Common use of Customs Clearance Clause in Contracts

Customs Clearance. (a) To expedite clearance by the Customs Authority of all plant and machinery imported into Bangladesh by the Company for incorporation into the Facility pursuant to this Section 7.2, the GOB (through BPDB) shall take all advance steps and issue such advance instructions and issue such certificates and documentation as may be necessary or reasonable under the circumstances to ensure such clearance. In particular, the GOB shall, not later than the fifteenth (15th) Business Day following the receipt from the Company of all information reasonably required by GOB regarding such plant and machinery, issue to the Customs Authority, with a copy to the Company, a certificate as provided in S.R.O. No. 73- Law/97/1700/Customs, dated 19 March 1997 (the “Clearance Certificate”), confirming that such plant and machinery are items which the Company may import without restriction and without payment of any Taxes, including Customs Duties and VAT. (b) If, notwithstanding compliance by GOB with Section 7.2(a), from and after the later of the date the Clearance Certificate is delivered to the appropriate Customs Authority and the date that any plant and machinery are available to the Customs Authority for inspection, the Company experiences more than fifteenth (15) Business Days delay in clearance by the Customs Authority of any such plant and machinery imported into Bangladesh, the GOB pursuant to this Section 7.2 shall take such steps or action or issue such documentation reasonable and appropriate under the circumstances to expedite such clearance. (c) If, following notice to BPDB in writing of a delay in clearance from customs of any equipment or machinery of a greater length than provided in Section 7.2(b), the Company experiences more than seven (7) Business Days of additional delay in clearance by the Customs Authority of any such plant and machinery imported by the Company into Bangladesh pursuant to this Section 7.2 or BPDB fails to issue to the Customs Authority the Clearance Certificate pursuant to Section 7.2(a) within the time period required therein, the Company shall be entitled to a Day-for-Day extension to the Required Commercial Operations Date.

Customs Clearance. (a) To expedite clearance by the Customs Authority of all plant and machinery imported into Bangladesh by the Company for incorporation installation into the Facility pursuant to this Section 7.27, the GOB (through BPDB) shall take all advance steps and issue such advance instructions and issue such certificates and documentation as may be necessary or reasonable under the circumstances to ensure such clearance. In particular, the GOB shall, not later than the fifteenth fifth (15th5th) Business Day following the receipt from the Company of all information reasonably required by the GOB regarding such plant and machinery, issue to the Customs Authority, with a copy to the Company, a certificate as provided in S.R.O. No. 73- Law/97/1700/Customs, dated 19 March 1997 (the “Clearance Certificate”), confirming that all such plant and machinery are items which the Company may import without restriction and without payment of any Taxes, including including, without limitation, Customs Duties and VAT. (b) If, notwithstanding compliance by the GOB with Section 7.2(a), from and after the later of the date the Clearance Certificate is delivered to the appropriate Customs Authority and the date that any plant and machinery are available to the Customs Authority for inspection, the Company experiences more than fifteenth 20 (15twenty) Business Days delay in clearance by the Customs Authority of any such plant and machinery imported into Bangladesh, the GOB (through BPDB) pursuant to this Section 7.2 shall take such steps or action or issue such documentation reasonable and appropriate under the circumstances to expedite such clearance. (c) If, following notice to BPDB in writing of a delay in clearance from customs of any equipment or machinery of a greater length than provided in Section 7.2(b), the Company experiences more than seven 7 (7seven) Business Days of additional delay in clearance by the Customs Authority of any such plant and machinery imported by the Company into Bangladesh pursuant to this Section 7.2 or BPDB fails to issue to the Customs Authority the Clearance Certificate pursuant to Section 7.2(a) within the time period required therein, the Company shall be entitled to a Day-for-Day extension to extension, commencing from the end of such 7 (seven) Business Day period or the Required Commercial Operations DateDate as applicable.

Customs Clearance. (a) To expedite clearance by the Customs Authority of all plant and machinery imported into Bangladesh by the Company for incorporation into the Facility pursuant to this Section 7.27, the GOB (through BPDB) shall take all advance steps and issue such advance instructions and issue such certificates and documentation as may be necessary or reasonable under the circumstances to ensure such clearance. In particular, the GOB shall, not later than the fifteenth fifth (15th5th) Business Day following the receipt from the Company of all information reasonably required by the GOB regarding such plant and machinery, issue to the Customs Authority, with a copy to the Company, a certificate as provided in S.R.O. No. 73- 73-Law/97/1700/Customs, dated 19 March 1997 (the “Clearance Certificate”), confirming that all such plant and machinery are items which the Company may import without restriction and without payment of any Taxes, including including, without limitation, Customs Duties and VAT. (b) If, notwithstanding compliance by the GOB with Section 7.2(a), from and after the later of the date the Clearance Certificate is delivered to the appropriate Customs Authority and the date that any plant and machinery are available to the Customs Authority for inspection, the Company experiences more than fifteenth twenty (1520) Business Days delay in clearance by the Customs Authority of any such plant and machinery imported into Bangladesh, the GOB (through BPDB) pursuant to this Section 7.2 shall take such steps or action or issue such documentation reasonable and appropriate under the circumstances to expedite such clearance. (c) If, following notice to BPDB in writing of a delay in clearance from customs of any equipment or machinery of a greater length than provided in Section 7.2(b), the Company experiences more than seven (7) Business Days of additional delay in clearance by the Customs Authority of any such plant and machinery imported by the Company into Bangladesh pursuant to this Section 7.2 or BPDB fails to issue to the Customs Authority the Clearance Certificate pursuant to Section 7.2(a) within the time period required therein, the Company shall be entitled to a Day-for-Day extension extension, commencing from the end of such seven (7) Business Day period, to the Required Commercial Operations Date.

Customs Clearance. (a) To expedite clearance by the Customs Authority of all plant and machinery imported into Bangladesh by the Company for incorporation installation into the Facility pursuant to this Section 7.27, the GOB (through BPDB) shall take all advance steps and issue such advance instructions and issue such certificates and documentation as may be necessary or reasonable under the circumstances to ensure such clearance. In particular, the GOB shall, not later than the fifteenth eigth (15th8th) Business Day following the receipt from the Company of all information reasonably required by the GOB regarding such plant and machinery, issue to the Customs Authority, with a copy to the Company, a certificate as provided in S.R.O. No. 73- Law/97/1700/Customs, dated 19 March 1997 (the “Clearance Certificate”), confirming that all such plant and machinery are items which the Company may import without restriction and without payment of any Taxes, including including, without limitation, Customs Duties and VAT. (b) If, notwithstanding compliance by the GOB with Section 7.2(a), from and after the later of the date the Clearance Certificate is delivered to the appropriate Customs Authority and the date that any plant and machinery are available to the Customs Authority for inspection, the Company experiences more than fifteenth 20 (15twenty) Business Days delay in clearance by the Customs Authority of any such plant and machinery imported into Bangladesh, the GOB (through BPDB) pursuant to this Section 7.2 shall take such steps or action or issue such documentation reasonable and appropriate under the circumstances to expedite such clearance. (c) If, following notice to BPDB in writing of a delay in clearance from customs of any equipment or machinery of a greater length than provided in Section 7.2(b), the Company experiences more than seven 7 (7seven) Business Days of additional delay in clearance by the Customs Authority of any such plant and machinery imported by the Company into Bangladesh pursuant to this Section 7.2 or BPDB fails to issue to the Customs Authority the Clearance Certificate pursuant to Section 7.2(a) within the time period required therein, the Company shall be entitled to a Day-for-Day extension to extension, commencing from the end of such 7 (seven) Business Day period or the Required Commercial Operations DateDate as applicable.

Customs Clearance. (a) To expedite clearance by the Customs Authority of all plant and machinery imported into Bangladesh by the Company for incorporation installation into the Facility pursuant to this Section 7.27, the GOB (through BPDB) shall take all advance steps and issue such advance instructions and issue such certificates and documentation as may be necessary or reasonable under the circumstances to ensure such clearance. In particular, the GOB shall, not later than the fifteenth fifth (15th5th) Business Day following the receipt from the Company of all information reasonably required by the GOB regarding such plant and machinery, issue to the Customs Authority, with a copy to the Company, a certificate as provided in S.R.O. No. 73- Law/97/1700/Customs, dated 19 March 1997 (the “Clearance Certificate”), confirming that all such plant and machinery are items which the Company may import without restriction and without payment of any Taxes, including including, without limitation, Customs Duties and VAT. (b) If, notwithstanding compliance by the GOB with Section 7.2(a), from and after the later of the date the Clearance Certificate is delivered to the appropriate Customs Authority and the date that any plant and machinery are available to the Customs Authority for inspection, the Company experiences more than fifteenth 20 (15twenty) Business Days delay in clearance by the Customs Authority of any such plant and machinery imported into Bangladesh, the GOB (through BPDB) pursuant to this Section 7.2 shall take such steps or action or issue such documentation reasonable and appropriate under the circumstances to expedite such clearance. (c) If, following notice to BPDB in writing of a delay in clearance from customs of any equipment or machinery of a greater length than provided in Section 7.2(b), the Company experiences more than seven 7 (7seven) Business Days of additional delay in clearance by the Customs Authority of any such plant and machinery imported by the Company into Bangladesh pursuant to this Section 7.2 or BPDB fails to issue to the Customs Authority the Clearance Certificate pursuant to Section 7.2(a) within the time period required therein, the Company shall be entitled to a Day-for-Day extension extension, commencing from the end of such 7 (seven) Business Day period, to the Required Simple Cycle Operation Date or the Required Commercial Operations DateDate (or both), as applicable.