Defects Liability After Termination. 94 29.1 Liability for defects after Termination 94
Defects Liability After Termination. Liability for defects after Termination The Concessionaire shall be responsible for all defects and deficiencies in the Storage Facility for a period of 120 (One hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Expert in the Storage Facility during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Authority in this behalf, the Authority shall be entitled to get the same repaired or rectified at the Concessionaire’s risk and cost so as to make the Storage Facility conform to the Maintenance Requirements. All costs incurred by the Authority hereunder shall be reimbursed by the Concessionaire to the Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Authority shall be entitled to recover the same from the Escrow Account.
Defects Liability After Termination. Liability for defects after Termination The Concessionaire shall be responsible for all defects and deficiencies in the Project Highway for a period of 120 (One hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer in the Project Highway during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Authority in this behalf, the Authority shall be entitled to get the same repaired or rectified at the Concessionaire’s risk and cost so as to make the Project Highway conform to the Maintenance Requirements. All costs incurred by the Authority hereunder shall be reimbursed by the Concessionaire to the Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Authority shall be entitled to recover the same from the Escrow Account.
Defects Liability After Termination. 28.1. Liability for defects after Termination
Defects Liability After Termination. 116 39.1 Liability for defects after Termination .......................................................... 116 39.2 Retention ....................................................................................................... 116 PART VI ............................................................................................................................... 117
Defects Liability After Termination. (a) We understand the Operator shall be liable for defects after termination only if it is caused by its negligence, fault or if it is part of its duties according to Maintenance Manual. Is our understanding correct? (art 27.1) (b) We understand that after termination of the contract, SPV shall retain: The Hand Back security, the Performance security (until the vesting certificate) and one-year rent on the escrow account. Is there any room to rationalize the security kept by the SPV and to frame the timeline in order to release these securities? (art 27.2) (a) Please refer to Corrigendum No. 1 dated November 17, 2017. (b) The OSA remains unchanged.
Defects Liability After Termination. 21.1 Liability for defects after Termination The Concessionaire shall be responsible for all defects and deficiencies in the Trauma Centre for a period of 90 (ninety) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Concessioning Authority in the Trauma Centre during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire’s risk and cost so as to make the Trauma Centre conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the O&M Performance Security.
Defects Liability After Termination. 36.1 Liability for defects after Termination 36.2 Retention in Escrow Account PART VI
Defects Liability After Termination. The WDO shall be responsible for all defects and deficiencies in the Washery and CPP or a cogeneration unit or any other unit at Site (if applicable) for a period of 365 (three hundred and sixty) Days after termination (“Defects Liability Period”), and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Authority during the aforesaid period. In case the WDO fails to repair or rectify such defect or deficiency within a period of 45 (forty-five) Days from the date of notice issued by the Authority in this behalf, the Authority shall be entitled to get the same repaired or rectified and the WDO shall reimburse the Authority to the full extent of costs incurred by the Authority on such repair and rectification within 30 (thirty) Days of receipt of demand thereof. Without prejudice to the foregoing, the Authority shall also be entitled to invoke the Performance Security as provided under Clause 11 in connection with such costs.
Defects Liability After Termination. 93 37.1 Liability for defects after Termination 93 PART VI - OTHER PROVISIONS 94 ARTICLE 38 ASSIGNMENT AND CHARGES 95 38.1 Restrictions on assignment and charges 95 38.2 Permitted assignment and charges 95 38.3 Substitution Agreement 95 38.4 Assignment by the Authority 96 ARTICLE 39 CHANGE IN LAW 97 39.1 Change in Law 97 ARTICLE 40 LIABILITY AND INDEMNITY 98 40.1 General Indemnity 98 40.2 Indemnity by the Concessionaire 98 40.3 Notice and contest of claims 99
