Common use of Development of the Project Clause in Contracts

Development of the Project. 13.3.1 On or after the Appointed Date, the Concessionaire shall undertake augmentation of the District Hospital as specified in Schedule B, and in conformity with the Specifications and Standards set forth in Schedule C, including inter alia increase in the number of Beds and construction/development of Medical College (the “Development 13.3.2 The Concessionaire shall augment the District Hospital and construct/develop the Medical College in accordance with the Project Completion Schedule set forth in Schedule G. In the event that the Concessionaire fails to achieve any Project Milestone within [30 (thirty)] days from the date set forth for such Project Milestone in Schedule G, unless such failure has occurred due to Force Majeure or for reasons solely and directly attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of [0.2% (zero point two per cent)] of the amount of Performance Security for delay of each day until such Project Milestone is achieved up to a maximum of [20% (twenty per cent)] of the amount of Performance Security; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this Agreement, the dates set forth in Schedule G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule G has been amended as above; provided further that in the event Operation Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 13.3.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon. For avoidance of doubt, it is agreed that recovery of Damages under this Clause 13.3.2 shall be without prejudice to the rights of the Authority under this Agreement, or otherwise including the right of Termination thereof. 13.3.3 In the event that the Development Works pertaining to the Development Obligation is not completed within [180 (one hundred and eighty)] days from the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to Terminate this Agreement. Without prejudice to the Authority’s rights under this Agreement and/or any other right that it may have under Applicable Law or equity, the Authority may in its sole discretion choose not to Terminate this Agreement after the said period of [180 (one hundred and eighty)] days and allow for a weekly extension beyond such period of [180 (one hundred and eighty)] days; provided that the Concessionaire agrees and pays in advance, the Damages calculated in accordance with Clause 13.3.2 above, for each day of such extension. To the extent that the Authority has agreed to allow for an extension and the Concessionaire has paid the Damages in advance as stated above, the Authority shall not terminate this Agreement in accordance with the provisions of this Clause 13.3.3. Notwithstanding the foregoing, the Parties agree that this Article shall not prejudice, in any manner whatsoever, the Authority's right of Termination under any other provision of this Agreement.

Development of the Project. 13.3.1 On or after the Appointed Date, the Concessionaire shall undertake augmentation of the District Hospital Except as specified in Schedule B, and in conformity with the Specifications and Standards set forth in Schedule Cbelow, including inter alia increase in the number of Beds and construction/development of Medical College (the “Development 13.3.2 The Concessionaire Developer shall augment the District Hospital and construct/develop the Medical College Improvements on the Land in accordance with the Project Completion Scope of Development, the Schedule of Performance, all requirements of any and all applicable federal, state and local laws, rules and regulations (including any conditions of approval required by the WRSA), the Plans and Specifications, and all other terms, conditions and requirements of this Agreement. Developer shall comply with the Schedule of Performance in a timely manner, provided that the obligations of Developer set forth in Schedule G. In therein which are to be performed after the event Close of Escrow shall be delayed by Force Majeure Delays, if applicable, and provided, further, that the Concessionaire Executive Director of the WRSA may extend any deadline therein in his or her sole and absolute discretion. Until a Certificate of Completion is issued, the Developer shall provide the WRSA with periodic progress reports, as reasonably requested by the WRSA, regarding the status of the construction of the Improvements.‌ If Close of Escrow occurs and thereafter Developer fails to achieve any cause the Project Milestone within [30 (thirty)] days from to qualify for a Certificate of Completion by the date set forth for such Project Milestone in Schedule G, unless such failure has occurred due to Force Majeure or for reasons solely and directly attributable to which is 36 calendar months following the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of [0.2% (zero point two per cent)] of the amount of Performance Security for delay of each day until such Project Milestone is achieved up to a maximum of [20% (twenty per cent)] of the amount of Performance Security; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions date of this Agreement, then Developer shall pay damages to the dates set forth WRSA for such failure to open by such date in Schedule G the sum of Two Hundred Dollars ($200) per day thereafter (payable from time to time within ten (10) days after written demand from WRSA), until the Project qualifies for a certificate of occupancy, or a total of Fifty Thousand Dollars ($50,000), which ever is the lesser amount, which shall constitute WRSA’s liquidated damages for such failure to qualify for a certificate of occupancy by such date: provided, however, that if Developer relinquishes its right to develop the Project pursuant to this Agreement and reconveys title to the Land to the WRSA free of any liens or encumbrances created by the Developer, such penalty shall thereupon cease to apply from and after the date of such reconveyance. Such payments shall be deemed due from time to be modified accordingly and the provisions time within ten (10) days after receipt of this Agreement shall apply as if Schedule G has been amended as above; provided further that in the event Operation Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 13.3.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon. For avoidance of doubt, it is agreed that recovery of Damages under this Clause 13.3.2 shall be without prejudice to the rights of the Authority under this Agreement, or otherwise including the right of Termination thereof. 13.3.3 In the event that the Development Works pertaining to the Development Obligation is not completed within [180 (one hundred and eighty)] days demand therefor from the Scheduled Completion DateWRSA given from time to time. Such covenant shall, unless the delay is on account of reasons solely attributable however, be subject to the Authority or extensions due to delays in construction caused by reason of any Force MajeureMajeure Delay (as defined in Section 6.7). DEVELOPER AND XXXX AGREE THAT BASED UPON THE CIRCUMSTANCES NOW EXISTING, the Authority shall be entitled to Terminate this AgreementKNOWN AND UNKNOWN, IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO ESTABLISH WRSA’S DAMAGES BY REASON OF A DEFAULT BY DEVELOPER CONSISTING OF THE FAILURE TO CAUSE THE PROJECT TO QUALIFY FOR A CERTIFICATE OF OCCUPANCY ON OR BEFORE THE DATE WHICH IS 24 CALENDAR MONTHS FOLLOWING THE DATE OF THIS AGREEMENT. Without prejudice to the Authority’s rights under this Agreement and/or any other right that it may have under Applicable Law or equityACCORDINGLY, the Authority may in its sole discretion choose not to Terminate this Agreement after the said period of [180 (one hundred and eighty)] days and allow for a weekly extension beyond such period of [180 (one hundred and eighty)] days; provided that the Concessionaire agrees and pays in advanceDEVELOPER AND XXXX AGREE THAT IN THE EVENT OF SUCH DEFAULT BY DEVELOPER, the Damages calculated in accordance with Clause 13.3.2 above, for each day of such extension. To the extent that the Authority has agreed to allow for an extension and the Concessionaire has paid the Damages in advance as stated above, the Authority shall not terminate this Agreement in accordance with the provisions of this Clause 13.3.3. Notwithstanding the foregoing, the Parties agree that this Article shall not prejudice, in any manner whatsoever, the Authority's right of Termination under any other provision of this AgreementWRSA SHALL BE ENTITLED TO THE SUM OF $200 PER DAY AFTER SUCH DATE UNTIL THE PROJECT QUALIFIES FOR A CERTIFICATE OF OCCUPANCY AS LIQUIDATED DAMAGES.

Development of the Project. 13.3.1 On (1) The Concessionaire shall construct and develop the Project, either itself or after through its Contractors, in accordance with the Appointed Dateplans, designs and Detailed Project Report prepared by the Concessionaire and duly approved by the Concessioning Authority and sanctioned by the competent Government Authority as may be required from time to time by the relevant statues applicable to the context without diversion or modification except in accordance with the prior written approval from the Concessioning Authority. The said DPR shall confirm to the requirement of the RFP Document including the Project Information Memorandum and shall include the minimum components mentioned therein. The Project Cost and components shall also not exceed the maximum stipulated therein. The decision of Concessioning Authority in this regard is final and the Concessionaire agrees to abide by the same. (2) Be it mentioned here that while making the final drawing for setting up the Project at the Project Site, the Concessionaire has to ensure the development of the Project Facilities in accordance with Applicable Laws, terms of Applicable Permits and in accordance with Prudent Utility Practices. (3) Be it mentioned here that while making the final drawing for setting up the Project, the aesthetic sense of the Region is maintained in its appropriate level; and further before submitting the final drawing of the Project before the competent Government Authority concerned for approval, the Concessionaire shall undertake augmentation take written concurrence from the Concessioning Authority endorsing the plans and drawings as ‘acceptable’. (4) The Concessioning Authority will give the Concessionaire uninterrupted & unobstructed possession of the District Hospital Project Site, free from all Encumbrances/charges, immediately on execution of this Agreement and on payment of such amount as specified may be mentioned hereunder. (5) The Concessioning Authority shall facilitate the Concessionaire to obtain such approvals, sanctions, licenses, Applicable Permits from GoWB and its departments/corporation under the Applicable Laws, permissions, consents, no objections etc. as is within its power and authority and as may be required to construct, develop, maintain and operate the Project and similarly the Concessioning Authority has agreed to provide the Concessionaire support to apply and obtain temporary and/or permanent connection of water, electricity and other infrastructure requirements at the risk and cost of the Concessionaire for initiation of the Project; provided the Concessionaire makes the required applications for the same and before the completion of construction of the Project, the Concessionaire shall obtain all connections including electricity and water in Schedule Btheir name. It is clarified that GoWB shall only facilitate and does not guarantee receipt of the said approval, sanctions, licenses, Applicable Permits which shall be the exclusive responsibility of the Concessionaire. (6) The Concessionaire shall at its own cost and expense observe, undertake, comply with and perform, in addition to and not in derogation of its obligations elsewhere set out in this agreement make, or cause to be made, necessary applications to the relevant Governmental Agencies with such particulars and details, as may be necessary for obtaining all Applicable Permits, and obtain such Applicable Permits in conformity with the Specifications Applicable Laws. The concessionaire would be responsible to protect the biodiversity of the project area, flora and Standards set forth in Schedule Cfauna, comply with all applicable provisions including inter alia increase in the number of Beds and construction/development of Medical College (the “Development 13.3.2 The Concessionaire shall augment the District Hospital and construct/develop the Medical College in accordance with the Project Completion Schedule set forth in Schedule G. In the event that the Concessionaire fails to achieve any Project Milestone within [30 (thirty)] days from the date set forth for such Project Milestone in Schedule G, unless such failure has occurred due to Force Majeure or for reasons solely and directly attributable but not limited to the AuthorityForest (Conservation) Act, it shall pay Damages to the Authority in a sum calculated at the rate of [0.2% 1980, Environment (zero point two per cent)] of the amount of Performance Security for delay of each day until such Project Milestone is achieved up to a maximum of [20% (twenty per cent)] of the amount of Performance Security; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this AgreementProtection) Act, the dates set forth in Schedule G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule G has been amended as above; provided further that in the event Operation Date is achieved on or before the Scheduled Completion Date1986, the Damages paid under this Clause 13.3.2 shall be refunded National Environment Policy 2006, Ecotourism Policy & Guidelines 1998 issued by the Authority Ministry of Tourism, Government of India with all its modifications, alterations and amendments from time to the Concessionaire, but without any interest thereon. For avoidance of doubt, it is agreed that recovery of Damages under this Clause 13.3.2 shall be without prejudice to the rights of the Authority under this Agreement, or otherwise including the right of Termination thereoftime. 13.3.3 In the event that the Development Works pertaining to the Development Obligation is not completed within [180 (one hundred and eighty)] days from the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to Terminate this Agreement. Without prejudice to the Authority’s rights under this Agreement and/or any other right that it may have under Applicable Law or equity, the Authority may in its sole discretion choose not to Terminate this Agreement after the said period of [180 (one hundred and eighty)] days and allow for a weekly extension beyond such period of [180 (one hundred and eighty)] days; provided that the Concessionaire agrees and pays in advance, the Damages calculated in accordance with Clause 13.3.2 above, for each day of such extension. To the extent that the Authority has agreed to allow for an extension and the Concessionaire has paid the Damages in advance as stated above, the Authority shall not terminate this Agreement in accordance with the provisions of this Clause 13.3.3. Notwithstanding the foregoing, the Parties agree that this Article shall not prejudice, in any manner whatsoever, the Authority's right of Termination under any other provision of this Agreement.

Development of the Project. 13.3.1 On (1) The Concessionaire shall construct and develop the Project, either itself or after through its Contractors, in accordance with the Appointed Dateplans, designs and Detailed Project Report prepared by the Concessionaire and duly approved by the Concessioning Authority and sanctioned by the competent Government Authority as may be required from time to time by the relevant statues applicable to the context without diversion or modification except in accordance with the prior written approval from the Concessioning Authority. The said DPR shall confirm to the requirement of the RFP Document including the Project Information Memorandum and shall include the minimum components mentioned therein. The Project Cost and components shall also not exceed the maximum stipulated therein. The decision of Concessioning Authority in this regard is final and the Concessionaire agrees to abide by the same. (2) Be it mentioned here that while making the final drawing for setting up the Project at the Project Site, the Concessionaire has to ensure the development of the Project Facilities in accordance with Applicable Laws, terms of Applicable Permits and in accordance with Prudent Utility Practices. (3) Be it mentioned here that while making the final drawing for setting up the Project, the aesthetic sense of the Region is maintained in its appropriate level; and further before submitting the final drawing of the Project before the competent Government Authority concerned for approval, the Concessionaire shall undertake augmentation take written concurrence from the Concessioning Authority endorsing the plans and drawings as ‘acceptable’. (4) The Concessioning Authority will give the Concessionaire possession of the District Hospital Project Site, free from all Encumbrances/charges, immediately on execution of this Agreement and on payment of such amount as specified may be mentioned hereunder. (5) The Concessioning Authority shall facilitate the Concessionaire to obtain such approvals, sanctions, licenses, Applicable Permits from GoWB and its departments/corporation under the Applicable Laws, permissions, consents, no objections etc. as is within its power and authority and as may be required to construct, develop, maintain and operate the Project and similarly the Concessioning Authority has agreed to provide the Concessionaire support to apply and obtain temporary and/or permanent connection of water, electricity and other infrastructure requirements at the risk and cost of the Concessionaire for initiation of the Project; provided the Concessionaire makes the required applications for the same and before the completion of construction of the Project, the Concessionaire shall obtain all connections including electricity and water in Schedule Btheir name. It is clarified that GoWB shall only facilitate and does not guarantee receipt of the said approval, sanctions, licenses, Applicable Permits which shall be the exclusive responsibility of the Concessionaire. (6) The Concessionaire shall at its own cost and expense observe, undertake, comply with and perform, in addition to and not in derogation of its obligations elsewhere set out in this agreement make, or cause to be made, necessary applications to the relevant Governmental Agencies with such particulars and details, as may be necessary for obtaining all Applicable Permits, and obtain such Applicable Permits in conformity with the Specifications Applicable Laws. The concessionaire would be responsible to protect the biodiversity of the project area, flora and Standards set forth in Schedule Cfauna, comply with all applicable provisions including inter alia increase in the number of Beds and construction/development of Medical College (the “Development 13.3.2 The Concessionaire shall augment the District Hospital and construct/develop the Medical College in accordance with the Project Completion Schedule set forth in Schedule G. In the event that the Concessionaire fails to achieve any Project Milestone within [30 (thirty)] days from the date set forth for such Project Milestone in Schedule G, unless such failure has occurred due to Force Majeure or for reasons solely and directly attributable but not limited to the AuthorityForest (Conservation) Act, it shall pay Damages to the Authority in a sum calculated at the rate of [0.2% 1980, Environment (zero point two per cent)] of the amount of Performance Security for delay of each day until such Project Milestone is achieved up to a maximum of [20% (twenty per cent)] of the amount of Performance Security; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions of this AgreementProtection) Act, the dates set forth in Schedule G shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule G has been amended as above; provided further that in the event Operation Date is achieved on or before the Scheduled Completion Date1986, the Damages paid under this Clause 13.3.2 shall be refunded National Environment Policy 2006, Ecotourism Policy & Guidelines 1998 issued by the Authority Ministry of Tourism, Government of India with all its modifications, alterations and amendments from time to the Concessionaire, but without any interest thereon. For avoidance of doubt, it is agreed that recovery of Damages under this Clause 13.3.2 shall be without prejudice to the rights of the Authority under this Agreement, or otherwise including the right of Termination thereoftime. 13.3.3 In the event that the Development Works pertaining to the Development Obligation is not completed within [180 (one hundred and eighty)] days from the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to Terminate this Agreement. Without prejudice to the Authority’s rights under this Agreement and/or any other right that it may have under Applicable Law or equity, the Authority may in its sole discretion choose not to Terminate this Agreement after the said period of [180 (one hundred and eighty)] days and allow for a weekly extension beyond such period of [180 (one hundred and eighty)] days; provided that the Concessionaire agrees and pays in advance, the Damages calculated in accordance with Clause 13.3.2 above, for each day of such extension. To the extent that the Authority has agreed to allow for an extension and the Concessionaire has paid the Damages in advance as stated above, the Authority shall not terminate this Agreement in accordance with the provisions of this Clause 13.3.3. Notwithstanding the foregoing, the Parties agree that this Article shall not prejudice, in any manner whatsoever, the Authority's right of Termination under any other provision of this Agreement.

Development of the Project. 13.3.1 On or after 4.1 The Seller’s obligation to build, own, operate and transfer the Appointed Date, the Concessionaire shall undertake augmentation of the District Hospital as specified in Schedule B, and in conformity with the Specifications and Standards set forth in Schedule C, including inter alia increase in the number of Beds and construction/development of Medical College (the “DevelopmentProject 13.3.2 The Concessionaire shall augment the District Hospital and construct/develop the Medical College in accordance with the Project Completion Schedule set forth in Schedule G. In the event that the Concessionaire fails to achieve any Project Milestone within [30 (thirty)] days from the date set forth for such Project Milestone in Schedule G, unless such failure has occurred due to Force Majeure or for reasons solely and directly attributable 4.1.1 Subject to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of [0.2% (zero point two per cent)] of the amount of Performance Security for delay of each day until such Project Milestone is achieved up to a maximum of [20% (twenty per cent)] of the amount of Performance Security; provided that if any or all Project Milestones or the Scheduled Completion Date are extended in accordance with the provisions terms and conditions of this Agreement, the dates set forth in Schedule G shall be deemed Seller undertakes to be modified accordingly responsible, at Seller’s own cost and risk, for: a) Obtaining (including than Initial Consents) and maintaining in full force and effect all Consents required by it pursuant to this Agreement and relevant Laws; b) executing the Project in a timely manner so as to enable each of the Units and the provisions Power Station as a whole to be Commissioned no later than its Scheduled Commercial Operations Date and such that as much of the Contracted Capacity as can be made available through the use of Prudent Utility Practices will be made available reliably to meet the Procurer’ scheduling and dispatch requirements throughout the term of this Agreement shall apply as if Schedule G has been amended as above; provided further that but under no event earlier than Seventy One Months (71 months) from the Effective Date; c) owning the Project throughout the term of this Agreement free and clear of encumbrances, except those expressly permitted by Article 16; d) procure the requirements of electricity at the Project (including construction, commissioning and start-up power) and to meet in a timely manner all formalities for getting such a supply of electricity; e) provide on a timely basis relevant information on Power Station specifications which may be required for interconnecting system with the event Operation Date is achieved on or before the Scheduled Completion Date, the Damages paid under this Clause 13.3.2 shall be refunded transmission system; f) fulfilling all other obligations undertaken by the Authority to the Concessionaire, but without any interest thereon. For avoidance of doubt, it is agreed that recovery of Damages under this Clause 13.3.2 shall be without prejudice to the rights of the Authority him under this Agreement; g) prepare and implement the appropriate Resettlement & Rehabilitation activities as outlined in the Detailed Project Report, Environment Management Plan or otherwise including Environment Impact Assessment, the right National Policy on Resettlement & Rehabilitation, 2007 at his own cost; h) Transfer of Termination thereof.the Project to the Procurer at Expiry Date; 13.3.3 In 4.2 Procurer’ obligation Subject to the event terms and conditions of this Agreement, the Procurer: a) shall be responsible for procuring the Interconnection and Transmission Facilities beyond Delivery Point to enable the evacuation of Power from Power Station not later than the Scheduled Connection Date; b) shall ensure that the Development Works pertaining Seller is provided an electrical connection for reasonable construction, commissioning and start up power at the Project as reasonably requisitioned by the Seller by written intimation to the Development Obligation is not completed within [180 (one hundred Procurer, on the then prevalent terms and eighty)] days conditions as applicable to such consumers.; c) shall be responsible for payment of the Transmission Charges and RLDC and SLDC charges applicable to the Contracted Capacity; d) shall make all reasonable arrangements for the evacuation of the Infirm Power from the Scheduled Completion Date, unless the delay is on account of reasons solely attributable Power Station; subject to the Authority or due availability of transmission lines and 4.3.1 Subject to Force Majeurethe terms and conditions of this Agreement, the Authority shall be entitled Seller undertakes to Terminate this Agreement. Without prejudice supply to the Authority’s rights under this Agreement and/or any other right that it may have under Applicable Law or equityProcurer entire Contracted Capacity, the Authority may in its sole discretion choose not to Terminate this Agreement after the said period of [180 (one hundred and eighty)] days and allow for a weekly extension beyond such period of [180 (one hundred and eighty)] days; provided that the Concessionaire agrees and pays in advance, the Damages calculated in accordance with Clause 13.3.2 above, for each day of such extension. To the extent that the Authority has agreed to allow for an extension and the Concessionaire has paid Procurer undertakes to pay the Damages in advance as stated aboveTariff for 55% of Saleable Capacity and corresponding Scheduled Energy of the Power Station, throughout the Authority shall not terminate this Agreement in accordance with the provisions of this Clause 13.3.3. Notwithstanding the foregoing, the Parties agree that this Article shall not prejudice, in any manner whatsoever, the Authority's right of Termination under any other provision term of this Agreement. 4.3.2 Unless otherwise instructed by the Procurer, the Seller shall sell all the Available Capacity up to the Contracted Capacity of the Power Station to Procurer pursuant to Dispatch Instructions.