Common use of Design Drawings Clause in Contracts

Design Drawings. 10.2.1 Design & Drawings shall be developed in conformity with the Specifications & Standards set forth in Schedule-D. In the event, the Contractor requires any relaxation in design standards due to restricted Right of Way in any section or unforeseen issues, the alternative design criteria for such section shall be provided for review/approval of the Authority Engineer. 10.2.2 The Contractor shall appoint a proof checking consultant at its cost (the “Proof Consultant”) after proposing to the Authority a panel of 3 (three) names of qualified, reputed and experienced firms and Authority will select one Proof Consultant from the above panel, provided, however, that if none of the name proposed in the panel isacceptable to the Authority and the reasons for the same are furnished to the Contractor, the Contactor shall propose to the Authority a revised panel of 3 (three) more names for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority for two key personnel of the Proof Consultant who shall have adequate experience and qualifications with respect to the main components of the Railway Project. The Authority shall, within 30 (thirty) days of receiving a panel from the Contractor, either convey its decision with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Proof Consultant of its own choice. For the avoidance of doubt, the Parties agree that no firm or person having any conflict of interest shall be engaged for this purpose. The Parties further agree that any assignments completed at least three years prior to the appointment hereunder shall not be reckoned for the purposes of conflict of interest. 10.2.3 The Proof Consultant shall: (a) evolve a systems approach with the Design Director so as to minimise the time required for approval of final designs and construction drawings; and (b) examine the designs expeditiously and wherever necessary raise observations/ seek clarifications, etc as deemed appropriate and refer back the drawings within 15 days for rectifications/clarifications, and finally proof check & endorse/counter- sign the detailed calculations, drawings & designs, which have been approved by the Design Director. 10.2.4 In respect of route control chart, the following shall apply: i) The Contractor shall prepare and submit to the Authority Engineer all route control charts conforming to the ESP/SIPs, within a period 3 (three) months from the Appointed Date; ii) The Authority Engineer shall review the route control chart within 2 (two) weeks and submit it with its comments to the Authority for its approval; and iii) The Authority shall communicate the route control chart as approved by it within a period not exceeding 2 (two) months from the date of submission of the route control chart by the Contractor. Such period of two months shall exclude any time that is taken by the Contractor in providing clarifications or modifications in response to any communication from the Authority. 10.2.5 In the event of delay by the Contractor in submitting route control chart, as the case may be, within the period specified in Clause 10.2.4 for any reason other than Force Majeureor the delay attributable to the Authority, the Contractor shall pay Damages to the Authorityin a sum equal to 0.001% (zero point zero zero one percent) of the Contract Price for eachday of delay.

Design Drawings. 10.2.1 Design & Drawings shall be developed in conformity with Seller will prepare and provide design documents for the Specifications & Standards set forth in Schedule-D. In Project. Seller will ensure the event, the Contractor requires any relaxation in design standards due to restricted Right of Way in any section or unforeseen issues, the alternative design criteria for such section shall be provided for review/approval and engineering of the Authority Engineer. 10.2.2 The Contractor shall appoint a proof checking consultant at its cost (the “Proof Consultant”) after proposing to the Authority a panel of 3 (three) names of qualified, reputed and experienced firms and Authority will select one Proof Consultant from the above panel, provided, however, that if none Project meets all requirements of the name proposed in the panel isacceptable to the Authority physical, environmental, and the reasons for the same are furnished to the Contractor, the Contactor shall propose to the Authority a revised panel of 3 (three) more names for obtaining the consent geographical characteristics of the Authority. The Contractor shall also obtain the consent of the Authority for two key personnel of the Proof Consultant who shall have adequate experience and qualifications with respect to the main components of the Railway Project. The Authority shall, within 30 (thirty) days of receiving a panel from the Contractor, either convey its decision with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Proof Consultant of its own choice. For the avoidance of doubt, the Parties agree that no firm or person having any conflict of interest shall be engaged for this purpose. The Parties further agree that any assignments completed at least three years prior to the appointment hereunder shall not be reckoned for the purposes of conflict of interestSite. 10.2.3 The Proof Consultant shall: (a) evolve Seller shall at all times keep a systems approach copy of the most recent version of the EPC Contractor’s drawings and manuals at Seller’s office to be made available for Buyer’s review. In addition, Seller shall provide and make available to Buyer electronic versions of the EPC Contractor’s drawings and manuals accessible through a secure file transfer protocol site to be maintained by Seller. The final design documents shall be in sufficient detail to accurately represent the Project, its appurtenances and the above-ground facilities thereof (including the gate station), as constructed, and shall include all of the information required by and be in accordance with the Design Director so as to minimise the time required for approval of final designs and construction drawings; andPurchaser Requirements. (b) examine No later than thirty (30) days prior to Final Completion, Seller shall provide Buyer with initial drafts of the designs expeditiously final EPC Contractor drawings and wherever necessary raise observations/ seek clarificationsmanuals for review (the “Draft Manuals”). Seller shall provide to Buyer both hard and electronic final copies of the Draft Manuals. Seller shall provide such copies within five (5) days after achievement of Substantial Completion. Buyer will not be required to deliver the Certificate of Final Completion until all Final Manuals have been delivered pursuant to Section 5.3(j)(x). (c) Seller shall submit to Buyer (i) thirty percent (30%) systems designs, etc as deemed appropriate and refer back the drawings within 15 days for rectifications/clarifications(ii) sixty percent (60%) systems designs, and finally proof check & endorse/counter- sign the detailed calculations, drawings & (iii) ninety percent (90%) systems designs, and after each such submittal Buyer shall have an opportunity to review such designs and provide comments within fifteen (15) Business Days of receipt. Seller shall make a reasonable effort to incorporate any such comments, and shall provide Buyer ●fifteen (15) Business Days to review and provide comments to Seller’s designs in advance of construction of the Project. Any disagreements between Seller and Buyer regarding designs shall be resolved through discussions in good faith, failing which the Parties shall use the dispute resolution mechanism provided in Section 13.2 of this Agreement. (d) Seller shall provide to Buyer both hard and electronic final copies of all technical deliverables set forth in Exhibit N hereto (the “Technical Deliverables”). Seller shall provide such copies within five (5) days after achievement of Substantial Completion . Buyer will not be required to deliver the Certificate of Final Completion (as defined below) until all Technical Deliverables have been approved by the Design Directorso delivered. 10.2.4 In respect of route control chart, the following shall apply: i) The Contractor shall prepare and submit to the Authority Engineer all route control charts conforming to the ESP/SIPs, within a period 3 (three) months from the Appointed Date; ii) The Authority Engineer shall review the route control chart within 2 (two) weeks and submit it with its comments to the Authority for its approval; and iii) The Authority shall communicate the route control chart as approved by it within a period not exceeding 2 (two) months from the date of submission of the route control chart by the Contractor. Such period of two months shall exclude any time that is taken by the Contractor in providing clarifications or modifications in response to any communication from the Authority. 10.2.5 In the event of delay by the Contractor in submitting route control chart, as the case may be, within the period specified in Clause 10.2.4 for any reason other than Force Majeureor the delay attributable to the Authority, the Contractor shall pay Damages to the Authorityin a sum equal to 0.001% (zero point zero zero one percent) of the Contract Price for eachday of delay.

Design Drawings. 10.2.1 Design & Drawings shall be developed in conformity with the Specifications & Standards set forth in Schedule-D. In the event, the Contractor requires any relaxation in design standards due to restricted Right of Way in any section or unforeseen issues, the alternative design criteria for such section shall be provided for review/approval of the Authority Engineer. 10.2.2 The Contractor shall appoint a proof checking consultant at its cost (the “Proof Consultant”) after proposing to the Authority a panel of 3 (three) names of qualified, reputed and experienced firms and Authority will select one Proof Consultant from the above panel, provided, however, that if none of the name proposed in the panel isacceptable to the Authority and the reasons for the same are furnished to the Contractor, the Contactor shall propose to the Authority a revised panel of 3 (three) more names for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority for two key personnel of the Proof Consultant who shall have adequate experience and qualifications with respect to the main components of the Railway Project. The Authority shall, within 30 (thirty) days of receiving a panel from the Contractor, either convey its decision with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Proof Consultant of its own choice. For the avoidance of doubt, the Parties agree that no firm or person having any conflict of interest shall be engaged for this purpose. The Parties further agree that any assignments completed at least three years prior to the appointment hereunder shall not be reckoned for the purposes of conflict of interest. 10.2.3 The Proof Consultant shall: (a) evolve a systems approach with the Design Director so as to minimise the time required for approval of final designs and construction drawings; and (b) examine the designs expeditiously and wherever necessary raise observations/ seek clarifications, etc as deemed appropriate and refer back the drawings within 15 days for rectifications/clarifications, and finally proof check & endorse/counter- sign the detailed calculations, drawings & designs, which have been approved by the Design Director. 10.2.4 In respect of route control chartthe Concessionaire’s obligations relating to the design and Drawings of the Project, the following shall apply: ia) The Contractor Concessionaire shall prepare and submit to submit, with reasonable promptness and in such sequence as is consistent with the Authority Engineer Project Completion Schedule, three copies each of all route control charts conforming to the ESP/SIPs, within a period 3 (three) months from the Appointed Date; ii) The Authority Engineer shall review the route control chart within 2 (two) weeks and submit it with its comments Drawings to the Authority for its approval; andreview; iiib) The Authority shall communicate By submitting the route control chart as approved by it within a period not exceeding 2 (two) months from the date of submission of the route control chart by the Contractor. Such period of two months shall exclude any time that is taken by the Contractor in providing clarifications or modifications in response to any communication from the Authority. 10.2.5 In the event of delay by the Contractor in submitting route control chart, as the case may be, within the period specified in Clause 10.2.4 Drawings for any reason other than Force Majeureor the delay attributable review to the Authority, the Contractor Concessionaire shall pay Damages be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, are in conformity with the Specifications and Standards; c) Within 14 (fourteen) days of the receipt of the Drawings, the Authority shall review the same and convey its observations to the Authorityin a sum equal Concessionaire with particular reference to 0.001% (zero point zero zero one percent) their conformity or otherwise with the Scope of the Contract Price Project and the Specifications and Standards; d) No review and/or observation of the Authority or his representative, and/or its failure to review and/or convey observations on any drawings / design shall relieve the Concessionaire of its obligations and liabilities under the Agreement in any manner nor shall the Authority or his representative be liable for eachday the same in any manner; e) Any change in the basic design and structure of delaythe Public Toilet is subject to approval of the same by the Authority. The Authority shall permit the changes if it is satisfied that the changes are going to benefit the Project; and f) Within 30 (thirty) days of the Project Completion Date, the Concessionaire shall furnish to the Authority and its representative if any, a complete set of as-built Drawings, in 2 (two) hard copies and in such other medium as may be acceptable to the Authority, reflecting the Project as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Public Toilet and setback lines, if any, of the buildings and structures forming part of Project Facilities.