Common use of DESIGN AND CONSTRUCTION OF THE RAILWAY PROJECT Clause in Contracts

DESIGN AND CONSTRUCTION OF THE RAILWAY PROJECT. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Railway Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint a railway engineer (the “Authority’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a programme (the “Programme”) for construction of Works, developed using networking techniques and giving the following details: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-G into consideration in order to maximise the cash flow. However after award of work the Authority and Contractor may modify stage payment schedule in mutual consultation in order to facilitate cash flow.

DESIGN AND CONSTRUCTION OF THE RAILWAY PROJECT. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Railway Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint a railway an engineer (the “Authority’s Authority Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Authority Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Authority Engineer a programme programme/CPM Charts & Bar Charts (the “Programme”) for construction of Works, developed using networking techniques and giving the following details: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-G into consideration in order to maximise the cash flowflow and progress. However after award of work the Authority and Contractor Engineer may modify modify/break up any of the the stage payment schedule (payment milestones) during execution if the same is considered essential to speed up the progress or if the contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1.5 Procurement of items should be planned by the Contractor in mutual consultation with the Authority Engineer. Procurement plan should be prepared in order such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilised/consumed well before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to facilitate cash flowSpecifications at his own cost.

DESIGN AND CONSTRUCTION OF THE RAILWAY PROJECT. 10.1 11.1 Obligations prior to commencement of Works 10.1.1 11.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor Concessionaire shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the ContractorConcessionaire’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Railway Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 11.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint a railway engineer (the “Authority’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor Concessionaire the name, address and the date of appointment of the Authority’s Engineer forthwith. 10.1.3 11.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor Concessionaire shall submit to the Authority and the Authority’s Engineer a programme (the “Programme”) for construction of Works, developed using networking techniques and giving the following details: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-G into consideration in order to maximise the cash flow. However after award of work the Authority and Contractor may modify stage payment schedule in mutual consultation in order to facilitate cash flow.

DESIGN AND CONSTRUCTION OF THE RAILWAY PROJECT. 10.1 11.1 Obligations prior to commencement of Works 10.1.1 11.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor Concessionaire shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s Concessionaire‟s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials Materials needed for the Railway Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 11.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint a railway engineer (the “Authority’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor Concessionaire the name, address and the date of appointment of the Authority’s Authority‟s Engineer forthwith. 10.1.3 11.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor Concessionaire shall submit to the Authority and the Authority’s Authority‟s Engineer a programme (the “Programme”) for construction Construction of Works, developed using networking techniques and giving the following details: (a) the order in which the Contractor Concessionaire intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.211.2; and (c) the sequence and timing of inspections and tests Tests specified in this Agreement. The Contractor Concessionaire shall submit a revised programme Programme whenever the previous programme Programme is inconsistent with the actual progress or with the Contractor’s Concessionaire‟s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor Concessionaire stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor Concessionaire shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-G into consideration in order to maximise the cash flow. However after award of work the Authority and Contractor may modify stage payment schedule in mutual consultation in order to facilitate cash flow.

DESIGN AND CONSTRUCTION OF THE RAILWAY PROJECT. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twentyTwenty) days of the Appointed Date, the Contractor shall: (a) appoint Appoint its representative, duly authorised authorized to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint Appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake Undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make Make its own arrangements for quarrying and procurement of materials needed for the Railway Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint a railway an engineer (the “Authority’s Authority Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Authority Engineer forthwith. 10.1.3 Within 30 (thirtyThirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Authority Engineer a programme Programme/CPM Charts & Bar Charts (the “Programme”) for construction of Works, developed using networking techniques and giving the following details: (a) : Part IIProgramme for completion of all stages of construction given in Schedule- G and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-I. The Programme shall include: • the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) ; • the periods for reviews under Clause 10.2; and (c) and • the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Part IIIMonthly cash flow forecast for the Project Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-G into consideration in order to maximise maximize the cash flowflow and progress. However after award of work the Authority and Contractor Engineer may modify modify/break up any of the stage payment schedule (payment milestones) during execution if the same is considered essential to speed up the progress or if the contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in mutual consultation with the Authority Engineer. Procurement plan should be prepared in order such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed well before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to facilitate cash flowSpecifications at his own cost.

DESIGN AND CONSTRUCTION OF THE RAILWAY PROJECT. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Railway Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint a railway engineer (the “Authority’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a programme (the “Programme”) for construction of Works, developed using networking techniques and giving the following details: Part I Contractor’s organisation for the Project, the project execution plan indicating arrangements for design and construction i.e. engagement of design consultants, project phasing and sub-contracting etc., environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel, and equipment. Part II Programme for completion of all stages of construction given in Schedule-G and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-I. The Programme shall include: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan compute, on the project basis of the Drawings prepared in accordance with Clause 10.2.7, and provide to the Authority’s Engineer, the length, area and numbers, as the case may be, in respect of the various items of work by keeping specified in Schedule-G into consideration and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for estimating the interim payments for the Works in order accordance with the provisions of Clause 17.3. For the avoidance of doubt, the sum of payments to maximise be computed in respect of all the cash flow. However after award items of work shall not exceed the Authority and Contractor Contract Price, as may modify stage payment schedule be adjusted in mutual consultation in order to facilitate cash flowaccordance with the provisions of this Agreement.