Contractor(s) by the Company shall not relieve the Company of any of its obligations or potential liability regarding the design, financing, insuring, acquisition, construction, completion, Commissioning, operation, or maintenance of the Facility. (b) Construction Contractor(s) The Company shall deliver to the GOB a certificate of a duly authorised officer of the Company setting out the name and nationality of the Construction Contractor(s) (and any replacement or substitute thereto) and any major subcontractor (and any replacement or substitute thereto) not later than thirty (30) Business Days prior to the execution of the Construction Contract. If no objection is raised by the GOB by the end of such thirty (30) Business Day period, such certificate shall be deemed to be not objected to by the GOB. Such certificate shall also identify in detail (with such supporting documents as may be reasonably requested by the GOB) the total cost of spare parts (cost plus transportation cost) then expected to be imported by the Company or the Construction Contractor(s) under the Construction Contract and the total cost (cost plus transportation cost) of all of the equipment then expected to be supplied under the Construction Contract for incorporation into the Facility. The Company shall provide the actual cost (cost plus transportation cost) of all spare parts and the actual cost (cost plus transportation cost) of all equipment imported for incorporation into the Facility as of the Commercial Operations Date in a certificate delivered to the GOB within thirty (30) Days following the occurrence of the Commercial Operations Date (with such supporting documents as may be reasonably requested by the GOB). (c) O&M Contractor(s) Contractor(s)‌ The Company shall deliver to the GOB a certificate of a duly authorised officer of the Company setting out the name and nationality of any O&M Contractor(s) (and any replacement or substitute thereto) and any major subcontractor (and any replacement or substitute thereto) not later than fifteen (15) Business Days prior to the execution of any O&M Agreement, which O&M Agreement may be entered into by the Company if the GOB does not object to the O&M Contractor(s) or any major subcontractor (or any replacement or substitute thereto). If no objection is raised by the GOB by the end of such fifteen (15) Business Day period, such certificate shall be deemed to have been not objected to by the GOB. (d) Operation of the Facility by the Company Notwithstanding anything contained in this Section 5 to the contrary, the Company shall be entitled, upon notice to the GOB, NCC GOB and BPDB, to engage its own personnel and operate the Facility or, in the case where the O&M Agreement then in effect has been terminated by the Company in accordance with its terms, engage some or all of the personnel of the former O&M Contractor(s) and operate the Facility, in either case with prior written notice to the GOB.

Construction and Operation of Facility. (a) Appointment of Contractor(s) The Company shall design, finance, construct, install, test, Commission, own, operate and maintain the Facility in accordance with the provisions of this Agreement, the Power Purchase Agreement, the Gas Supply Agreement, the Land Lease Agreement and the Laws of Bangladesh and, to the extent not inconsistent therewith, the Environmental Guidelines; provided, that the Company may contract with the Construction Contractor(s) to design, construct, install, and Commission the Facility and the O&M Contractor(s) to operate and maintain the Facility; provided, further, that the appointment of the Construction Contractor(s) and the O&M Contractor(s) by the Company shall not relieve the Company of any of its obligations or potential liability regarding the design, financing, insuring, acquisition, construction, completion, Commissioning, operation, or maintenance of the Facility. (b) Construction Contractor(s) The Company shall deliver to the GOB a certificate of a duly authorised officer of the Company setting out the name and nationality of the Construction Contractor(s) (and any replacement or substitute thereto) and any major subcontractor (and any replacement or substitute thereto) not later than thirty (30) Business Days prior to the execution of the Construction Contract. If no objection is raised by the GOB by the end of such thirty (30) Business Day period, such certificate shall be deemed to be not objected to by the GOB. Such certificate shall also identify in detail (with such supporting documents as may be reasonably requested by the GOB) the total cost of spare parts (cost plus transportation cost) then expected to be imported by the Company or the Construction Contractor(s) under the Construction Contract and the total cost (cost plus transportation cost) of all of the equipment then expected to be supplied under the Construction Contract for incorporation into the Facility. The Company shall provide the actual cost (cost plus transportation cost) of all spare parts and the actual cost (cost plus transportation cost) of all equipment imported for incorporation into the Facility as of the Commercial Operations Date in a certificate delivered to the GOB within thirty (30) Days following the occurrence of the Commercial Operations Date (with such supporting documents as may be reasonably requested by the GOB). (c) O&M Contractor(s) The Company shall deliver to the GOB a certificate of a duly authorised officer of the Company setting out the name and nationality of any O&M Contractor(s) (and any replacement or substitute thereto) and any major subcontractor (and any replacement or substitute thereto) not later than fifteen (15) Business Days prior to the execution of any O&M Agreement, which O&M Agreement may be entered into by the Company if the GOB does not object to the O&M Contractor(s) or any major subcontractor (or any replacement or substitute thereto). If no objection is raised by the GOB by the end of such fifteen (15) Business Day period, such certificate shall be deemed to have been not objected to by the GOB. (d) Operation of the Facility by the Company Notwithstanding anything contained in this Section 5 to the contrary, the Company shall be entitled, upon notice to the GOB, NCC GOB and BPDB, to engage its own personnel and operate the Facility or, in the case where the O&M Agreement then in effect has been terminated by the Company in accordance with its terms, engage some or all of the personnel of the former O&M Contractor(s) and operate the Facility, in either case with prior written notice to the GOB.