Common use of Construction of the Ropeway Clause in Contracts

Construction of the Ropeway. 12.4.1 On or after the Appointed Date, the Concessionaire shall undertake construction of the XXX Ropeway as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The [**** day] from the Appointed Date shall be the scheduled date for completion of the XXX Ropeway (the “Scheduled Date”) and the Concessionaire agrees and undertakes that construction of the XXX Ropeway shall be completed on or before the Scheduled Date. For the avoidance of doubt, it is agreed that the Project Completion Schedule and Scheduled Date shall not apply to Real Estate Development. 12.4.2 The Concessionaire shall construct the XXX Ropeway in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Date, the Damages paid under this Clause 12.3.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 12.4.3 In the event that the XXX Ropeway is not completed within [270 (two hundred and seventy)] days from the Scheduled Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement.

Construction of the Ropeway. 12.4.1 1) On or after the Appointed Date, the Concessionaire shall undertake construction of the XXX village Rampur to Naina Devi Ji Ropeway as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and CEN Standards set forth in Schedule-D. The [**** day36 months or completion date, whichever is before] from the Appointed Date shall be the scheduled date for completion of the XXX village Rampur to Naina Devi Ji Ropeway (the “Scheduled Date”) and the Concessionaire agrees and undertakes that construction of the XXX village Rampur to Naina Devi Ji Ropeway shall be completed on or before the Scheduled Date. For If desirable, the avoidance of doubtConcessionaire should follow Indian Standards required for construction as detailed in Schedule – D (I) for civil, it is agreed that the Project Completion Schedule mechanical and Scheduled Date shall not apply to Real Estate Developmentelectrical work except ropeway system installed as per CEN standards, if considered safer. 12.4.2 2) The Concessionaire shall construct the XXX village Rampur to Naina Devi Ji Ropeway in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Date, the Damages paid under this Clause 12.3.2 12.3.2) shall be refunded by the Authority to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 12.3.2) shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 12.4.3 3) In the event that the XXX village Rampur to Naina Devi Ji Ropeway is not completed within [270 180 (two One hundred and seventy)] eighty) days from the Scheduled Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement.

Construction of the Ropeway. 12.4.1 12.3.1 On or after the Appointed Date, the Concessionaire shall undertake construction of the XXX Ropeway as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The [**** day] from the Appointed Date shall be the scheduled date for completion of the XXX Ropeway (the “Scheduled Date”) and the Concessionaire agrees and undertakes that construction of the XXX Ropeway shall be completed on or before the Scheduled Date. For the avoidance of doubt, it is agreed that the Project Completion Schedule and Scheduled Date shall not apply to Real Estate Development. 12.4.2 12.3.2 The Concessionaire shall construct the XXX Ropeway in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Date, the Damages paid under this Clause 12.3.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 12.4.3 12.3.3 In the event that the XXX Ropeway is not completed within [270 (two hundred and seventy)] days from the Scheduled Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement.

Construction of the Ropeway. 12.4.1 On or after the Appointed Date, the Concessionaire shall undertake construction of the XXX Haji Bunder (Sewree) to Elephanta Island Ropeway as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and CEN Standards set forth in Schedule-D. The [**** day900 day or 30 months, whichever is before] from the Appointed Date shall be the scheduled date for completion of the XXX Haji Bunder (Sewree) to Elephanta Island Ropeway (the “Scheduled Date”) and the Concessionaire agrees and undertakes that construction of the XXX Haji Bunder (Sewree) to Elephanta Island Ropeway shall be completed on or before the Scheduled Date. For If desirable, the avoidance of doubtConcessionaire should follow Indian Standards required for construction as detailed in Schedule – D (I) for civil, it is agreed that the Project Completion Schedule mechanical and Scheduled Date shall not apply to Real Estate Development. 12.4.2 electrical work except ropeway system installed as per CEN standards, if considered more safe. The Concessionaire shall construct the XXX Haji Bunder (Sewree) to Elephanta Island Ropeway in accordance with the Project Completion Schedule set forth in Schedule-G. In the event that the Concessionaire fails to achieve any Project Milestone within a period of 90 (ninety) days from the date set forth for such Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Milestone is achieved; provided that if any or all Project Milestones or the Scheduled Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-G has been amended as above; provided further that in the event Project Completion Date is achieved on or before the Scheduled Date, the Damages paid under this Clause 12.3.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.3.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. 12.4.3 . In the event that the XXX Haji Bunder (Sewree) to Elephanta Island Ropeway is not completed within [270 (two hundred and seventy)] ) days from the Scheduled Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to terminate this Agreement.