Common use of Construction of the Project Clause in Contracts

Construction of the Project. 10.3.1 The Contractor shall construct the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The day mentioned in the Schedule I from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-I, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 10.2.1 On or after the Appointed Date, the Implementation Agency shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications Detailed Project Report and Standards set forth in Schedule-D. Applicable Standards. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The *****£ day mentioned in the Schedule I from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Implementation Agency agrees and undertakes that construction of the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 10.2.2 The Contractor Implementation Agency shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. the Detailed Project Report and Schedule F. In the event that the Contractor Implementation Agency fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 90 (thirtyninety) days from the date set forth in Schedule-Ifor such Project Milestone, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I the Schedule F shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I the Project Milestones has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 10.2.2 shall be refunded by the Authority to the ContractorImplementation Agency, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 10.2.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 10.2.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 120 (one hundred and twenty) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such noticeentitled to Terminate this Agreement. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed £ Scheduled Completion Date as set forth in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.Detailed Project Report

Construction of the Project. 10.3.1 (i) The Contractor shall construct the Project as specified in Schedule-Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The day mentioned in the Schedule I [540th (five hundred and forty) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 (ii) The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IJ, 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 of a sum calculated at the rate of 0.05% (zero point zero five per centpercent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I –J and until such Project Milestone is achieved or the Works are Project is completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I J has been amended as above; provided further that in the event the Works are Project is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3.2 10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay in providing the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180th (one hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project length corresponding to the Project Milestone-I is not handed over or lately handed over resulting in the extension of completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved by 180th (one hundred and eighty) day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 10.3 (ii) shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further Partiesfurther agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.210.5 (ii). 10.3.3 (iii) The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe with the provisions of this Clause 10.3. Provided, however, Provided that no deduction on account of Damages shall be effected by the Authority without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 10.3 (ii) shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works. If the damages exceed 10% (ten percent) of the Contract Price, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible deemed to prepare be in default of this agreement having no cure and submit applications the Authority shall be entitled to Authority Engineer for obtaining sanction terminate this Agreement by issuing a Termination Notice in accordance with the provisions of CRS at least 60 Clause 23.1 (sixtyii). (iv) In the event that the Contractor fails to achieve the Project Completion within a period of 90 (ninety) days from the Schedule Completion Date set forth in advance Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, the contractor shall be deemed to be ineligible for bidding any future projects of commencing a work that requires prior sanction the Authority, both as the sole party or as one of CRSthe parties of Joint Venture/ Consortium during the period from Scheduled Completion Date to issuance of Completion Certificate. This restriction is applicable if the contract value of the delayed project is not less than Rs. 300 Crore.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, 730th (seven hundred and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The thirtieth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled date for completion date (of the “Project ( the “ Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. The Concessionaire shall undertake the Construction Works in compliance with the Environmental Management Plan. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty90(ninety) days from the date set forth for such Project Milestone in Schedule-IG , unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five per centone percent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I Schedule- G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, 910th (nine hundred and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The tenth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 90 (thirtyninety) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, 730th (seven hundred and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The thirtieth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 90 (thirtyninety) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, [730th (Seven Hundred and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The day mentioned in the Schedule I Thirty) day] from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 90 (thirtyninety) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, [550th (five hundred and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The day mentioned in the Schedule I fiftieth) day] from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 60 (thirtysixty) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 180 (one hundred and eighty) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 (i) The Contractor shall construct the Project as specified in Schedule-Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The day mentioned in the Schedule I [650th (six hundred and fiftieth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 (ii) The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IJ, 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 of a sum calculated at the rate of 0.05% (zero point zero five per centpercent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I –J and until such Project Milestone is achieved or the Works are Project is completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I J has been amended as above; provided further that in the event the Works are Project is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3.2 10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay in providing the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180 (one hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project length corresponding to the Project Milestone-I is not handed over or lately handed over resulting in the extension of completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved by 180th (one hundred and eighty) day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 10.3(ii) shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.210.5 (ii). 10.3.3 (iii) The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe with the provisions of this Clause 10.3. Provided, however, Provided that no deduction on account of Damages shall be effected by the Authority without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 10.3 (ii) shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works. If the damages exceed 10% (ten percent) of the Contract Price, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible deemed to prepare be in default of this agreement having no cure and submit applications the Authority shall be entitled to Authority Engineer for obtaining sanction terminate this Agreement by issuing a Termination Notice in accordance with the provisions of CRS at least 60 Clause 23.1 (sixtyii). (iv) In the event that the Contractor fails to achieve the Project Completion within a period of 90 (ninety) days from the Schedule Completion Date set forth in advance Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, the contractor shall be deemed to be ineligible for bidding any future projects of commencing a work that requires prior sanction the Authority, both as the sole party or as one of CRSthe parties of Joint Venture/ Consortium during the period from Scheduled Completion Date to issuance of Completion Certificate. This restriction is applicable if the contract value of the delayed project is not less than Rs. 300 Crore.

Construction of the Project. 10.3.1 The Contractor shall construct the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The day mentioned in the Schedule I [650th (six hundred and fiftieth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-I, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe of the provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor shall construct the Project PROJECT as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The 850th ( eight hundred and fiftyth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Project in accordance with the . Project Completion Schedule set forth in Schedule-I. J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IJ, 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 Authority/GMDA of a sum calculated at the rate of 0.05% (zero point zero five per centpercent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I –J and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I J has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority Authority/GMDA to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause Clause 10.3.2 shall be without prejudice to the rights of the Authority Authority/GMDA under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works works as specified in Clause 10.4.210.5.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 (a) The Contractor shall construct the Project as specified in Schedule-B Company hereby covenants and Schedule-Cagrees to design, develop, acquire, implement, equip, install, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The day mentioned in the Schedule I from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Project in accordance with this Agreement, the Franchise Agreement, the Hilton-Embassy Suites Minimum Standards, and all applicable laws and regulations. The Company shall be responsible for any and all costs and risks incident to the development, acquisition, construction, equipment, installation, and operation of the Project. (b) The Company hereby covenants and agrees to achieve Construction Completion of the Project (except for the Other Project Amenities) in accordance with the Final Plan and the Franchise Agreement not later than the Project Completion Schedule set forth Date, as may be extended with the consent of the City as contemplated in ScheduleSection 5.1(d) hereof. The status of construction of the Other Project Amenities shall not be considered in this Agreement for purposes of determining whether Construction Completion has occurred. Construction Completion will not be deemed to have occurred, unless and until the Company shall have delivered to the City a completion certificate, containing the following (the “Completion Certificate”): (i) copies of one or more temporary or permanent certificates of occupancy for each component of the Project (except for the Other Project Amenities) for which a certificate of occupancy must be issued; and (ii) a statement from the Company that the Project has been substantially completed in accordance with the Final Plan. (c) If the Project Commencement Date, the Project Completion Date or any other time period for the fulfillment by the Company of any of its obligations hereunder is extended due to one or more Force Majeure Events, then for each day of any such Force Majeure Events, the Project Commencement Date, the Project Completion Date or such other time period for the fulfillment by the Company of its obligations hereunder, as applicable, shall be extended by one day; provided (i) the Company shall as soon as reasonably practical subsequent to the inception of any Force Majeure Event provide written notice to the City containing: (1) a description of the Force Majeure Event, (2) a description of how the Company currently anticipates such Force Majeure Event will affect the Company’s ability to timely perform its obligations under this Agreement, (3) the actions the Company currently plans to undertake in order to address the conditions caused by the Force Majeure Event, and (4) a non-I. binding estimate of how long the Company anticipates the Force Majeure Event will delay its ability to cause Construction Commencement, achieve Construction Completion or otherwise fulfill its obligations hereunder, as applicable; and (ii) in no event shall the Company have more than five (5) years from the Effective Date to achieve Construction Completion of the Project. If Construction Completion shall not occur on or before the fifth (5th) anniversary date of the Effective Date due to one or more Force Majeure Events, then on the fifth (5th) anniversary of the Effective Date the City may draw on the Letter of Credit, the Company shall release and return to the City the City Warrant and shall execute and deliver to the City such documents evidencing the Company’s release of its rights under the City Warrant and the termination thereof reasonably required by the City, this Agreement shall terminate and the Parties shall have no further obligations hereunder, and the Company shall thereafter own the City Property and the Right-of-Way Property – Eastern 30 Feet free and clear of any liens, claims or encumbrances in favor of the City. (d) The City recognizes that unforeseeable delays not constituting a Force Majeure Event may cause the Company to be unable cause Construction Commencement to occur on or before the Project Commencement Date, achieve Construction Completion on or before the Project Completion Date or the Company to otherwise timely fulfill any one or more of its other obligations hereunder. The City may therefore determine, in its sole discretion, to extend the Project Commencement Date, the Project Completion Date or any other time frame for the Company to fulfill its obligations hereunder if so requested by the Company in writing due to such unforeseeable delay; provided, however, that the City shall have no obligation to grant such an extension. (e) The Company recognizes and agrees that the City has no role in or obligation of any kind to any party with respect to the Project after the delivery of the City Deed except for the City Payments, the obligation of the City to not cause or allow any City Event of Default to occur, or as otherwise specifically provided in this Agreement. (f) In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth Company is in Schedule-Idefault under this Section 5.1, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority but still in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance compliance with the provisions of this Franchise Agreement, the dates set forth City may, in Schedule-I shall be deemed its reasonably exercised discretion, and otherwise without disadvantage, decide to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I has been amended as above; provided further that temporarily permit such default, if, in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights opinion of the Authority under this Agreement including City, such permission is in the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect best interest of the affected Works as specified in Clause 10.4.2City. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, [730th(Seven Hundred and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The day mentioned in the Schedule I Thirty) day] from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 90 (thirtyninety) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 (i) The Contractor shall construct the Project as specified in Schedule-Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The day mentioned in the Schedule I [18 months] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 (ii) The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IJ, 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 of a sum calculated at the rate of 0.05% (zero point zero five per centpercent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I –J and until such Project Milestone is achieved or the Works are Project is completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I J has been amended as above; provided further that in the event the Works are Project is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3.2 10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay in providing the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180th (one hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project length corresponding to the Project Milestone-I is not handed over or lately handed over resulting in the extension of completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved by 180th (one hundred and eighty) day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The 730th (Seven Hundred Thirtieth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 90 (thirtyninety) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor On or after the Effective Date, the Concessionaire shall construct the undertake construction of Project as specified in Schedule-B and Schedule-CAppendix VII, and in conformity with the Specifications and Standards set forth in ScheduleAppendix III. The . and day for Phase-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The day mentioned in the Schedule I wise Essential Facilities from the Appointed Effective Date shall be the scheduled date for completion date of construction of Project (the “"Scheduled Completion Date”Date Essential Facilities" as the case may be) and the Contractor Concessionaire agrees and undertakes that the construction Construction of Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 . The Contractor Concessionaire shall construct the Project in accordance with the Project Completion completion / Implementation Schedule set forth in Schedule-I. Appendix V. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or completion with respect to Essential Facilities, as the Scheduled Completion Date case may be, within a period of 30 (thirty) days from the date set forth in Schedule-Ias given at clause 12.4.1, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the AuthorityAuthority / SSNNL / FED, it shall pay Damages to the Authority / SSNNL / FED in a sum calculated at the rate of 0.05% Rs. 7.5 Lakhs (zero point zero five per centRupees Seven Lakhs and fifty thousand only) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone completion with respect to Essential Facilities, is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I Appendix V shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I Appendix V has been amended as above; provided further that in the event the Works are completed within Project Completion Date is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority / SSNNL / FED to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority / SSNNL / FED under this Agreement Agreement, including the right of Termination thereof. The Parties further agree In the event that Time Extension hereunder shall only be reckoned for and in respect construction of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor project is not completed within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance from the Scheduled Completion Date, unless the delay is on account of commencing a work that requires prior sanction of CRSreasons solely attributable to the Authority / SSNNL / FED or due to Force Majeure, then without prejudice to rights available under the Applicable Law and this Agreement, the Authority / SSNNL / FED shall be entitled to terminate this Agreement.

Construction of the Project. 10.3.1 (i) The Contractor shall construct the Project as specified in Schedule-Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The day mentioned in the Schedule I [365th (three hundred and sixty fifth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 (ii) The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IJ, 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 of a sum calculated at the rate of 0.05% (zero point zero five per centpercent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I –J and until such Project Milestone is achieved or the Works are Project is completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I J has been amended as above; provided further that in the event the Works are Project is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or part thereof, the Damages paid under this Clause 10.3.2 Clause10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay in providing the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180(one hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project length corresponding to the Project Milestone-I is not handed over or lately handed over resulting in the extension of completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved by 180th (one hundred and eighty) day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 10.3(ii) shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.210.5 (ii). 10.3.3 (iii) The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe with the provisions of this Clause 10.3. Provided, however, Provided that no deduction on account of Damages shall be effected by the Authority without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 10.3 (ii) shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works. If the damages exceed 10% (ten percent) of the Contract Price, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible deemed to prepare be in default of this agreement having no cure and submit applications the Authority shall be entitled to Authority Engineer for obtaining sanction terminate this Agreement by issuing a Termination Notice in accordance with the provisions of CRS at least 60 Clause 23.1 (sixtyii). (iv) In the event that the Contractor fails to achieve the Project Completion within a period of 90 (ninety) days from the Schedule Completion Date set forth in advance Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, the contractor shall be deemed to be ineligible for bidding any future projects of commencing a work that requires prior sanction the Authority, both as the sole party or as one of CRSthe parties of Joint Venture/ Consortium during the period from Scheduled Completion Date to issuance of Completion Certificate. This restriction is applicable if the contract value of the delayed project is not less than Rs. 300 Crore.

Construction of the Project. 10.3.1 The 12.3.1 On or after the Appointed Date, the Contractor shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The day mentioned in the Schedule I from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted.D. 10.3.2 12.3.2 The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 90 (thirtyninety) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.2% (zero point zero five per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor shall construct the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The day mentioned in the Schedule I 1095th (One thousand and Ninety Fifth) from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IJ, 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 of a sum calculated at the rate of 0.05% (zero point zero five per centpercent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I –J and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I J has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works works as specified in Clause 10.4.210.5.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe with the provisions of this Clause 10.3. Provided, however, provided that no deduction on account of Damages shall be effected by the Authority without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, [550th (five hundred and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The day mentioned in the Schedule I fiftieth) day] from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 . The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 60 (thirtysixty) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties In the event that the Project is not completed and COD does not occur within 180 (one hundred and eighty) days from the Scheduled Completion Date, unless the delay is on account of reasons attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement. Maintenance during Construction Period During the Construction Period, the Concessionaire shall maintain, at its cost, the existing Project Facilities (if any) and shall undertake the necessary repair and maintenance works for this purpose; provided that the Concessionaire may, at its cost, interrupt and divert the Users, if any and other persons if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further agree that Time Extension hereunder such interruption and diversion shall be undertaken by the Concessionaire only be reckoned for and in respect with the prior written approval of the affected Works as Independent Engineer which approval shall not be unreasonably withheld. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the Project. In the event of default by the Concessionaire in discharging the obligations specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Provided12.4.1, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of may levy and recover Damages under Clause 10.3.2 shall not exceed 10equal to 0.2% (ten percentzero point two per cent) of the Contract PricePerformance Security for each day of default hereunder. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-CSchedule- B, and in conformity with the Specifications and Standards set forth in Schedule-D. Schedule- C. The Contractor shall be responsible for the correct positioning of all parts of the Works, 1825th (one thousand eight hundred and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The twenty fifth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that construction of the construction Project shall be completed on or before the Scheduled Completion Date. All the modification works in the existing yards of Zonal Railway in the alignment of the Project (as indicated in the yard plan mentioned in Schedule-B) shall be done by the Zonal Railway/ Authority and the cost of the same shall be borne by the Authority. However, including any extension thereof, in which case the Scheduled Completion Date will be Independent Engineer shall monitor and supervise all the extended date as per necessary modifications with the time extension grantedapproval of Authority. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. Schedule- D. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 90 (thirtyninety) days from the date set forth in Schedule-ISchedule- D, 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 0.05% (zero point zero five per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and Schedule- D until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Milestone/ Scheduled Completion Date is extended in accordance with the provisions of this Concession Agreement, the dates set forth in Schedule-I Schedule- D shall be deemed to be modified accordingly and the provisions of this Concession Agreement shall apply as if Schedule-I Schedule- D has been amended as above; provided . Provided further that that, in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Concession Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 365 (three hundred and sixty five) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works entitled to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.terminate this Concession Agreement

Construction of the Project. 10.3.1 The Contractor shall construct the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The 720th (Seven hundred and twentieth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IJ, 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 of a sum calculated at the rate of 0.05% (zero point zero five per centpercent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I –J and until such Project Milestone is achieved or the Works are completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I J has been amended as above; provided further that in the event the Works are completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works works as specified in Clause 10.4.210.5.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe with the provisions of this Clause 10.3. Provided, however, Provided that no deduction on account of Damages shall be effected by the Authority without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The 1095th (one thousand ninety fifth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled date for completion date (of the “Project ( the “ Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. The Concessionaire shall undertake the Construction Works in compliance with the Environmental Management Plan. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty90(ninety) days from the date set forth for such Project Milestone in Schedule-IG , unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five per centone percent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I Schedule- G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 (i) The Contractor shall construct the Project as specified in Schedule-Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The day mentioned in the Schedule I [540th (Five Hundred and Forty Day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 (ii) The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IJ, 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 of a sum calculated at the rate of 0.05% (zero point zero five per centpercent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I –J and until such Project Milestone is achieved or the Works are Project is completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I J has been amended as above; provided further that in the event the Works are Project is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3.2 10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay in providing the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180th (one floating material for providing floating Terminal facilities at various locations on NW – 2 (Brahmaputra River) on EPC mode Sept, 2021 hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project length corresponding to the Project Milestone-I is not handed over or lately handed over resulting in the extension of completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved by 180th (one hundred and eighty) day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor shall construct Owner hereby represents, as of the date hereof, and covenants, warrants and agrees as follows: (a) The Owner has incurred, or will incur within six (6) months after the Closing Date, a substantial binding obligation to a third party to commence the construction of the Project, pursuant to which the Owner is or will be obligated to expend at least the lesser of (i) five percent (5%) of the aggregate principal amount of the Note or (ii) $100,000 for the payment of Qualified Project Costs. (b) The Owner’s reasonable expectations respecting the total cost of the construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards disbursement of proceeds of the Note are accurately set forth in Schedule-D. the Tax Certificate, which has been delivered to the City on the Closing Date. (c) The Contractor Owner will proceed with due diligence to complete the construction of the Project and expects to expend the maximum authorized amount of the Project Loan for Project Costs within three (3) years of the Closing Date. (d) The Owner shall prepare and submit to the City a final allocation of the proceeds of the Note to the payment of Qualified Project Costs, which allocation shall be responsible for consistent with the correct positioning of all parts of the Works, and shall rectify any error cost certification (as defined in the positions, levels, dimensions or alignment of Partnership Agreement) within sixty (60) days after the Works.. The day mentioned in the Schedule I from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including but in any extension thereofevent no later than the earlier of (1) eighteen (18) months from the placed in service date for the Project, (2) the Maturity Date with respect to the Funding Loan (as defined in which case the Scheduled Completion Date will be Funding Loan Agreement) or (3) the extended date as per fifth anniversary of the time extension grantedClosing Date. 10.3.2 The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirtye) No later than five (5) days from after the Completion Date, the Owner will submit to the City and the Funding Lender a duly executed and completed Completion Certificate. (f) On the date set forth in Schedule-I, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.05% on which fifty percent (zero point zero five per cent50%) of the Contract Price for delay units in the Project are first rented, the Owner will submit to the City and the Funding Lenderr a duly executed and completed Certificate as to Commencement of each day reckoned Qualified Project Period, in the form of Exhibit E attached hereto. (g) Money on deposit in any fund or account in connection with the Note, whether or not such money was derived from other sources, shall not be used by or under the direction of the Owner in a manner which would cause the Note to be an “arbitrage bond” within the meaning of Section 148 of the Code, and the Owner specifically agrees that the investment of money in any such fund shall be restricted as may be necessary to prevent the Note from being an “arbitrage bond” under the Code. (h) The Owner (and any person related to it within the meaning of Section 147(a)(2) of the Code) will not take or omit to take any action if such action or omission would in any way cause the proceeds from the date specified sale of the Note to be applied in Schedule - I and until such Project Milestone is achieved or a manner contrary to the Works are completed; provided that if requirements of the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Funding Loan Agreement, the dates set forth Project Loan Agreement or this Regulatory Agreement. (i) On or concurrently with the final draw by the Owner of amounts representing proceeds of the Note, the expenditure of such draw, when added to all previous disbursements representing proceeds of the Note, will result in Schedulenot less than ninety-I five percent (95%) of all disbursements of the proceeds of the Note having been used to pay or reimburse the Owner for Qualified Project Costs and less than twenty-five percent (25%) of all disbursements having been used to pay for the acquisition of land or any interest therein. (j) The statements made in the various certificates to be delivered by the Owner to the City on the Closing Date in connection with the execution and delivery of the Note will be true and correct. (k) All of the amounts received by the Owner from the proceeds of the Note and earnings from the investment of such proceeds will be used to pay Project Costs; and no more than two percent (2%) of the proceeds of the Note shall be deemed used to pay Costs of Issuance of the Note. (l) The Owner will not knowingly take or permit, or omit to take or cause to be modified accordingly and taken, as is appropriate, any action that would adversely affect the provisions Tax-Exempt status of this Agreement shall apply the interest on the Note, and, if it should take or permit, or omit to take or cause to be taken, any such action, it will take all lawful actions necessary to rescind or correct such actions or omissions promptly upon obtaining knowledge thereof. (m) The Owner will take such action or actions as if Schedule-I has been amended as above; provided further that may be necessary, in the event written opinion of Tax Counsel to the Works are completed within or before City, to comply fully with the Scheduled Completion Date including any Time ExtensionAct, the Damages paid under this Clause 10.3.2 shall be refunded by the Authority to the ContractorCode and all applicable rules, but without any interest thereon. For the avoidance of doubtrulings, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedpolicies, howeverprocedures, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representationRegulations or other official statements promulgated, if any, proposed or made by the Contractor within 20 Department of the Treasury or the Internal Revenue Service to the extent necessary to maintain the Tax-Exempt status of interest on the Note. (twentyn) days No portion of the proceeds of the Note shall be used to provide any airplane, skybox or other private luxury box, health club facility, facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises. No portion of the proceeds of the Note shall be used for an office unless (i) the office is located on the premises of the facilities constituting the Project and (ii) not more than a de minimis amount of the functions to be performed of such notice. The Parties expressly agree that office is not related to the total amount day-to-day operations of Damages under Clause 10.3.2 shall not exceed 10% the Project. (ten percento) In accordance with Section 147(b) of the Contract Price. 10.3.4 Certain worksCode, which are executed in the vicinity average maturity of running track, may require prior sanction the Note does not exceed one hundred twenty percent (120%) of Commissioner the average reasonably expected economic life of Railway Safety (CRS) before execution of such works are taken up the facilities being financed by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRSNote.

Construction of the Project. 10.3.1 (i) The Contractor shall construct the Project as specified in Schedule-Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. theWorks. The day mentioned in the Schedule I [540th (Five Hundred and Forty) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 (ii) The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IJ, unless such failure has occurred due to Force toForce Majeure or for reasons solely attributable to the Authority, it shall pay Damages to Damagesto the Authority in of a sum calculated at the rate of 0.05% (zero point zero five per cent) of percent)of the Contract Price for delay of each day reckoned from the date specified in Schedule - I –J and until such Project Milestone is achieved or the Works are Project is completed; provided that if the period for any or all orall Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates thedates set forth in Schedule-I J shall be deemed bedeemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I J has been amended as above; provided further that in the event the Works are Project is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3.2 10.3(ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay inproviding the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180th (one hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project length corresponding to the Project Milestone-I is not handed over or lately handedover resulting in the extension of completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage Payment of 10% X0.95=9.5% only is to be achieved by180th (one hundred and eighty) day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 Clause10.3 (iii) shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder here under shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2Clause10.5 (ii). 10.3.3 (iv) The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe with the provisions of this Clause 10.3. Provided, however, Provided that no deduction on account of Damages shall be effected by the Authority without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 10.3 (ii) shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works. If the damages exceed 10%(ten percent) of the Contract Price, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible deemed to prepare be in default ofthis agreement having no cure and submit applications the Authority shall be entitled to Authority Engineer for obtaining sanction terminate this Agreement by issuing a Termination Notice in accordance with the provisions of CRS at least 60 Clause 23.1 (sixtyii). (v) In the event that the Contractor fails to achieve the Project Completion within a period of 90 (ninety) days from the Schedule Completion Date set forth in advance Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, the contractor shall be deemed to be in eligible for bidding any future projects of commencing a work that requires prior sanction the Authority, both as the sole party or as one of CRStheparties of Joint Venture/ Consortium during the period from Scheduled Completion Date to issuance of Completion Certificate. This restriction is applicable if the contract value of the delayed projectis not less thanRs. 300 Crore.

Construction of the Project. 10.3.1 7.3.1 The Contractor shall construct set out and undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. B. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The day mentioned in the Schedule I from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on within the Construction Period or before the Scheduled Completion Date, including any extension thereof, in which case of time granted solely according to the Scheduled Completion Date will be provisions of the extended date as per the time extension grantedAgreement. 10.3.2 7.3.2 The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. H. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth for such Milestone in Schedule-ISchedule H, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the AuthorityKDA, it shall pay Damages to the Authority KDA in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period Construction Period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I Schedule H shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I Schedule H has been amended as above; provided further that in the event the Works are Project is completed within or before the Scheduled Completion Date including any Time ExtensionConstruction Period, the Damages paid under this Clause 10.3.2 Sub-clause 7.3.2 shall be refunded by the Authority KDA to the Contractor, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 Sub-clause 7.3.2 shall be without prejudice to the rights of the Authority KDA under this Agreement including the right of Termination thereof. 7.3.3 The Parties hereby accept that delays cause loss to the public and the State economy for whose benefit the Project is meant, and that the loss is not susceptible to precise measurement. The Parties further hereby agree that Time Extension hereunder shall only be reckoned for the rate of Damages agreed in this Clause 7.3 is a reasonable pre-determined amount, and in respect that the Damages are not by way of the affected Works as specified in Clause 10.4.2penalty. 10.3.3 The Authority 7.3.4 KDA shall notify the Contractor of its decision to impose Damages in pursuance ofthe with the provisions of this Clause 10.37.3. Provided, however, Provided that no deduction on account of Damages shall be effected by the Authority KDA without taking into consideration the representation, if any, made by notifying the Contractor within 20 (twenty) days of such noticeits decision to impose the Damages. The Parties expressly agree that Further, the total amount of Damages under Clause 10.3.2 Sub-clause 7.3.2 shall not exceed 10% (ten percent) percent of the Contract Price. 10.3.4 Certain works7.3.5 In the event that construction of the Project is not completed within 180 (one hundred and eighty) days after the Construction Period, which are executed in unless the vicinity delay is on account of running trackreasons solely attributable to KDA or due to Force Majeure, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor KDA shall be responsible entitled to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRSterminate this Agreement.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, 730th (Seven Hundred and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The Thirtieth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 90 (thirtyninety) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 (i) The Contractor shall construct the Project as specified in Schedule-Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. . The day mentioned in the Schedule I 365th(Three Sixty Fifth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 (ii) The Contractor shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-IJ, 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 of a sum calculated at the rate of 0.05% (zero point zero five per centpercent) of the Contract Price for delay of each day reckoned from the date specified in Schedule - I –J and until such Project Milestone is achieved or the Works are Project is completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I J has been amended as above; provided further that in the event the Works are Project is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3.2 thisClause10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay in providing the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180th(one hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project corresponding to the Project Milestone-I is not handed over or lately handed over resulting in the extension of completion of this 5% (five percent) length beyond ScheduledCompletionDate,StagePaymentof10%X0.95=9.5%onlyistobeachieved by 180th(one hundred and eighty)day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Provided, however, that no deduction on account of Damages shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts Scope of the Works, Project. The 910th (Nine Hundred and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The Tenth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirtyninety) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 180 (one hundred and eighty) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.

Construction of the Project. 10.3.1 The Contractor 12.3.1 On or after the Appointed Date, the Concessionaire shall construct undertake construction of the Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works.. The 550th (Five hundred Fiftieth) day mentioned in the Schedule I from the Appointed Date shall be the scheduled date for completion date of the Project (the “Scheduled Completion Date”) and the Contractor Concessionaire agrees and undertakes that the construction Project shall be completed on or before the Scheduled Completion Date, including any extension thereof, in which case the Scheduled Completion Date will be the extended date as per the time extension granted. 10.3.2 12.3.2 The Contractor Concessionaire shall construct the Project in accordance with the Project Completion Schedule set forth in Schedule-I. G. In the event that the Contractor Concessionaire fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 90 (thirtyninety) days from the date set forth for such Project Milestone in Schedule-IG, unless such failure has occurred due to Force Majeure or for reasons attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Contract Price amount of Performance Security for delay of each day reckoned from the date specified in Schedule - I and until such Project Milestone is achieved or the Works are completedachieved; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-I G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-I G has been amended as above; provided further that in the event the Works are completed within COD is achieved on or before the Scheduled Completion Date including any Time ExtensionDate, the Damages paid under this Clause 10.3.2 12.3.2 shall be refunded by the Authority to the ContractorConcessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3.2 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement Agreement, including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.4.2. 10.3.3 The Authority shall notify 12.3.3 In the Contractor of its decision to impose Damages in pursuance ofthe provisions of this Clause 10.3. Providedevent that the Project is not completed and COD does not occur within 270 (two hundred and seventy) days from the Scheduled Completion Date, however, that no deduction unless the delay is on account of Damages reasons attributable to the Authority or due to Force Majeure, the Authority shall be effected by the Authority without taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Priceentitled to terminate this Agreement. 10.3.4 Certain works, which are executed in the vicinity of running track, may require prior sanction of Commissioner of Railway Safety (CRS) before execution of such works are taken up by the Contractor. Authority Engineer will advise such works to the Contractor. The Contractor shall be responsible to prepare and submit applications to Authority Engineer for obtaining sanction of CRS at least 60 (sixty) days in advance of commencing a work that requires prior sanction of CRS.