Common use of Detailed Project Report Clause in Contracts

Detailed Project Report. In respect of the Concessionaire’s obligations relating to the Detailed Project Report of the Project as set forth in Schedule-I, the following shall apply: a) The Concessionaire shall, at its cost, charges and expenses, prepare or cause preparation and submit within 60 (sixty) days of the Effective Date, with reasonable promptness the Detailed Project Report, Designs and Drawings for the Project Facilities in such sequence as is consistent with the Project Completion Schedule, 3 (three) copies each of all the documents to the Authority/Independent Engineer for review. b) The DPR shall, inter alia, set out the full details of the developmental activities proposed to be carried out by the Concessionaire for implementation of the Project, proposed order, sequence and method of working, the steps, procedures and processes undertaken and to be undertaken by the Concessionaire, the Project Completion Schedule with the Project Milestones, detailed schedule bar charts / PERT networks with milestone dates, master plan and building plan of the Project, including the site development, proposed construction activities, names of likely Sub- contractors/vendors etc., plans for mobilization of finances, proposed arrangements for operating and managing the Project, the organization chart of the Concessionaire and such other similar details which define and clarify the method and direction of the Concessionaire's plans for the implementation of the Project; c) By submitting the Detailed Project Report, Designs and Drawings for review to the Authority/ Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the Detailed Project Report, Designs and Drawings are in conformity with the Scope of the Project, Specifications and Standards, Applicable Laws and Good Industry Practice. d) Within 15 (fifteen) days of the receipt of the Detailed Project Report, Designs and Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. e) If the aforesaid observations of the Authority/ Independent Engineer indicate that the Detailed Project Report, Designs and Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such documents shall be revised by the Concessionaire and resubmitted to the Authority/ Independent Engineer for review. The Authority/ Independent Engineer shall give its observations, if any, within 21 (twenty-one) days of receipt of the revised documents. f) No review and/or observation of the Authority/ Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall not relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority be liable for the same in any manner. g) The project development guidelines which may be considered by the Authority with respect to the ecosystem of the project surrounding area shall be incorporated by the Concessionaire. h) Without prejudice to the foregoing provisions of this Clause 14.3, the Concessionaire shall submit to the Authority for its information, its Detailed Project Report, Designs and Drawings. The Authority shall respond within 30 (thirty) days of the receipt of such documents. The Concessionaire will be obliged to make changes, if any, as suggested by the Authority. The provisions of this Clause 14.3 shall apply mutatis mutandis to the review and comments hereunder. i) Within 90 (ninety) days of COD, the Concessionaire shall furnish to the Authority and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in CD/DVD or in such other medium as may be acceptable to the Authority, reflecting the Project/Project Facilities as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Project Facilities and setback lines, if any, of the buildings and structures forming part of the Project Facilities. j) The Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the DPR, Designs and Drawings. Provided however the Authority may suitably extend the Construction Period or provide other relief to compensate for any such delay not attributable to the Concessionaire and which has a Material Adverse Effect. k) The Concessionaire shall not change any DPR, Designs and Drawings, specifications and calculations approved by the Independent Engineer and the Authority under this Agreement, without the prior written consent of the Authority. l) The Concessionaire shall obtain sanction to the building plans for the Project Facilities, with necessary designs, plans and specifications, as necessary to commence and undertake construction, from the proper municipal/local bodies/State or Central Government departments or Authority, at its own expense. m) At any time during the Concession Period, the Concessionaire shall not revise the DPR, Designs and Drawings, including expansion of existing Project Facilities/develop additional Project Facilities as permitted under the provisions of this Agreement, without the prior approval of the Authority.

Detailed Project Report. In respect of (i) Within [•] months from the Concessionaire’s obligations relating to the Detailed Project Report of the Project as set forth in Schedule-I, the following shall apply: a) The Concessionaire shall, at its cost, charges and expenses, prepare or cause preparation and submit within 60 (sixty) days of the Effective Execution Date, with reasonable promptness the Detailed Project Report, Designs and Drawings for the Project Facilities in such sequence as is consistent with the Project Completion Schedule, 3 (three) copies each of all the documents to the Authority/Independent Engineer for review. b) The DPR shall, inter alia, set out the full details of the developmental activities proposed to be carried out by the Concessionaire for implementation of the Project, proposed order, sequence and method of working, the steps, procedures and processes undertaken and to be undertaken by the Concessionaire, the Project Completion Schedule with the Project Milestones, detailed schedule bar charts / PERT networks with milestone dates, master plan and building plan of the Project, including the site development, proposed construction activities, names of likely Sub- contractors/vendors etc., plans for mobilization of finances, proposed arrangements for operating and managing the Project, the organization chart of the Concessionaire and such other similar details which define and clarify the method and direction of the Concessionaire's plans for the implementation of the Project; c) By submitting the Detailed Project Report, Designs and Drawings for review to the Authority/ Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined prepare and verified that the Detailed Project Report, Designs and Drawings are in conformity with the Scope of the Project, Specifications and Standards, Applicable Laws and Good Industry Practice. d) Within 15 (fifteen) days of the receipt of the Detailed Project Report, Designs and Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. e) If the aforesaid observations of the Authority/ Independent Engineer indicate that the Detailed Project Report, Designs and Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such documents shall be revised by the Concessionaire and resubmitted to the Authority/ Independent Engineer for review. The Authority/ Independent Engineer shall give its observations, if any, within 21 (twenty-one) days of receipt of the revised documents. f) No review and/or observation of the Authority/ Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall not relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority be liable for the same in any manner. g) The project development guidelines which may be considered by the Authority with respect to the ecosystem of the project surrounding area shall be incorporated by the Concessionaire. h) Without prejudice to the foregoing provisions of this Clause 14.3, the Concessionaire shall submit to the Authority for its information, its Detailed Project Report, Designs and Drawings. The Authority shall respond within 30 (thirty) days of the receipt of such documents. The Concessionaire will be obliged to make changes, if any, as suggested by the Authority. The provisions of this Clause 14.3 shall apply mutatis mutandis to the review and comments hereunder. i) Within 90 (ninety) days of COD, the Concessionaire shall furnish to the Authority and the Independent Engineer a complete DPR in accordance with the requirements set out in Schedule [•]. The DPR shall include details of as-built Drawingsthe Proposed Technology, demand assessment, technical feasibility, detailed cost estimates, capital investment plan, project financing details, revenue projections and financial analysis. (ii) The Authority and the Independent Engineer shall review and provide comments, if any, on the draft DPR to the Concessionaire or notify the Concessionaire of their approval of the draft DPR within [60 (sixty)] days from the date of receipt of the draft DPR from the Concessionaire. The Authority may require the Concessionaire to amend or modify the draft DPR if the Authority or the Independent Engineer identifies any deficiencies or shortcomings in 2 the draft DPR. If the Concessionaire receives any comments, suggestions or instructions to modify the draft DPR (twoincluding any plan included within the DPR) from the Authority or the Independent Engineer, then the Concessionaire shall incorporate the suggestions made the Authority and the Independent Engineer and modify the draft DPR to address any such comments, shortcomings or deficiencies identified by the Authority and the Independent Engineer. Thereafter, the Concessionaire shall submit the revised DPR to the Authority and the Independent Engineer for their approval. The process set out in this Clause 14.2(a)(ii) shall continue until the DPR is approved by the Authority and the Independent Engineer in accordance with this Clause 14.2(a)(ii). Within [7 (seven)] days from the approval of the DPR, the Concessionaire shall submit [4 (four)] hard copies and in CD/DVD or in such other medium as may be acceptable [1 (one)] soft copy on a USB drive of the DPR to the Authority. (iii) The Concessionaire shall design, reflecting engineer and construct the Project/Project Facilities as actually designed, engineered and constructed, including strictly in accordance with the approved DPR. The Concessionaire shall not deviate from or make any subsequent modification or amendment to the approved DPR without the prior written approval of the Authority. Provided that the Authority shall not unreasonably withhold such approval if the proposed modification or amendment to the DPR does not result in an as-built survey illustrating extension of the layout Scheduled COD. The Concessionaire shall not commence construction of any part of the Project Facilities and setback lines, if any, prior to approval of the buildings and structures forming part DPR in accordance with this Clause 14.2(a). (iv) Notwithstanding any approval of the Project Facilities. j) The DPR by the Authority, the Concessionaire shall, subject to Clause 14.7(b), be solely liable for achieving the COD by the Scheduled COD. Subject to Clause 14.7(b), the Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or and/or costs incurred in resubmitting the DPR, Designs and Drawings. Provided however the Authority may suitably extend the Construction Period or provide other relief to compensate for any such delay not attributable to the Concessionaire and which has a Material Adverse Effect. k) The Concessionaire shall not change any DPR, Designs and Drawings, specifications and calculations approved by the Independent Engineer and the Authority under this Agreement, without the prior written consent preparation of the Authority. l) The Concessionaire shall obtain sanction to DPR and complying with the building plans for the Project Facilities, with necessary designs, plans and specifications, as necessary to commence and undertake construction, from the proper municipal/local bodies/State or Central Government departments or Authority, at its own expense. m) At any time during the Concession Period, the Concessionaire shall not revise the DPR, Designs and Drawings, including expansion of existing Project Facilities/develop additional Project Facilities as permitted under the provisions requirements of this Agreement, without the prior approval of the AuthorityClause 14.2(a).

Detailed Project Report. In respect of (i) Within [4(four)] months from the Concessionaire’s obligations relating to the Detailed Project Report of the Project as set forth in Schedule-I, the following shall apply: a) The Concessionaire shall, at its cost, charges and expenses, prepare or cause preparation and submit within 60 (sixty) days of the Effective Execution Date, with reasonable promptness the Detailed Project Report, Designs and Drawings for the Project Facilities in such sequence as is consistent with the Project Completion Schedule, 3 (three) copies each of all the documents to the Authority/Independent Engineer for review. b) The DPR shall, inter alia, set out the full details of the developmental activities proposed to be carried out by the Concessionaire for implementation of the Project, proposed order, sequence and method of working, the steps, procedures and processes undertaken and to be undertaken by the Concessionaire, the Project Completion Schedule with the Project Milestones, detailed schedule bar charts / PERT networks with milestone dates, master plan and building plan of the Project, including the site development, proposed construction activities, names of likely Sub- contractors/vendors etc., plans for mobilization of finances, proposed arrangements for operating and managing the Project, the organization chart of the Concessionaire and such other similar details which define and clarify the method and direction of the Concessionaire's plans for the implementation of the Project; c) By submitting the Detailed Project Report, Designs and Drawings for review to the Authority/ Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined prepare and verified that the Detailed Project Report, Designs and Drawings are in conformity with the Scope of the Project, Specifications and Standards, Applicable Laws and Good Industry Practice. d) Within 15 (fifteen) days of the receipt of the Detailed Project Report, Designs and Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. e) If the aforesaid observations of the Authority/ Independent Engineer indicate that the Detailed Project Report, Designs and Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such documents shall be revised by the Concessionaire and resubmitted to the Authority/ Independent Engineer for review. The Authority/ Independent Engineer shall give its observations, if any, within 21 (twenty-one) days of receipt of the revised documents. f) No review and/or observation of the Authority/ Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall not relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority be liable for the same in any manner. g) The project development guidelines which may be considered by the Authority with respect to the ecosystem of the project surrounding area shall be incorporated by the Concessionaire. h) Without prejudice to the foregoing provisions of this Clause 14.3, the Concessionaire shall submit to the Authority for its information, its Detailed Project Report, Designs and Drawings. The Authority shall respond within 30 (thirty) days of the receipt of such documents. The Concessionaire will be obliged to make changes, if any, as suggested by the Authority. The provisions of this Clause 14.3 shall apply mutatis mutandis to the review and comments hereunder. i) Within 90 (ninety) days of COD, the Concessionaire shall furnish to the Authority and the Independent Engineer a complete DPR in accordance with the requirements set out in Schedule [•]. The DPR shall include details of as-built Drawingsthe Proposed Technology, mass and energy balances, tentative equipment list (including evacuation infrastructure until the Interconnection Point), demand assessment, technical feasibility, process flow diagrams, process and instrumentation diagram, order of magnitude costs and detailed cost estimates, capital investment plan, project financing details, revenue projections and financial analysis. (ii) The Authority and the Independent Engineer shall review and provide comments, if any, on the draft DPR to the Concessionaire or notify the Concessionaire of their approval of the draft DPR within [60 (sixty)] days from the date of receipt of the draft DPR from the Concessionaire. The Authority may require the Concessionaire to amend or modify the draft DPR if the Authority or the Independent Engineer identifies any deficiencies or shortcomings in 2 the draft DPR. If the Concessionaire receives any comments, suggestions or instructions to modify the draft DPR (twoincluding any plan included within the DPR) from the Authority or the Independent Engineer, then the Concessionaire shall incorporate the suggestions made the Authority and the Independent Engineer and modify the draft DPR to address any such comments, shortcomings or deficiencies identified by the Authority and the Independent Engineer. Thereafter, the Concessionaire shall submit the revised DPR to the Authority and the Independent Engineer for their approval. The process set out in this Clause 14.2(b)(ii) shall continue until the DPR is approved by the Authority and the Independent Engineer in accordance with this Clause 14.2(b)(ii). Within [7 (seven)] days from the approval of the DPR, the Concessionaire shall submit [4 (four)] hard copies and in CD/DVD or in such other medium as may be acceptable [1 (one)] soft copy on a USB drive of the DPR to the Authority. (iii) The Concessionaire shall design, reflecting engineer and construct the Project/Project Facilities as actually designed, engineered and constructed, including strictly in accordance with the approved DPR. The Concessionaire shall not deviate from or make any subsequent modification or amendment to the approved DPR without the prior written approval of the Authority. Provided that the Authority shall not unreasonably withhold such approval if the proposed modification or amendment to the DPR does not result in an as-built survey illustrating extension of the layout Scheduled COD. The Concessionaire shall not commence construction of any part of the Project Facilities and setback lines, if any, prior to approval of the buildings and structures forming part DPR in accordance with this Clause 14.2(b). (iv) Notwithstanding any approval of the Project Facilities. j) The DPR by the Authority, the Concessionaire shall, subject to Clause 14.7(b), be solely liable for achieving the COD by the Scheduled COD. Subject to Clause 14.7(b), the Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or and/or costs incurred in resubmitting the DPR, Designs and Drawings. Provided however the Authority may suitably extend the Construction Period or provide other relief to compensate for any such delay not attributable to the Concessionaire and which has a Material Adverse Effect. k) The Concessionaire shall not change any DPR, Designs and Drawings, specifications and calculations approved by the Independent Engineer and the Authority under this Agreement, without the prior written consent preparation of the Authority. l) The Concessionaire shall obtain sanction to DPR and complying with the building plans for the Project Facilities, with necessary designs, plans and specifications, as necessary to commence and undertake construction, from the proper municipal/local bodies/State or Central Government departments or Authority, at its own expense. m) At any time during the Concession Period, the Concessionaire shall not revise the DPR, Designs and Drawings, including expansion of existing Project Facilities/develop additional Project Facilities as permitted under the provisions requirements of this Agreement, without the prior approval of the AuthorityClause 14.2(b).