Common use of Construction Period Clause in Contracts

Construction Period. The Independent Engineer shall undertake a review of the Documents to be furnished by the Concessionaire for construction of the Power Plant and send its comments/observations to NMMC within 15 (fifteen) days of receipt of such Documents. In particular, such comments shall specify the conformity or otherwise of such Documents with the Scope of the Project and Specifications and Standards. The Independent Engineer shall review any modified Documents sent to it by the NMMC in pursuance thereof and furnish its comments within 7 (seven) days of receiving such Documents. • The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to NMMC within 7 (seven) days of receipt of such report. • The Independent Engineer shall inspect the Construction Works and equipment once every month, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted and conformity of Construction Works and equipment with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Power Plant or in the equipment. The Independent Engineer shall send a copy of its Inspection Report to NMMC within 7 (seven) days of the inspection. • The Independent Engineer may inspect the Power Plant more than once in a month if any lapses, defects or deficiencies require such inspections. • The Independent Engineer shall witness all the standard tests prior to recommendation of Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Article 19.9.3.3 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of this Agreement. • In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards as per the Power Procurement Agreement. • In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which COD shall be achieved. Upon receipt of a report from the Concessionaire, the Independent Engineer shall review the same and send its comments to NMMC and the Concessionaire forthwith. • If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify NMMC and Concessionaire of the same.

Construction Period. The Independent Engineer From and after the Delivery Date, Tenant shall undertake a review have the right to construct the Tenant Improvement Work. Tenant hereby agrees and acknowledges that portions of the Documents to be furnished by the Concessionaire for construction Landlord Work described in Section 5 of the Power Plant Work Letter, which shall not interfere with or delay the Tenant Improvement Work, may not be completed until after the Delivery Date, in which event Landlord and send its comments/observations to NMMC within 15 (fifteen) days of receipt of such Documents. In particular, such comments Tenant shall specify the conformity or otherwise of such Documents reasonably cooperate with the Scope of the Project and Specifications and Standards. The Independent Engineer shall review any modified Documents sent to it by the NMMC in pursuance thereof and furnish its comments within 7 (seven) days of receiving such Documents. • The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to NMMC within 7 (seven) days of receipt of such report. • The Independent Engineer shall inspect the Construction Works and equipment once every month, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted and conformity of Construction Works and equipment with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Power Plant or in the equipment. The Independent Engineer shall send a copy of its Inspection Report to NMMC within 7 (seven) days of the inspection. • The Independent Engineer may inspect the Power Plant more than once in a month if any lapses, defects or deficiencies require such inspections. • The Independent Engineer shall witness all the standard tests prior to recommendation of Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Article 19.9.3.3 and all matters incidental thereto, the Independent Engineer shall act under and each other in accordance with the provisions terms and conditions of such Section 5 of the Work Letter. The period commencing on the Delivery Date, and expiring on the day immediately preceding the New Premises Commencement Date (as defined in Section 2(d) below), shall hereinafter sometimes be referred to as the “Construction Period.” During the Construction Period, Tenant shall not be obligated to pay New Premises Base Rent (as defined in Section 4(c) below) and/or Tenant’s Share of Direct Expenses with respect to the New Premises, but shall pay for any and all Utility Services (as defined in, and subject to the terms and conditions of, Section 6.1 of the Lease) relating to the New Premises (in addition to the Original Premises), and otherwise comply with all of the terms and conditions of the Lease and this AgreementFirst Amendment. • In If Tenant completes the event that Tenant Improvement Work prior to the Concessionaire carries out expiration of the Construction Period, Tenant shall have the right to occupy the New Premises without the payment of New Premises Base Rent and/or Tenant’s Share of Direct Expenses with respect to the New Premises, but shall continue to pay for any remedial works for removal or rectification and all Utility Services relating to such New Premises (and shall continue to pay any and all amounts due and owing under the Lease with respect to the Original Premises), and otherwise be subject to all of the terms and conditions of the Lease (and this First Amendment). Notwithstanding anything to the contrary contained in the Lease and/or this First Amendment, if Tenant does not complete the Tenant Improvement Work until after the expiration of the Construction Period, the New Premises Commencement Date shall not be delayed as a result thereof, except to the extent of any defects Landlord Delay or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that Construction Force Majeure (as such remedial works have brought the Construction Works into conformity with the Specifications and Standards as per the Power Procurement Agreement. • In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which COD shall be achieved. Upon receipt of a report from the Concessionaire, the Independent Engineer shall review the same and send its comments to NMMC and the Concessionaire forthwith. • If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify NMMC and Concessionaire of the sameterms are defined below).

Construction Period. The Independent During the Construction Period; the Authority Engineer shall undertake a review of the Documents to be Drawings furnished by the Concessionaire for construction Contractor along with supporting data; including the geo-technical and hydrological investigations; characteristics of materials from borrow areas and quarry sites; topographical surveys; and the recommendations of the Power Plant Safety Consultant in accordance with the provisions of Clause 10.1.6.The Authority Engineer shall complete such review and send its comments/observations to NMMC the Authority and the Contractor within 15 (fifteen21(twenty one) days of receipt of such DocumentsDrawings; provided, however that in case of Structures, airspace development at railway stations including concourse and any other specified item the aforesaid period of 21 (twenty one) days may be extended as per the time limit as indicated in Annexure-II of Schedule-D;.;. In particular, ; such comments shall specify the conformity or otherwise of such Documents Drawings with the Scope of the Project and Specifications and Standards. The Independent Engineer AuthorityEngineer shall review any modified Documents revised Drawings sent to it by the NMMC in pursuance thereof Contractor and furnish its comments within 7 10 (seventen) days of receiving such DocumentsDrawings. • The Independent Authority Engineer shall review the Quality Assurance Plan submitted by the Contractor and shall convey its comments to the Contractor within a period of 21 (twenty-one) days stating the modifications; if any; required thereto. The Authority Engineer shall complete the review of the methodology proposed to be adopted by the Contractor for executing the Works; and convey its comments to the Contractor within a period of 10 (ten) days from the date of receipt of the proposed methodology from the Contractor. The Authority Engineer shall review the monthly progress report furnished by the Concessionaire Contractor and send its comments thereon to NMMC the Authority and the Contractor within 7 (seven) days of receipt of such report. • The Independent Authority Engineer shall inspect the Construction Works and equipment once every month, theProject and make shall submit a monthly Inspection Report bringing out a report the results of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted and conformity of Construction Works and equipment with the Scope of the Project inspections and the remedial action taken by the Contractor in respect of Defects or deficiencies. The Authority Engineer shall conduct the pre-construction review of manufacturer's test reports and standard samples of manufactured Materials; and such other Materials as the Authority Engineer may require. For determining that the Works conform to Specifications and Standards. In a separate section of ; the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Power Plant or in the equipment. The Independent Engineer shall send a copy of its Inspection Report to NMMC within 7 (seven) days of the inspection. • The Independent Engineer may inspect the Power Plant more than once in a month if any lapses, defects or deficiencies require such inspections. • The Independent Engineer shall witness all the standard tests prior to recommendation of Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Article 19.9.3.3 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of this Agreement. • In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Authority Engineer shall require the Concessionaire Contractor to carry out, ; or cause to be carried out; tests at such time and frequency and in such manner as specified in the Agreement and in accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 4.9; the tests specified in the ScheduleD-Specifications and Standards, shall be deemed to be tests conforming to determine that such remedial works have brought Good Industry Practice for quality assurance. The Authority Engineer shall test check prescribed in this Agreement for each category or type of test for quality control by the Construction Works into conformity Contractor. The timing of tests referred to in Paragraph 4.9; and the criteria for acceptance/ rejection of their results shall be determined by the Authority Engineer in accordance with the Specifications Quality Control Manuals. The tests shall be undertaken on a random sample basis and Standards as per shall be in addition to; and independent of; the Power Procurement Agreementtests that may be carried out by the Contractor for its own quality assurance in accordance with Good Industry Practice. • In the event that results of any tests conducted under Clause 11.10 establish any Defects or deficiencies in the Works; the Authority Engineer shall require the Contractor to carry out remedial measures. The Authority Engineer may instruct the Contractor to execute any work which is urgently required for the safety of the Project; whether because of an accident; unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event; the provisions of Clause 19.6 shall apply. In the event that the Concessionaire Contractor fails to achieve any of the Project Milestones, ; the Independent Authority Engineer shall undertake a review of the progress of construction and identify potential delays, ; if any. If the Independent Authority Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, ; it shall require the concessionaire Contractor to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, ; and the period within which COD the Project Completion Date shall be achieved. Upon receipt of a report from the Concessionaire, Contractor; the Independent Authority Engineer shall review the same and send its comments to NMMC the Authority and the Concessionaire Contractor forthwith. • If The Authority Engineer shall obtain from the Contractor a copy of all the Contractor’s quality control records and documents before the Completion Certificate is issued pursuant to Clause 12.4. Authority Engineer may recommend to the Authority suspension of Construction the whole or part of the Works is for reasons not attributable if the work threatens the safety of the public .pedestrians orUsers. After the Contractor has carried out remedial measure; the Authority Engineer shall inspect such remedial measures forthwith and make a report to the Concessionaire, Authority recommending whether or not the Independent suspension hereunder may be revoked. In the event that the Contractor carries out any remedial measures to secure the safety of suspended works and Users; and requires the Authority Engineer to inspect such works; the Authority Engineer shall inspect the suspended works within 3 (three) days of receiving such notice; and make a report to the Authority forthwith; recommending whether or not such suspension may be revoked by the Authority. The Authority Engineer shall carry out; or cause to be carried out; all the Tests specified in Schedule-J and issue a Completion Certificate or Provisional Certificate; as the case may be. For carrying out its functions under this Paragraph 4.18 and all matters incidental thereto; the Authority Engineer shall act under and in accordance with the provisions of Article 12 and Schedule-J. Determination of costs and time The Authority Engineer shall determine the extension costs; and/or their reasonableness; that are required to be determined by it under the Agreement. The Authority Engineer shall determine the period of dates set forth Time Extension that is required to be determined by it under the Agreement. The Authority Engineer shall consult each Party in every case of determination in accordance with the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify NMMC and Concessionaire provisions of the sameClause 16.5.

Construction Period. The Independent Engineer Contractor warrants and undertakes that it shall: comply with this agreement and the Proposed Contract Documents; carry out and fulfil, in all respects, the duties of a principal contractor [and the Principal Designer]6 under the CDM Regulations; ensure that the Key Personnel maintain a material involvement in the Pre-Construction Services; and allocate personnel of sufficient numbers and qualifications to perform the Pre-Construction Services, deploying as a minimum the personnel and resources listed in Part 2 of Schedule 2 (Pre-Construction Services, Personnel and Resources). The Contractor warrants and undertakes that it has exercised and shall undertake a review continue to exercise the Standard of Care:- when performing the Pre-Construction Services; and not to specify for use any Deleterious Materials at the time of use or specification. Without prejudice to the scope of the Documents Pre-Construction Services the Contractor shall perform the Pre-Construction Services and comply with its obligations in or arising out of this agreement in accordance with:- the Proposed Contract Documents; such financial constraints as the Employer may from time to time agree with the Contractor; the master programme (as referred to in paragraph 2 of Part 1 of Schedule 2 (Pre-Construction Services, Personnel and Resources)) and such other time constraints as the Employer, acting reasonably, may from time to time agree with the Contractor, [and] the instructions of the Employer properly given under this agreement (whether given by the Employer or by the Employer's Representative on behalf of the Employer's). The Employer and the Contractor agree to work together during the Pre-Construction Period to finalise the Contract Sum and all designs and technical documents to be furnished inserted in the Contract. The Contractor agrees to provide such information and assistance to the Employer as may be necessary for this purpose. Nothing in this agreement shall prevent or restrict the Employer from entering into negotiations or contracting with any other contractor at any time in relation to the Project. The Employer shall within a reasonable time: comply with any reasonable request from the Contractor for information in the Employer's possession or control, which is relevant to the Contractor's obligations under this agreement (including the Pre-Construction Services) and which has not previously been provided to the Contractor; and give instructions or approvals and make decisions (or procure that the Employer’s Representative or the Professional Consultants give instructions or approvals and make decisions) as reasonably requested by the Concessionaire for construction of Contractor, to allow the Power Plant and send Contractor to comply with its comments/observations to NMMC within 15 (fifteen) days of receipt of such Documents. In particular, such comments shall specify the conformity or otherwise of such Documents with the Scope of the Project and Specifications and Standards. The Independent Engineer shall review any modified Documents sent to it by the NMMC in pursuance thereof and furnish its comments within 7 (seven) days of receiving such Documents. • The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to NMMC within 7 (seven) days of receipt of such report. • The Independent Engineer shall inspect the Construction Works and equipment once every month, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted and conformity of Construction Works and equipment with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Power Plant or in the equipment. The Independent Engineer shall send a copy of its Inspection Report to NMMC within 7 (seven) days of the inspection. • The Independent Engineer may inspect the Power Plant more than once in a month if any lapses, defects or deficiencies require such inspections. • The Independent Engineer shall witness all the standard tests prior to recommendation of Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions obligations under this Article 19.9.3.3 and all matters incidental thereto, agreement (including performing the Independent Engineer shall act under and in accordance with the provisions of this Agreement. • In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Pre-Construction Works into conformity with the Specifications and Standards as per the Power Procurement Agreement. • In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which COD shall be achieved. Upon receipt of a report from the Concessionaire, the Independent Engineer shall review the same and send its comments to NMMC and the Concessionaire forthwith. • If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify NMMC and Concessionaire of the sameServices).

Construction Period. The Independent Engineer shall undertake Contractor warrants and undertakes that it shall: comply with this agreement and the Proposed Contract Documents; carry out and fulfil, in all respects, the duties of a review principal contractor under the CDM Regulations; ensure that the Key Personnel maintain a material involvement in the Pre-Construction Services; allocate personnel of sufficient numbers and qualifications to perform the Pre-Construction Services, deploying as a minimum the personnel and resources listed in Part 2 of Schedule 2; provide to the Employer and the Employer’s Agent upon the submission of the Documents reserved matters planning application copies of all design and survey information issued with the planning submission; not specify for use anything Deleterious at the time of specification; when performing the Pre-Construction Services have due regard to any Third Party Agreements and the Project Cost Plan. The Contractor warrants and undertakes that it shall exercise the Standard of Care when performing the Pre-Construction Services. So far as is reasonably possible, the Contractor shall not change the identity of the Key Personnel without the Employer's prior consent (such consent not to be furnished unreasonably withheld or delayed). The Employer shall within a reasonable time: comply with any reasonable request from the Contractor for information in the Employer's possession or control, which is relevant to the Contractor's obligations under this agreement (including the Pre-Construction Services) and which has not previously been provided to the Contractor; and give instructions or approvals and make decisions (or procure that the Employer's Agent give instructions or approvals and make decisions) as reasonably requested by the Concessionaire Contractor, to allow the Contractor to comply with its obligations under this agreement (including performing the Pre-Construction Services). Additional Services, works and orders In placing orders, executing work, delegating or sub-contracting the Pre-Construction Services or the Works, or carrying out any other function under this agreement, the Contractor shall comply with the Employer's instructions and the procedures and obligations referred to in the Pre-Construction Services and the Proposed Contract Documents. The Employer may instruct the Contractor to carry out Additional Services. Subject to the Contractor making a reasonable objection to performing any Additional Services, the Contractor shall perform those Additional Services. As a condition precedent to the Contractor's entitlement to any additional payment in connection with those Additional Services, the Contractor shall notify the Employer if it will require additional payment for construction of the Power Plant and send its comments/observations to NMMC those services within 15 (fifteen) days ten Business Days of receipt of the Employer's notice. That notice shall state the total sum the Contractor requires to perform those Additional Services. On receiving such Documentsa notice from the Contractor, the Employer may within a further five Business Days cancel its instruction, at no cost to the Employer (who shall not pay the Contractor for those Additional Services), and the Contractor shall not perform those Additional Services. In particular, such comments shall specify the conformity or otherwise of such Documents The Contractor may (with the Scope prior consent of the Project Employer) and Specifications and Standards. The Independent Engineer shall review any modified Documents sent to it (if so instructed by the NMMC in pursuance thereof and furnish its comments within 7 (sevenEmployer or the Employer's Agent) days place a specific order or perform a specific item of receiving such Documents. • The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to NMMC within 7 (seven) days of receipt of such report. • The Independent Engineer shall inspect the Construction Works and equipment once every month, and make out a report of such inspection (the “Inspection Report”) setting forth an overview work comprising part of the status, progress, quality and safety of construction, Works (including the work methodology adopted and conformity of Construction Works and equipment with the Scope any design of the Project Works) before the issue of any Notice to Proceed provided that, unless the Employer expressly so directs, the Contractor shall not place an order or commence any item of work until the sum forming part of the Contract Sum in respect of that order or item has been agreed in writing between the Employer and the Specifications and StandardsContractor. In a separate section Any order or item of the Inspection Report, the Independent Engineer work referred to in clause 4.3 shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Power Plant or in the equipment. The Independent Engineer shall send a copy of its Inspection Report to NMMC within 7 (seven) days of the inspection. • The Independent Engineer may inspect the Power Plant more than once in a month if any lapses, defects or deficiencies require such inspections. • The Independent Engineer shall witness all the standard tests prior to recommendation of Completion Certificate or Provisional Certificate, as the case may be. For carrying be carried out its functions under this Article 19.9.3.3 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions Proposed Contract Documents. Without affecting the Contractor's obligations under the Proposed Contract Documents, the Contractor shall: be responsible for the acts and activities of this Agreement. • In its sub-contractors and suppliers, and its liability to the event that Employer shall not in any way be reduced, qualified, released or diminished by the Concessionaire carries out any remedial works for removal or rectification Employer's approval of any defects list, design, document, material, programme, sub-contract, supply agreement, order, sub-contractor or deficienciessupplier; ensure that any sub-contract or supply agreement entered into in relation to the Works during the Pre-Construction Period contains a clause that permits its termination at will if the Employer does not issue a Notice to Proceed; give the Employer a copy of any sub-contract, the Independent Engineer shall require the Concessionaire to carry outsupply agreement, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications order and Standards as per the Power Procurement Agreement. • In the event that the Concessionaire fails to achieve any other similar document within three Business Days of the Project Milestones, Employer's request to do so. Pre-Construction Fee and payment The Employer shall pay the Independent Engineer shall undertake a review of Contractor the progress of construction and identify potential delays, if anyPre-Construction Fee. If the Independent Engineer Contractor has notified the Employer that it will require additional payment for Additional Services under clause 4.2 and the Employer has not cancelled its instruction to carry out those Additional Services under clause 4.2, the Employer shall determine that pay the Contractor the sum set out in the Contractor's notice or such other sum agreed between the parties for those Additional Services. If the parties do not agree a sum, the Employer shall pay the Contractor a fair and reasonable sum taking into account any rates and prices agreed between the parties for any Additional Services and any rates and prices used to calculate the Pre-Construction Fee. The due date for payment of any such sum shall be the next payment date, following completion of those Additional Services, for payment of an instalment of the Project is not feasible within Pre-Construction Fee, as referred to in Part 1 of Schedule 3. If the time specified in Employer issues a Notice to Proceed under clause 6.1: the Agreement, it shall require Employer's obligations to pay the concessionaire Contractor under this agreement (including its obligations under clause 5.1 to indicate within 15 (fifteenclause 5.3 inclusive) days the steps proposed to be taken to expedite progress, and the period within which COD shall be achievedreplaced by an obligation to pay the Contractor the sums due under the Proposed Contract Documents and all payments under this agreement (including the Pre-Construction Fee) shall be included within and treated as paid on account of the Contract Sum under the Proposed Contract Documents; and for the avoidance of doubt, when the Contract has been executed and completed the Employer shall make no further payments under this agreement and all payments made under this agreement (including the Pre-Construction Fee) shall be included within and treated as paid on account of the Contract Sum under the Contract. Upon receipt of If the Employer does not pay a report from sum due under this agreement on or before the Concessionaire, final date for payment the Independent Engineer Employer shall review the same and send its comments to NMMC and the Concessionaire forthwith. • If suspension of Construction Works is for reasons not attributable pay interest on that sum to the Concessionaire, Contractor as if that sum was due under the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify NMMC and Concessionaire of the sameProposed Contract Documents.

Construction Period. The In respect of the Drawings and Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 4 shall undertake a review of the Documents to be furnished by the Concessionaire for construction of the Power Plant and send its comments/observations to NMMC within 15 (fifteen) days of receipt of such Documentsapply, mutatis mutandis. In particular, such comments shall specify the conformity or otherwise of such Documents with the Scope of the Project and Specifications and Standards. The Independent Engineer shall review any modified Documents sent to it by the NMMC in pursuance thereof and furnish its comments within 7 (seven) days of receiving such Documents. • The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to NMMC the Authority and the Concessionaire within 7 (seven) days of receipt of such report. • The Independent Engineer shall inspect the Construction Works and equipment the Project once every month, preferably after receipt of the monthly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted adopted, the materials used and their sources, and conformity of Construction Works and equipment with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Power Plant or Project. The Inspection Report shall also contain a review of the maintenance of the existing lanes in conformity with the equipmentprovisions of the Agreement. The Independent Engineer shall send a copy of its Inspection Report to NMMC the Authority and the Concessionaire within 7 (seven) days of the inspection. • The Independent Engineer may inspect the Power Plant Project more than once in a month if any lapses, defects or deficiencies require such inspections. • The Independent Engineer shall witness all For determining that the standard tests prior Construction Works conform to recommendation of Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Article 19.9.3.3 Specifications and all matters incidental theretoStandards, the Independent Engineer shall act require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 5.5, the tests specified in the IRC Special Publication-11 (Handbook of Quality Control for Construction of Roads and Runways) and the Specifications for Road and Bridge Works issued by the Authority (the “Quality Control Manuals”) or any modification/substitution thereof shall be deemed to be tests conforming to Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 10% (ten per cent) of the quantity or number of tests prescribed for each category or type of tests in the Quality Control Manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. The timing of tests referred to in Paragraph 5.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the provisions of this AgreementQuality Control Manuals. • The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards as per Standards, and the Power Procurement Agreementprovisions of this Paragraph 5 shall apply to such tests. • In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the concessionaire Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which COD shall be achieved. Upon receipt of a report from the Concessionaire, the Independent Engineer shall review the same and send its comments to NMMC the Authority and the Concessionaire forthwith. • If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Authority forthwith, recommending whether or not such suspension may be revoked by the Authority. If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify NMMC the Authority and the Concessionaire of the same. The Independent Engineer shall carry out, or cause to be carried out, all the Tests specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Paragraph 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 and Schedule-I. Upon reference from the Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Authority to the Concessionaire. The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.

Construction Period. The Independent Engineer shall undertake a review Upon expiration of the Documents Due Diligence Period, but subject to the obtaining of Tenant's Permits and subject to the obtaining of Landlord's prior written approval of such work as shall be furnished by shown in Tenant's Plans, Tenant shall have a period of up to eighteen (18) calendar months following the Concessionaire for construction end of the Power Plant Due Diligence Period to commence and send complete its comments/observations to NMMC within 15 (fifteen) days of receipt of such Documents. In particular, such comments shall specify demolition and construction at the conformity or otherwise of such Documents with the Scope of the Project and Specifications and Standards. The Independent Engineer shall review any modified Documents sent to it by the NMMC in pursuance thereof and furnish its comments within 7 (seven) days of receiving such Documents. • The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to NMMC within 7 (seven) days of receipt of such report. • The Independent Engineer shall inspect the Construction Works and equipment once every month, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted and conformity of Construction Works and equipment with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Power Plant or in the equipment. The Independent Engineer shall send a copy of its Inspection Report to NMMC within 7 (seven) days of the inspection. • The Independent Engineer may inspect the Power Plant more than once in a month if any lapses, defects or deficiencies require such inspections. • The Independent Engineer shall witness all the standard tests prior to recommendation of Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Article 19.9.3.3 and all matters incidental thereto, the Independent Engineer shall act under and Leased Premises in accordance with and pursuant to Tenant's Permits (such period being sometimes herein referred to as the provisions "CONSTRUCTION PERIOD") (without extension for events of this Agreementforce majeure). • In Prior to the event that the Concessionaire carries out any remedial works for removal or rectification commencement of any defects or deficiencies, the Independent Engineer Tenant's Work Tenant shall require the Concessionaire provide to carry out, or cause to be carried out, tests to determine that such remedial works have brought Landlord copies of Tenant's Permits. During the Construction Works into conformity Period, Tenant shall perform such alterations and work as shall have been approved by Landlord in accordance with the Specifications Tenant's Plans, upon and Standards as per the Power Procurement Agreement. • In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which COD shall be achieved. Upon receipt of a report from the Concessionaire, the Independent Engineer shall review the same and send its comments to NMMC and the Concessionaire forthwith. • If suspension of Construction Works is for reasons not attributable subject to the Concessionaire, the Independent Engineer shall determine the extension of dates terms and conditions set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitledthis Section 4.4, and subject to Tenant's payments described in Section 44 and Exhibit B hereinbelow. If Tenant shall notify NMMC at any time abandon or otherwise fail to perform Tenant's Work in accordance with and Concessionaire pursuant to Tenant's Permits, such abandonment or failure shall constitute an Event of Default hereunder. Such work shall include, but not be limited to the obtaining of the samerequired certificate of occupancy of the Leased Premises, as required in Section 5.1 of this Lease. Provided that Tenant shall not be in default of this Lease beyond any applicable notice and cure period hereunder, during the Construction Period only, Landlord agrees to designate, from time to time, upon request of Tenant, a temporary staging area (the "STAGING AREA"), in and around the Property, for use by Tenant and Tenant's Contractors. The use of the Staging Area shall be subject to all of the terms and conditions of this Lease, except that Tenant shall not be required to pay any fee for the use thereof. The tentative initial Staging Area is shown on Exhibit C. Notwithstanding the foregoing, Tenant shall accept the Staging Area so designated by Landlord in its "as-is where-is condition", with all faults, it being agreed that Landlord shall not be required to perform any work or expend any sums to ready the Staging Area for Tenant's use. Tenant's use of the Staging Area shall be at Tenant's sole risk. The use of the Staging Area shall not interfere with the use and enjoyment of the Property or the Building by Landlord, or any tenants, occupants, guests or invitees thereof, nor interfere with any work being performed by or on behalf of Landlord in and around the Property or the Building. Landlord reserves the right to change the location of any previously designated Staging Area to a new location within reasonable proximity to the Leased Premises, upon five (5) days notice to Tenant, and all costs and expenses of moving and relocating shall be borne by Tenant. At the end of the Construction Period (or any earlier cessation of the use of the Staging Area by Tenant, Tenant shall promptly remove (and/or cause its Contractors to promptly remove), all vehicles, equipment, machinery, materials, debris and all other personal property on or prior to said date, so that the Staging Area is left in the same condition as existed as of the date upon which Tenant's use thereof commenced.