Construction Development of the Project. The Allottee has seen the proposed layout plan/demarcation-cum-zoning/sanctioned plans, / site plan / building plan, specifications, amenities and facilities, etc. depicted in the advertisement / brochure / agreement / website (as the case may be) regarding the Project where the Said Independent Floor for residential usage along with parking is located and has accepted the floor / site plan, Payment Plan and the specifications, amenities, facilities, etc. [annexed along with this Agreement] which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the bye-laws such as Haryana Building Code, 2017, FAR, density norms, provisions prescribed, approved plans, terms and condition of the license/ allotment as well as registration of RERA, etc. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the provisions and norms prescribed by the relevant State laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act and Rules made thereunder or as per approvals/instructions/ guidelines of the competent authorities, and any breach of this term by the Promoter shall constitute a material breach of the Agreement.
Construction Development of the Project. The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Project and accepted demarcation plan, payment plan, and the specifications, amenities and facilities [annexed along with this Agreement] which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent Authorities and shall also strictly abide by the bye-laws, FAR and density norms and provisions prescribed by the Town and Country Planning Bhopal and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.
Construction Development of the Project.
4.1 SPD’sObligations
a) The SPD undertakes to be responsible, at SPD’s own cost and risk, for:
b) The SPD shall be solely responsible and make arrangements for development of the Project and for Connectivity up to the delivery point at the Sub Stationof TSS of Railways or STU (MSETCL), as the case may be for confirming the evacuation of power by the Scheduled Commissioning date and all clearances relatedthereto;
c) Obtaining all Consents, Clearances and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. The Solar Power Developer shall, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the project.
d) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent UtilityPractices.
e) the commencement of supply of power up to the Contracted Capacity to NODAL RAILWAY no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement.
f) Connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities atInterconnection/ Metering / Delivery Point.
g) Owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article15.
h) Maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of one(1) year after Commercial Operation Date of the Project in line with the provisions of the RfS; However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of NODAL RAILWAY after COD subject to the condition that the management control remains within the same Group Companies;and
i) Fulfilling all obligations undertaken by the SPD under thisAgreement.
j) Obtaining Long Term Access (LTA), where applicable, for evacuation of the Contracted Capacity and maintaining it throughout the term of theAgreement.
k) The SPD shall be responsible to for directly coordinating and dealing with NODAL RAILWAY and other authorities in all respects in regard to declaration ...
Construction Development of the Project. (a) Pursue the Construction of the Improvements with diligence and continuity in order that said Construction be completed in accordance with the Plans and Specifications of the Project and (b) keep the Premises free and clear at all times of claims or attachments for material supplied and for labor or services performed in connection with the Construction of the Project, except Permitted Liens or Encumbrances.
Construction Development of the Project. The Allottee has seen the specifications of the Plot and accepted the Payment Plan, Plan, layout plan [annexed along with this Agreement] which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent Authorities and shall also strictly abide by the bye-laws, norms and provisions prescribed by the Master Plan for the area, Zoning Regulations and Andhra Pradesh Building Rules as amended from time to time and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.
Construction Development of the Project. (i) The SPD shall, entirely at its costs and expense, obtain and duly maintain in full force and effect during the Term of this Agreement, all statutory approvals, licences, consents, clearances and permits and other permissions/sanctions from Government authorities necessary and required for the Project, for supply of power or otherwise to enable the SPD to perform its obligations under the Agreement, including but not limited to the Approvals as listed in Schedule 1. PSPCL shall have no obligation to recommend to any department/agency or the Government for the grant/permission for the Solar Power project. Any steps that may be taken by PSPCL in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary endeavour with no intention of being bound by any legal or binding obligation.
(ii) The SPD shall duly perform and complete all of the following activities including Financial Closure at the SPD‟s cost and risk within 12 months from the Effective Date, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by PSPCL.
a) The SPD shall make Project Financing Arrangements for its Projects(s) and shall provide necessary documents to PSPCL in this regard.
b) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Tariff Based Competitive Bidding Process for Procurement of Power from Grid Connected Solar Power Projects, issued by Ministry of Power, vide resolution no. 23/27/2017-R&R dated 03.08.2017 along with amendments thereto or in accordance with MNRE‟s Approved Models and Manufacturers of Solar PV Modules (Requirements for Compulsory Registration) Order, 2019 as amended from time to time, whichever is applicable. The SPD shall provide evidence that the requisite technical criteria has been fulfilled and would provide un-priced copies of orders placed / agreements entered into, for supply of plants and equipment for the project.
c) The SPD shall furnish the location of the projects at the time of financial closure. The change of location of the project shall not be permitted after Financial Closure.
d) The SPD shall also be required to furnish letter from ISTS Licensee/CTU/PSTCL confirming technical feasibility of connectivity of the plant to ISTS Licensee/CTU/PSTCL substation at the indicated location. In ca...
Construction Development of the Project. 4.1 SPP‟s Obligations
4.1.1 The SPP undertakes to be responsible, at SPP‟s own cost and risk, for:
a) Obtaining all Consents, Clearances and Permits other than those obtained under Article 3.1 and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement; and
b) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the State Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices.
c) The commencement of supply of power up to the Contracted Capacity to Procurer(s) later than the Scheduled Commissioning Date; and continuance of supply of Power throughout the term of agreement; and.
Construction Development of the Project. 6.1 The Allottee(s) has seen, understood and accepted the Approved Plans, Payment Plan, specifications, amenities and facilities of the Unit as annexed along with this Agreement which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the Approved Plans specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by the Approved Plans and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in the Approved Plans, other than in the manner provided under the Act and the procedure agreed under clause 1.12
Construction Development of the Project. 9.1 The Allottee(s) has seen, understood and accepted the Approved Plans, Payment Plan, specifications, amenities and facilities of the Unit as annexed along with this Agreement which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the Approved Plans specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by the Approved Plans and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation! alteration! modification in the Approved Plans, other than in the manner provided under the Act and the procedure agreed under clause 1.12 hereinabove.
9.2 That the Promoter proposes to develop a club house in the Project consisting of various recreational facilities, in accordance with the permission / sanctions of Governmental Authority.
Construction Development of the Project. SPD’s Obligations The SPD undertakes to be responsible, at SPD’s own cost and risk, for:
a) Obtaining all Consents, Clearances and Permits other than those obtained under Article 3.1 and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement; and
b) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the State Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices.
c) The commencement of supply of power up to the Contracted Capacity to Procurer(s) on or before the Scheduled Commissioning Date; and continuance of supply of Power throughout the term of agreement; and
d) Connecting the Power Project switchyard with the STU/ MePTCL Transmission Lines at the outgoing Terminal Bay of the Power Project switchyard (Delivery Point); and
e) Owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 16;
f) Maintaining its controlling shareholding prevalent at the time of signing of PPA up to a period of Three (3) year after Commercial operational Date; and
g) Fulfilling all obligations undertaken by the SPD under this Agreement.
