Damage due to accident. 13.11.1 The Operator shall be liable for any damage to the Bus on account of accidents. The Operator agrees that it shall undertake repair and rectification of such damaged Bus such that the Bus conforms to the Specifications and Standards, to the satisfaction of the Authority. 13.11.2 The Operator agrees that the Authority shall not be responsible for any liability arising out of any civil or criminal proceedings instituted by affected parties, as a result of such accident of the Bus and the Operator agrees that it shall keep the Authority indemnified against any third- party claims arising from such accidents. 13.11.3 The Operator shall notify the relevant Government Instrumentalities and the Authority of any accidents verbally, within [1 (one)] hour of its occurrence followed by a written notice and in the event, such accident involves any fatality, the Operator shall intimate such accident verbally within 5 (five) minutes of the occurrence of such accident, followed by a written notice. Where any persons involved in the accident have suffered injuries, the Operator shall co-ordinate with the relevant Government Instrumentalities to ensure timely medical help and treatment. The Authority shall provide reasonable assistance support to the Operator on best efforts basis. 13.11.4 In the event of an accident of a Bus leading to its complete destruction, such that the Bus cannot be repaired and operated in normal circumstances, and is rendered inoperable, the Operator shall replace such damaged Bus with a new Bus of such make and model which meets the Specifications and Standards and as acceptable to the Authority. The Operator agrees that any Bus brought as a replacement to a damaged Bus in accordance with this Clause 13.11.4 shall be used in the Service for the remaining Contract Period.
Appears in 2 contracts
Samples: Model Concession Agreement, Model Concession Agreement
Damage due to accident. 13.11.1 10.8.1 Any damage(s) arising to the Bus due to an accident of the Bus shall be the liability of the Operator. The Operator shall be liable for any damage to the Bus on account of accidents. The Operator agrees that it shall undertake ensure repair and rectification of such damaged damaged/ accidental Bus such that the Bus conforms to the Specifications and Standards, to the satisfaction of the Authority.;
13.11.2 10.8.2 The Operator clearly understands and agrees that the Authority shall not be responsible for any consequences/liability arising out of any civil or criminal proceedings instituted by the affected parties, parties as a result of such accident of the Bus and the Operator agrees that it shall keep the Authority fully indemnified against any third- party claims arising from such accidents.in this regard;
13.11.3 10.8.3 The Operator shall notify the relevant Government Instrumentalities and the Authority of any accidents verbally, about such accident within [1 (one)] ) hour of its occurrence followed by a written notice and in the event, such accident involves any fatality, the Operator shall remain bound to intimate such accident verbally within 5 (five) minutes minutes, the relevant authorities and persons/ officials of the occurrence Authority and if permitted by the concerned authorities make adequate arrangements for effective towing away/ removing of such accident, followed by a written noticethe affected Bus from the spot. Where any persons involved in the accident have suffered injuries, the Operator shall co-ordinate with the relevant Government Instrumentalities medical authorities, police, etc. to ensure timely medical help and treatment. The Authority shall provide reasonable assistance support to the Operator on best efforts basis.
13.11.4 10.8.4 In the event of an accident of a Bus leading to its complete destruction, such that the Bus cannot be repaired and operated in normal circumstances, and is rendered inoperable, the Operator shall will be required to replace such the damaged Bus with a another new Bus of such make and model which meets the Specifications and Standards and as acceptable to the Authority. The Operator agrees that any period of Contract for such replaced Bus brought as a replacement to a damaged Bus in accordance with this Clause 13.11.4 shall be used in concurrent with the Service for balance period of the remaining Contract PeriodBus it has replaced.
Appears in 2 contracts
Samples: City Bus Private Operation Contract, City Bus Private Operation Contract
Damage due to accident. 13.11.1 The Operator shall be liable for any damage to the Bus on account of accidents. The Operator agrees that it shall undertake repair and rectification of such damaged Bus such that the Bus conforms to the Specifications and Standards, to the satisfaction of the Authority.
13.11.2 The Operator agrees that the Authority shall not be responsible for any liability arising out of any civil or criminal proceedings instituted by affected parties, as a result of such accident of the Bus and the Operator agrees that it shall keep the Authority indemnified against any third- party thirdparty claims arising from such accidents.
13.11.3 The Operator shall notify the relevant Government Instrumentalities and the Authority of any accidents verbally, within [1 (one)] hour of its occurrence followed by a written notice and in the event, such accident involves any fatality, the Operator shall intimate such accident verbally within 5 (five) minutes of the occurrence of such accident, followed by a written notice. Where any persons involved in the accident have suffered injuries, the Operator shall co-ordinate with the relevant Government Instrumentalities to ensure timely medical help and treatment. The Authority shall provide reasonable assistance support to the Operator on best efforts basis.
13.11.4 In the event of an accident of a Bus leading to its complete destruction, such that the Bus cannot be repaired and operated in normal circumstances, and is rendered inoperable, the Operator shall replace such damaged Bus with a new Bus of such make and model which meets the Specifications and Standards and as acceptable to the Authority. The Operator agrees that any Bus brought as a replacement to a damaged Bus in accordance with this Clause 13.11.4 shall be used in the Service for the remaining Contract Period.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Damage due to accident. 13.11.1 The Operator shall be liable for any damage to the Bus on account of accidents. The Operator agrees that it shall undertake repair and rectification of such damaged Bus such that the Bus conforms to the Specifications and Standards, to the satisfaction of the Authority.
13.11.2 The Operator agrees that the Authority shall not be responsible for any liability arising out of any civil or criminal proceedings instituted by affected parties, as a result of such accident of the Bus and the Operator agrees that it shall keep the Authority indemnified against any third- third-party claims arising from such accidents.
13.11.3 The Operator shall notify the relevant Government Instrumentalities and the Authority of any accidents verbally, within [1 (one)] ) hour of its occurrence followed by a written notice and in the event, such accident involves any fatality, the Operator shall intimate such accident verbally within 5 (five) minutes of the occurrence of such accident, followed by a written notice. Where any persons involved in the accident have suffered injuries, the Operator shall co-ordinate with the relevant Government Instrumentalities Governmental instrumentalities to ensure timely medical help and treatment. The Authority shall provide reasonable assistance support to the Operator on best efforts basis.
13.11.4 In the event of an accident of a Bus leading to its complete destruction, such that the Bus cannot be repaired and operated in normal circumstances, and is rendered inoperable, the Operator shall replace such damaged Bus with a new Bus of such make and model which meets the Specifications and Standards and as acceptable to the Authority. The Operator agrees that any Bus brought as a replacement to a damaged Bus in accordance with this Clause 13.11.4 shall be used in the Service for the remaining Contract Period.
a. In place of inoperable bus, new e-bus shall be replaced within 30 days.
Appears in 1 contract
Samples: Concession Agreement