Common use of Construction of Project Clause in Contracts

Construction of Project. 11.4.1 On or after the Appointed Date, the Concessionaire shall undertake the Construction Works in conformity with the Specifications and Standards set forth in Schedule-D and Good Industry Practice and shall complete the same within [●] days from the Appointed Date (“Schedule Completion Date”) and the Concessionaire agrees and undertakes that the Construction Works shall be completed on or before the Scheduled Completion Date. The Concessionaire shall construct, install and establish the Project Facilities, including the basic and detailed design, completion, testing and commissioning in accordance with the provisions of this Agreement, including the Project Completion Schedule, the Specifications and Standards, Applicable Laws including the applicable architectural controls, building byelaws and zoning requirements, terms of Clearances and Good Industry Practice and after obtaining sanction to the building plans etc. with the design plans and specifications from the proper municipal or other Authority, at its own expenses. 11.4.2 The Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority; it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon, [within [●] days from the Schedule Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause

Construction of Project. 11.4.1 10.2.1. On or receipt of the Letter of Commencement from the Authority and on and after the Appointed Commencement Date, the Concessionaire shall undertake commence Construction Work for the Silo Complex as per the Construction Works Plan and in conformity with the Standards and Specifications and Standards set forth in Schedule-D the Applicable Permits procured. 10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Good Industry Practice Drawings along with a construction plan specifying its construction methodology, procurement, engineering and shall complete the same within [●] days from the Appointed Date construction plan, construction time schedule and quality assurance procedures (together “Schedule Completion DateConstruction Plan”) complying with the Standards and the Concessionaire agrees Specifications, capacities as per Schedule B and undertakes that all Applicable Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall be completed complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on or before the Scheduled Completion Dateissues raised, including making suitable modification in its Construction Plan as required. 10.2.3. The Concessionaire shall constructcomplete the Construction Works including the rail siding within the period between the Commencement Date and the Scheduled Commercial Operation Date. 10.2.4. The Concessionaire shall ensure that, install by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following: (i) at least 33 % (thirty percent) by value of Total Project Cost has been expended; (ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and establish foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed; (iii) 90% of boundary wall has been completed; and (iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the Project Facilitiesend of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire’s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire. 10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications. 10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the basic and detailed Construction Work of the Silo Complex. 10.2.7. The design, completion, testing installation and commissioning construction of the Silo Complex shall be in accordance compliance with the provisions of this Agreement, including the Project Completion Schedule, the Specifications and Standards, Applicable Laws including the applicable architectural controls, building byelaws and zoning requirements, terms of Clearances regulations and Good Industry Practice Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and after obtaining sanction to the building plans etcsafety. with the design plans The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and specifications approvals, as required, from the proper municipal or other Authority, at its own expensesrespective Government Instrumentalities on these aspects. 11.4.2 10.2.8. The Concessionaire shall construct the Project rail siding as per and in accordance conformation with the Project Completion Schedule set forth in Schedule-G. In specifications of Indian Railways or any other relevant authority. The Concessionaire shall be solely responsible for compliance of such requirements. On completion of the event that construction of rail siding, the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days shall procure approval from the date set forth Indian Railways authority for such commencement of operation on the rail siding. 10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project Milestone in Schedule-Gsite. 10.2.10. The Authority and IE&A shall have the right, unless such failure has occurred due but not the obligation, to Force Majeure or for reasons solely attributable review the submissions related to the Authority; it shall pay Damages Construction Plan and other aspects related to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) Construction Work of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that Silo Complex and provide comments, if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly any. The Authority and the provisions IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded submission by the Authority Concessionaire so as not to adversely impact the Concessionaire, but without project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any interest thereon, [within [●] days from the Schedule Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this Clausemanner whatsoever.

Construction of Project. 11.4.1 10.2.1. On or receipt of the Letter of Commencement from the Authority and on and after the Appointed Commencement Date, the Concessionaire shall undertake commence Construction Work for the Silo Complex as per the Construction Works Plan and in conformity with the Standards and Specifications and Standards set forth in Schedule-D the Applicable Permits procured. 10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Good Industry Practice Drawings along with a construction plan specifying its construction methodology, procurement, engineering and shall complete the same within [●] days from the Appointed Date construction plan, construction time schedule and quality assurance procedures (together “Schedule Completion DateConstruction Plan”) complying with the Standards and the Concessionaire agrees Specifications, capacities as per Schedule B and undertakes that all Applicable Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall be completed complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on or before the Scheduled Completion Dateissues raised, including making suitable modification in its Construction Plan as required. 10.2.3. The Concessionaire shall constructcomplete the Construction Works including the rail siding within the period between the Commencement Date and the Scheduled Commercial Operation Date. 10.2.4. The Concessionaire shall ensure that, install by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following: (i) at least 33 % (thirty percent) by value of Total Project Cost has been expended; (ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and establish foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed; (iii) 90% of boundary wall has been completed; and (iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the Project Facilitiesend of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire. 10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications. 10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the basic and detailed Construction Work of the Silo Complex. 10.2.7. The design, completion, testing installation and commissioning construction of the Silo Complex shall be in accordance compliance with the provisions of this Agreement, including the Project Completion Schedule, the Specifications and Standards, Applicable Laws including the applicable architectural controls, building byelaws and zoning requirements, terms of Clearances regulations and Good Industry Practice Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and after obtaining sanction to the building plans etcsafety. with the design plans The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and specifications approvals, as required, from the proper municipal or other Authority, at its own expensesrespective Government Instrumentalities on these aspects. 11.4.2 10.2.8. The Concessionaire shall construct the Project Broad Gauge rail siding as per and in accordance conformation with the Project Completion Schedule set forth in Schedule-G. In specifications of Indian Railways or any other relevant authority. The Concessionaire shall be solely responsible for compliance of such requirements. On completion of the event that construction of rail siding, the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days shall procure approval from the date set forth Indian Railways authority for such commencement of operation on the rail siding. 10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project Milestone in Schedule-Gsite. 10.2.10. The Authority and IE&A shall have the right, unless such failure has occurred due but not the obligation, to Force Majeure or for reasons solely attributable review the submissions related to the Authority; it shall pay Damages Construction Plan and other aspects related to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) Construction Work of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that Silo Complex and provide comments, if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly any. The Authority and the provisions IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded submission by the Authority Concessionaire so as not to adversely impact the Concessionaire, but without project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any interest thereon, [within [●] days from the Schedule Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this Clausemanner whatsoever.

Construction of Project. 11.4.1 10.2.1. On or receipt of the Letter of Commencement from the Authority and on and after the Appointed Commencement Date, the Concessionaire shall undertake commence Construction Work for the Silo Complex as per the Construction Works Plan and in conformity with the Standards and Specifications and Standards set forth in Schedule-D the Applicable Permits procured. 10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Good Industry Practice Drawings along with a construction plan specifying its construction methodology, procurement, engineering and shall complete the same within [●] days from the Appointed Date construction plan, construction time schedule and quality assurance procedures (together “Schedule Completion DateConstruction Plan”) complying with the Standards and the Concessionaire agrees Specifications, capacities as per Schedule B and undertakes that all Applicable [Version Date : 21.11.2013] Page 57 Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall be completed complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on or before the Scheduled Completion Dateissues raised, including making suitable modification in its Construction Plan as required. 10.2.3. The Concessionaire shall constructcomplete the Construction Works including the rail siding within the period between the Commencement Date and the Scheduled Commercial Operation Date. 10.2.4. The Concessionaire shall ensure that, install by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following: (i) at least 33 % (thirty percent) by value of Total Project Cost has been expended; (ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and establish foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed; (iii) 90% of boundary wall has been completed; and (iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the Project Facilitiesend of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire’s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire. 10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications. 10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the basic and detailed Construction Work of the Silo Complex. 10.2.7. The design, completion, testing installation and commissioning construction of the Silo Complex shall be in accordance compliance with the provisions of this Agreement, including the Project Completion Schedule, the Specifications and Standards, Applicable Laws including the applicable architectural controls, building byelaws and zoning requirements, terms of Clearances regulations and Good Industry Practice Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and after obtaining sanction to the building plans etcsafety. with the design plans The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and specifications approvals, as required, from the proper municipal or other Authority, at its own expensesrespective Government Instrumentalities on these aspects. 11.4.2 10.2.8. The Concessionaire shall construct the Project rail siding as per and in accordance conformation with the Project Completion Schedule set forth in Schedule-G. In specifications of Indian Railways or any other relevant authority. The Concessionaire shall be solely responsible for compliance of such requirements. On completion of the event that construction of rail siding, the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days shall procure approval from the date set forth Indian Railways authority for such commencement of operation on the rail siding. 10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project Milestone in Schedule-Gsite. 10.2.10. The Authority and IE&A shall have the right, unless such failure has occurred due but not the obligation, to Force Majeure or for reasons solely attributable review the submissions related to the Authority; it shall pay Damages Construction Plan and other aspects related to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) Construction Work of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that Silo Complex and provide comments, if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly any. The Authority and the provisions IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded submission by the Authority Concessionaire so as not to adversely impact the Concessionaire, but without project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any interest thereon, [within [●] days from the Schedule Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this Clausemanner whatsoever.

Construction of Project. 11.4.1 On or after the Appointed Date, the Concessionaire shall undertake the Construction Works in conformity with the Specifications and Standards set forth in Schedule-D and Good Industry Practice and shall complete the same within [●•] days from the Appointed Date (“Schedule Completion Date”) and the Concessionaire agrees and undertakes that the Construction Works shall be completed on or before the Scheduled Completion Date. The Concessionaire shall construct, upgrade, install and establish the Project Facilities, including the basic and detailed [design, ,] completion, testing and commissioning in accordance with the provisions of this Agreement, including the Project Completion Schedule, the Specifications and Standards, Applicable Laws [including the applicable architectural controls, building byelaws and zoning requirements, ,] terms of Clearances and Good Industry Practice [and after obtaining sanction to the building plans etc. with the [design plans plans] and specifications from the proper municipal or other Authority], at its own expenses. 11.4.2 The Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority; it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon, [within [●•] days from the Schedule Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause

Construction of Project. 11.4.1 On or after the Appointed Date, the Concessionaire shall undertake the Construction Works in conformity with the Specifications and Standards set forth in Schedule-D and Good Industry Practice and shall complete the same within [●] days from the Appointed Date (“Schedule Completion Date”) and the Concessionaire agrees and undertakes that the Construction Works shall be completed on or before the Scheduled Completion Date. The Concessionaire shall construct, install and establish the Project Facilities, including the basic and detailed design, completion, testing and commissioning in accordance with the provisions of this Agreement, including the Project Completion Schedule, the Specifications and Standards, Applicable Laws including the applicable architectural controls, building byelaws and zoning requirements, terms of Clearances and Good Industry Practice and after obtaining sanction to the building plans etc. with the design plans and specifications from the proper municipal or other Authority, at its own expenses. 11.4.2 The Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority; it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon, [within [●] days from the Schedule Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause

Construction of Project. 11.4.1 10.2.1. On or receipt of the Letter of Commencement from the Authority and on and after the Appointed Commencement Date, the Concessionaire shall undertake commence Construction Work for the Silo Complex as per the Construction Works Plan and in conformity with the Standards and Specifications and Standards set forth in Schedule-D the Applicable Permits procured. 10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Good Industry Practice Drawings along with a construction plan specifying its construction methodology, procurement, engineering and shall complete the same within [●] days from the Appointed Date construction plan, construction time schedule and quality assurance procedures (together “Schedule Completion DateConstruction Plan”) complying with the Standards and the Concessionaire agrees Specifications, capacities as per Schedule B and undertakes that all Applicable Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall be completed complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on or before the Scheduled Completion Dateissues raised, including making suitable modification in its Construction Plan as required. 10.2.3. The Concessionaire shall construct, install complete the Construction Works including road connectivity within the period between the Commencement Date and establish the Project Facilities, including the basic and detailed design, completion, testing and commissioning in accordance with the provisions of this Agreement, including the Project Completion Schedule, the Specifications and Standards, Applicable Laws including the applicable architectural controls, building byelaws and zoning requirements, terms of Clearances and Good Industry Practice and after obtaining sanction to the building plans etc. with the design plans and specifications from the proper municipal or other Authority, at its own expensesScheduled Commercial Operation Date. 11.4.2 10.2.4. The Concessionaire shall construct ensure that, by the end of the 9th (ninth) month from the Commencement Date, the mid-term construction milestone (“Mid-Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following: (i) at least 33 % (thirty percent) by value of Total Project Cost has been expended; (ii) Masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed; (iii) 90% of boundary wall has been completed; and (iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the B. The Concessionaire fails to achieve any Project Milestone shall, within a period of 90 15 (ninetyfifteen) days from the date set forth for such Project end of 9th (ninth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire’s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority; it shall pay Damages and submit a report to the Authority and Concessionaire. 10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in a sum calculated complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications. 10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the Construction Work of the Silo Complex. 10.2.7. The design, installation and construction of the Silo Complex shall be in compliance with the applicable regulations and Good Industry Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and safety. The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and approvals, as required, from respective Government Instrumentalities on these aspects. 10.2.8. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the rate of 0.1% (zero point one per cent) Project site. 10.2.9. The Authority and IE&A shall have the right, but not the obligation, to review the submissions related to the Construction Plan and other aspects related to the Construction Work of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that Silo Complex and provide comments, if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly any. The Authority and the provisions IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded submission by the Authority Concessionaire so as not to adversely impact the Concessionaire, but without project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any interest thereon, [within [●] days from the Schedule Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this Clausemanner whatsoever.

Construction of Project. 11.4.1 On or after the Appointed Date, the Concessionaire shall undertake the Construction Works in conformity with the Specifications and Standards set forth in Schedule-D and Good Industry Practice and shall complete the same within [●] days two years from the Appointed Date (“Schedule Medical College Scheduled Completion Date”) and the Concessionaire agrees and undertakes that the Construction Works shall be completed on or before the Medical College Scheduled Completion Date. The Concessionaire shall construct, install and establish the Project Facilities, including the basic and detailed design, completion, testing and commissioning in accordance with the provisions of this Agreement, including the Project Completion Schedule, the Specifications and Standards, Applicable Laws including the applicable architectural controls, building byelaws and zoning requirements, terms of Clearances and Good Industry Practice and MCI Regulations and after obtaining sanction to the building plans etc. with the design plans and specifications from the proper municipal or other Authorityauthority, at its own expenses. 11.4.2 The Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority; it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Medical College Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule- Schedule-G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Medical College Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon, [within [●90] days from the Schedule Medical College Scheduled Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this ClauseClause 11.4.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 11.4.3 In the event that Construction Works is not completed within [270 (two hundred and seventy)] days from the Medical College Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement.

Construction of Project. 11.4.1 10.2.1. On or receipt of the Letter of Commencement from the Authority and on and after the Appointed Commencement Date, the Concessionaire shall undertake commence Construction Work for the Silo Complex as per the Construction Works Plan and in conformity with the Standards and Specifications and Standards set forth in Schedule-D the Applicable Permits procured. 10.2.2. Within [30 (thirty) days] of receipt of Letter of Commencement, the Concessionaire shall submit the Designs and Good Industry Practice Drawings along with a construction plan specifying its construction methodology, procurement, engineering and shall complete the same within [●] days from the Appointed Date construction plan, construction time schedule and quality assurance procedures (together “Schedule Completion DateConstruction Plan”) complying with the Standards and the Concessionaire agrees Specifications, capacities as per Schedule B and undertakes that all Applicable Permits procured by it for carrying out the Construction Works related to the Silo Complex to the IE&A and the Authority. The IE&A and Authority shall be completed complete their initial reviews of Construction Plan within [15 (fifteen) days] of the submission of the same by the Concessionaire. In the event the IE&A and/or the Authority seeks clarifications and/or suggests modification, if any, to the Construction Plan, the Concessionaire shall satisfy the IE&A and/or Authority on or before the Scheduled Completion Dateissues raised, including making suitable modification in its Construction Plan as required. 10.2.3. The Concessionaire shall constructcomplete the Construction Works including the rail siding within the period between the Commencement Date and the Scheduled Commercial Operation Date. 10.2.4. The Concessionaire shall ensure that, install by the end of the 12th (twelfth) month from the Commencement Date, that mid-term construction milestone (“Mid- Term Construction Milestone”) is achieved. The Mid-term Construction Milestone shall imply the achievement of all of the following: (i) at least 33 % (thirty percent) by value of Total Project Cost has been expended; (ii) masonry work relating to (a) base of {Long Term Storage Silos, pre- shipping silo / receiving silo} upto aeration floor level, (b) pit and establish foundation of process tower, (c) foundation of {pre-storage silo}, (d) dump pit construction are completed; (iii) 90% of boundary wall has been completed; and (iv) major components for Long Term Storage Silos, {pre-storage silo, pre- shipping silo, receiving silo} are procured and available at Site. The components mentioned herein shall be as specified in Schedule B. The Concessionaire shall, within 15 (fifteen) days from the Project Facilitiesend of 12th (twelfth) month from Commencement Date, submit a report to IE&A and Authority confirming the actual status of compliance on the Mid-Term Construction Milestone. The IE&A shall, within 15(fifteen) days of receipt of Concessionaire‟s report in this regard, carry out a physical review of the status of compliance on Mid-term Construction Milestone and submit a report to the Authority and Concessionaire. 10.2.5. The design, procurement and construction of the Silo Complex undertaken by the Concessionaire shall be in complete compliance with the Standards and Specifications and Schedule B. The Concessionaire shall be solely liable for compliance of all requirements related to the Silo Complex as per the Standards and Specifications. 10.2.6. The Concessionaire shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in timely manner for carrying out the basic and detailed Construction Work of the Silo Complex. 10.2.7. The design, completion, testing installation and commissioning construction of the Silo Complex shall be in accordance compliance with the provisions of this Agreement, including the Project Completion Schedule, the Specifications and Standards, Applicable Laws including the applicable architectural controls, building byelaws and zoning requirements, terms of Clearances regulations and Good Industry Practice Practice, including but not limited to regulations applicable to seismic zones, wind velocity, environment, fire and after obtaining sanction to the building plans etcsafety. with the design plans The Concessionaire shall be solely liable for compliance of such requirements. The Concessionaire shall seek permission and specifications approvals, as required, from the proper municipal or other Authority, at its own expensesrespective Government Instrumentalities on these aspects. 11.4.2 10.2.8. The Concessionaire shall construct the Project rail siding as per and in accordance conformation with the Project Completion Schedule set forth in Schedule-G. In specifications of Indian Railways or any other relevant authority. The Concessionaire shall be solely responsible for compliance of such requirements. On completion of the event that construction of rail siding, the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days shall procure approval from the date set forth Indian Railways authority for such commencement of operation on the rail siding. 10.2.9. The Concessionaire shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The Concessionaire shall be solely responsible for maintaining safety at the Project Milestone in Schedule-Gsite. 10.2.10. The Authority and IE&A shall have the right, unless such failure has occurred due but not the obligation, to Force Majeure or for reasons solely attributable review the submissions related to the Authority; it shall pay Damages Construction Plan and other aspects related to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) Construction Work of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that Silo Complex and provide comments, if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly any. The Authority and the provisions IE&A shall provide their detailed observation and comments, if any, within 15 (fifteen) working days of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded submission by the Authority Concessionaire so as not to adversely impact the Concessionaire, but without project implementation schedule. Such submissions shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any interest thereon, [within [●] days from the Schedule Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this Clausemanner whatsoever.

Construction of Project. 11.4.1 10.3.1. On or receipt of the Letter of Commencement from KIIDC and on and after the Appointed Commencement Date, the Concessionaire DCO shall undertake commence Construction Work for the PDW Plant as per the Construction Works Plan and in conformity with the Standards and Specifications and the Applicable Permits procured. 10.3.2. The DCO shall submit the Designs and Drawings along with the a construction plan specifying its construction methodology, procurement, engineering and construction plan, construction time schedule and quality assurance procedures (together “Construction Plan”) for the PDW Plant to the KIIDC complying with the laid down standards and all Applicable Permits procured by it. In the event the Engineer and/or KIIDC seeks clarifications and/or suggests modification, if any, to the Construction Plan, the DCO shall satisfy the Engineer and/or KIIDC on the issues raised, including making suitable modification in its Construction Plan as required. 10.3.3. The DCO shall complete the Construction Works within the period between the Commencement Date and the Scheduled Commercial Operation Date. 10.3.4. The design, procurement and construction of the PDW Plant undertaken by the DCO shall be in complete compliance with the laid down standards. The DCO shall be solely liable for compliance of all requirements related to the PDW Plant as per the Standards set forth and Specifications. 10.3.5. The DCO shall undertake all necessary measures for the project implementation, including appointment of personnel, contractors, procurement of equipment and material and procurement of permits and arrangement of finances in Schedule-D timely manner for carrying out the construction Work of the PDW Plant. 10.3.6. The design, installation and construction of the PDW Plant shall be in compliance with the applicable regulations and Good Industry Practice Practice, including but not limited to regulations applicable to seismic zones, environment, fire and safety. The DCO shall complete be solely liable for compliance of such requirements. The DCO shall seek permission and approvals, as required, from respective Government Instrumentalities in these aspects. 10.3.7. The DCO shall take all safety measures required under Applicable Laws and as expected as per Good Industry Practice. The DCO shall be solely responsible for maintaining safety at the same within [●] days from Project site. 10.3.8. KIIDC and/or Engineer shall have the Appointed Date (“Schedule Completion Date”) right, but not the obligation, to review the submissions related to Construction Plan and other aspects related to the Construction Work of the PDW Plant and provide comments, if any. KIIDC and the Concessionaire agrees Engineer shall endeavour to provide its observation and undertakes that comments, if any, within a reasonable time so as not to adversely impact the Construction Works shall be completed on or before the Scheduled Completion Dateproject implementation schedule. The Concessionaire DCO, on its parts, should at least ensure that KIIDC and Engineer is provided a reasonable time, being not less than 14 working days, for review and response on its submissions. Such submissions shall construct, install not relieve or absolve the DCO of its obligations and establish the Project Facilities, including the basic and detailed design, completion, testing and commissioning liabilities hereunder in accordance with the provisions of this Agreement, including the Project Completion Schedule, the Specifications and Standards, Applicable Laws including the applicable architectural controls, building byelaws and zoning requirements, terms of Clearances and Good Industry Practice and after obtaining sanction to the building plans etc. with the design plans and specifications from the proper municipal or other Authority, at its own expensesany manner whatsoever. 11.4.2 The Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority; it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 11.4.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon, [within [●] days from the Schedule Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause

Construction of Project. 11.4.1 On 15.2.1. The Initial Improvements are subject to, and shall be constructed in conformance with the design guidelines attached to the Lease as Exhibit F and in substantial compliance with, the plans and specifications that are the basis for the issuance of Permits for the Project, and any future exterior Improvements that require Lessor’s consent hereunder are subject to, and shall be constructed in substantial compliance with, the plans, specifications and elevations approved in writing by Lessor as set forth in Section 15.5 and shall be completed with all reasonable dispatch. Lessee warrants that any construction, remodeling, replacement, alteration, addition, erection or installation in, on or to the Premises, whether done with or without Lessor’s consent, shall be done in a good and workmanlike manner with new materials; will be performed in compliance with local, state and federal building, fire and other codes and construction guidelines, including, but not limited to, the American’s with Disabilities Act, and all other applicable covenants, terms and conditions hereof. Lessee shall provide to Lessor copies of certificates and permits issued by local, state and federal building, fire and other code and construction agencies. 15.2.2. Lessee shall commence construction of the Improvements no later than ninety (90) days after the Appointed Effective Date. As used in this Lease, “commence construction” or “commencement of construction” and related phrases mean the Concessionaire date upon which the general contractor for the Project has commenced mobilization at the Premises. Subject to delay by Force Majeure, Xxxxxx’s failure to timely commence construction of the Improvements shall undertake constitute a Default. Lessee shall use commercially reasonable efforts to prosecute to completion the Construction Works construction of Improvements by the Project Deadline, with “completion of construction” and related phrases meaning the date the Cit of Vancouver issues a Certificate of Occupancy for the relevant Improvements. Subject to Force Majeure, Lessee failure to timely complete the Improvements shall constitute a Default.‌ 15.2.3. From commencement of construction of the Improvements until such time as Lessee has achieved completion of construction of the Improvements, Lessee shall provide Lessor with monthly progress reports regarding the status of the construction. 15.2.4. Lessee shall permit Lessor, through its officers, agents, or employees, to enter onto the Premises at reasonable times during business hours after reasonable advance written notice and acceptance by Xxxxxx (a) to inspect the construction work to determine that the same is in conformity with the Specifications requirements of this Lease and Standards set forth in Schedule-D the DDA, and Good Industry Practice (b) following completion of construction, to inspect the ongoing operation and shall complete management of the Improvements to determine that the same within [●] days is in conformance with the requirements of this Lease. Notwithstanding the foregoing, Lessor shall not interfere with Xxxxxx’s use of the Premises or operations of the Improvements or interfere with any Subtenant’s occupancy of the Premises or Improvements. The scheduling of all Lessor inspections shall take into account the timing and availability of a representative of Lessee to attend such inspections and access to Subtenants’ premises pursuant to subtenants’ rights under their applicable subleases or otherwise. Lessor’s inspections shall not involve any activities that penetrate into the Improvements or any portion thereof. Lessor shall immediately repair any damage to the Premises or Improvements caused by Lessor’s entry onto and inspections of the Premises or Improvements. Lessor hereby agrees to indemnify, defend, and hold Lessee, its managers, members, partners, officers, directors, employees, and agents free and harmless from and against any and all costs, losses, liabilities, damages and expenses, of any kind or nature whatsoever (including reasonable attorneys’ fees and costs actually incurred), arising out of damage to persons or property caused by, arising out of, or resulting from the Appointed Date (“Schedule Completion Date”) and entry and/or the Concessionaire agrees and undertakes that conduct of inspections at the Construction Works shall be completed on Premises or before the Scheduled Completion DateImprovements by Lessor, its officers, contractors, agents or employees. The Concessionaire foregoing obligations and indemnification shall construct, install and establish survive the Project Facilities, including the basic and detailed design, completion, testing and commissioning in accordance with the provisions expiration or earlier termination of this Agreement. 15.2.5. Lessee acknowledges that Lessor is under no obligation to supervise, including inspect, or inform Xxxxxx of the Project Completion Scheduleprogress of construction or operations, and Lessee shall not rely upon Lessor therefor. Any inspection by Lessor during the Specifications construction is entirely for its purposes in determining whether Lessee is in compliance with this Lease and Standards, Applicable Laws including the applicable architectural controls, building byelaws DDA and zoning requirements, terms is not for the purpose of Clearances and Good Industry Practice and after obtaining sanction to determining or informing Lessee of the building plans etcquality or suitability of construction. with the design plans and specifications from the proper municipal or other Authority, at Lessee shall rely entirely upon its own expenses. 11.4.2 The Concessionaire shall construct supervision and inspection (or that provided by third parties) in determining the Project in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Project Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority; it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) quality and suitability of the amount of Construction Performance Security for delay of each day until such Project Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreementmaterials and work, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions performance of this Agreement shall apply as if Schedule- G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Completion Datearchitects, the Damages paid under this Clause 11.4.2 shall be refunded by the Authority to the Concessionairesubcontractors, but without any interest thereon, [within [●] days from the Schedule Completion Date]. For the avoidance of doubt, it is agreed that recovery of Damages under this Clauseand material suppliers.