Common use of DPR and Designs Clause in Contracts

DPR and Designs. (a) The Concessionaire, immediately after the issue of Letter of Award and before the execution of Concession Agreement, shall at its cost prepare and submit to the Authority, DPR and detailed Designs of the Project, which forms the part of this Agreement. (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 Implementation 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, plans for marketing the Project, proposed arrangements for operating and managing the Project, the organisation 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) The Authority/’Project Monitoring & Supervision Consultants’ shall review the DPR and Designs submitted by the Concessionaire for conformity with the Specifications and Standards and, subject to the provisions of sub-section (d) herein below, communicate Authority’s approval immediately. The Authority may in consultation with the Concessionaire prescribe a schedule for submission, clarifications and approval of such plan. (d) In the event that Authority has any objection to the DPR and/or Designs and Drawings or any part thereof, it shall promptly notify the Concessionaire of its objections in writing and seek clarifications or suggest changes or modifications or corrections thereto in writing. Thereupon, the Concessionaire shall provide necessary clarification to the Authority or re- submit revised DPR and/or Designs and Drawings or part thereof, as the case may be, after incorporating the changes, modifications or corrections suggested by the Authority. (e) If the Authority does not submit written objections to the DPR and the Design and Drawings submitted to it by the Concessionaire within thirty (30) days of submission, the Authority shall be deemed to have approved such DPR and Design and Drawings and the Concessionaire shall be entitled to proceed with the Project accordingly. However, nothing in this Agreement shall derogate from the Concessionaire’s obligation to obtain the Applicable Permits in relation to the construction and commencement of commercial operations/ use of the Project Facilities from the relevant authorities under Applicable Laws and Development Controls. (f) Notwithstanding any express or deemed approval or failure to review by or the comments or observation of the Authority in relation to the DPR and Designs and Drawings, the Concessionaire shall be solely responsible for any defect and/or deficiency therein or any part thereof and accordingly the Concessionaire shall at all times remain solely responsible for the technical feasibility, operational capability and reliability of the Project and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. (g) The Concessionaire may, with the prior written approval of the Authority, make or permit alterations in or addition to any DPR and Designs and Drawings, specifications and calculations approved or deemed to be approved by the Authority under this Agreement. (h) Designs, drawing or specifications, if any, provided by the Authority to the Concessionaire shall only be indicative and the Concessionaire shall accept the same at its sole risk, cost and consequence. (i) The Authority shall not be responsible or liable in any manner for the accuracy, completeness or otherwise of the DPR and Designs and Drawings and the construction and implementation of the Project/Works by the Concessionaire on the basis thereof, irrespective of any perusal or review thereof or comment thereon by the Authority, any Government Authority. (j) The Concessionaire needs to submit DPR and obtain approval from the Authority within the Compliance Period.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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DPR and Designs. (a) The Concessionaire, immediately after grant of the issue of Letter of Award and before the execution of Concession AgreementConcession, shall at its cost prepare and submit to the Authority, DPR and detailed Designs of the Project, which forms the part of this Agreement. (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 Implementation Schedule with the Project Milestones, detailed Schedule Bar Charts / PERT Networks with Milestone Dates, Master Plan and Building Plan of the Project Project, including the site development, proposed construction activities, names of likely sub-contractors/ vendors etc., plans for mobilization of finances, plans for marketing the Project, proposed arrangements for operating and managing the Project, the organisation 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) The Authority/’Project Monitoring & Supervision Consultants’ shall review the DPR and Designs submitted by the Concessionaire for conformity with the Specifications and Standards and, subject to the provisions of sub-section (d) herein below, communicate Authority’s approval immediately. The Authority may in consultation with the Concessionaire prescribe a schedule for submission, clarifications and approval of such plan. (d) In the event that Authority has any objection to the DPR and/or Designs and Drawings or any part thereof, it shall promptly notify the Concessionaire of its objections in writing and seek clarifications or suggest changes or modifications or corrections thereto in writing. Thereupon, the Concessionaire shall provide necessary clarification to the Authority or re- submit revised DPR and/or Designs and Drawings or part thereof, as the case may be, after incorporating the changes, modifications or corrections suggested by the Authority. (e) If the Authority does not submit written objections to the DPR and the Design and Drawings submitted to it by the Concessionaire within thirty Thirty (30) days Days of submission, the Authority shall be deemed to have approved such DPR and Design and Drawings and the Concessionaire shall be entitled to proceed with the Project accordingly. However, nothing in this Agreement shall derogate from the Concessionaire’s obligation to obtain the Applicable Permits in relation to the construction and commencement of commercial operations/ use of the Project Facilities from the relevant authorities under Applicable Laws and Development Controls. (f) Notwithstanding any express or deemed approval or failure to review by or the comments or observation of the Authority in relation to the DPR and Designs and Drawings, the Concessionaire shall be solely responsible for any defect and/or deficiency therein or any part thereof and accordingly the Concessionaire shall at all times remain solely responsible for the technical feasibility, operational capability and reliability of the Project and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. (g) The Concessionaire may, with the prior written approval of the Authority, make or permit alterations in or addition to any DPR and Designs and Drawings, specifications and calculations approved or deemed to be approved by the Authority under this Agreement. (h) Designs, drawing or specifications, if any, provided by the Authority to the Concessionaire shall only be indicative and the Concessionaire shall accept the same at its sole risk, cost and consequence. (i) The Authority shall not be responsible or liable in any manner for the accuracy, completeness or otherwise of the DPR and Designs and Drawings and the construction and implementation of the Project/Works by the Concessionaire on the basis thereof, irrespective of any perusal or review thereof or comment thereon by the Authority, any Government AuthorityAuthority . (j) The Concessionaire needs to submit DPR and obtain approval from the Authority within the Compliance Period.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

DPR and Designs. (a) The ConcessionaireAuthorisee, immediately within 4 (four) months after grant of the issue of Letter of Award and before the execution of Concession AgreementAuthorisation, shall at its cost prepare and submit to the Authority, Grantor draft DPR and detailed Designs of the Project, which forms the part of this Agreement. (b) The DPR shall, inter alia, set out the full details of the developmental activities proposed to be carried out by the Concessionaire Authorisee for implementation of the Project, proposed order, sequence and method of working, the steps, procedures and processes undertaken and to be undertaken by the ConcessionaireAuthorisee, the Project Implementation Schedule with the Project Milestones, detailed Schedule Bar Charts schedule bar charts / PERT Networks networks with Milestone Datesmilestone dates, Master Plan master plan and Building Plan building plan of the Project Facility, including the site development, proposed construction activities, names of likely sub-contractors/ Subcontractors/ vendors etc., plans for mobilization of finances, plans for marketing the ProjectProject Facility, proposed arrangements for operating and managing the ProjectProject Facility, the organisation chart of the Concessionaire Authorisee, proposed Sub-authorisations and such other similar details which define and clarify the method and direction of the Concessionaire’s Authorisee‟s plans for the implementation of the Project. (c) The Authority/’Project Monitoring & Supervision Consultants’ Grantor shall review the DPR and Designs submitted by the Concessionaire Authorisee for conformity with the Specifications and Standards and, subject to the provisions of sub-section (d) herein below, communicate Authority’s its approval immediately. The Authority Grantor may in consultation with the Concessionaire Authorisee prescribe a schedule for submission, clarifications and approval of such plan. (d) In the event that Authority Grantor has any objection to the DPR and/or and Designs and Drawings or any part thereof, it shall promptly notify the Concessionaire Authorisee of its objections in writing and objections, seek clarifications or suggest changes or modifications or corrections thereto in writing. Thereupon, the Concessionaire Authorisee shall provide necessary clarification to the Authority Grantor or re- re-submit revised DPR and/or and Designs and Drawings or part thereof, as the case may be, after incorporating the changes, modifications or corrections suggested by the AuthorityGrantor. (e) If the Authority Grantor does not submit written objections object to the DPR and the Design and Drawings submitted to it by the Concessionaire Authorisee within thirty (30) days two months of submission, the Authority Grantor shall be deemed to have approved such DPR and Design and Drawings and the Concessionaire Authorisee shall be entitled to proceed with the Project accordingly. HoweverHowever the Authorisee expressly, nothing agrees and confirms that non-communication of any comments by the Grantor in this Agreement terms of above clause shall derogate from not mean or be construed to mean that the Concessionaire’s obligation Grantor‟s right to obtain notify the Applicable Permits objections / comments / or to suggest modifications in relation DPR is forfeited. The Grantor shall be at liberty to notify its objections / observations and comments even after the expiry of the 60 days period and the Authorisee shall be liable and responsible to address / incorporate to notified objections / observations to the construction and commencement of commercial operations/ use of extent feasible in the Project Facilities from the relevant authorities under Applicable Laws and Development Controlsproject implementation. (f) Notwithstanding any express or deemed approval or failure to review by or the comments or observation of the Authority Grantor in relation to the DPR and Designs and DrawingsDesigns, the Concessionaire Authorisee shall be solely responsible for any defect and/or deficiency therein or any part thereof and accordingly the Concessionaire Authorisee shall at all times remain solely responsible for the technical feasibility, operational capability and reliability of the Project and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. (g) The Concessionaire Authorisee may, with the prior written approval of the AuthorityGrantor, make or permit alterations in or addition to any DPR and Designs and DrawingsDesigns, specifications and calculations approved or deemed to be approved by the Authority Grantor given in writing under this Agreement. (h) DesignsAny design, drawing or specifications, if any, specification provided by the Authority Grantor to the Concessionaire Authorisee shall only be indicative and the Concessionaire Authorisee shall accept the same at its sole risk, cost and consequence. (i) The Authority Grantor shall not be responsible or liable in any manner for the accuracy, completeness or otherwise of the DPR and Designs and Drawings and or the construction and implementation of the Project/Works by the Concessionaire Authorisee on the basis thereof, irrespective of any perusal or review thereof or comment thereon by the AuthorityGrantor, any Government Authority.. In any case the Built-up area provided in DPR shall not exceed the applicable permissible area as per the Municipal By-laws (j) The Concessionaire Authorisee needs to submit DPR and obtain approval from the Authority Grantor within the Compliance Period.

Appears in 2 contracts

Samples: Authorization Agreement, Authorization Agreement

DPR and Designs. (a) The Concessionaire, immediately after grant of the issue of Letter of Award and before the execution of Concession AgreementConcession, shall at its cost prepare and submit to the Authority, Grantor / Authority draft DPR and detailed Designs of the Project, which forms the part of this Agreement. (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 Implementation Schedule with the Project Milestones, detailed Schedule Bar Charts schedule bar charts / PERT Networks networks with Milestone Datesmilestone dates, Master Plan master plan and Building Plan building plan of the Project Project, including the site development, proposed construction activities, names of likely subSub-contractors/ vendors etc., plans for mobilization of finances, plans for marketing the Project, proposed arrangements for operating and managing the Project, the organisation 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) The Authority/’Project Monitoring & Supervision Consultants’ Grantor / Authority/ Independent Engineer shall review the DPR and Designs submitted by the Concessionaire for conformity ‘Conformity’ with the Specifications and Standards and, subject to the provisions of sub-section (d) herein below, communicate Authority’s approval immediately. The Grantor / Authority may in consultation with the Concessionaire prescribe a schedule for submission, submission and provide clarifications and approval of to the queries on such planDPR / Plan. (d) In the event that Grantor / Authority has any objection to the DPR and/or Designs and Drawings or any part thereof, it shall promptly notify the Concessionaire of its objections in writing and seek clarifications or suggest changes or modifications or corrections thereto in writingthereto. Thereupon, the Concessionaire shall provide necessary clarification to the Grantor / Authority or re- submit revised DPR and/or Designs and Drawings or part thereof, as the case may be, after incorporating the changes, modifications or corrections suggested by the Grantor / Authority. (e) If the Grantor / Authority does not submit written objections to the DPR and the Design and Drawings submitted to it by the Concessionaire within thirty Thirty (30) days Days of submission, the Grantor / Authority shall be deemed to have approved acknowledged the receipt such DPR and Design and Drawings and the Concessionaire shall be entitled to proceed with the Project accordingly. However, nothing in this Agreement shall derogate from the Concessionaire’s obligation to obtain the Applicable Permits in relation to the construction and commencement of commercial operations/ use of the Project Facilities from the relevant authorities under Applicable Laws and Development Controls. (f) Notwithstanding any express or deemed approval acknowledgement or failure to review by or the comments or observation of the Grantor / Authority in relation to the DPR and Designs and Drawings, the Concessionaire shall be solely responsible for any defect and/or deficiency therein or any part thereof and accordingly the Concessionaire shall at all times remain solely responsible for the technical feasibility, operational capability and reliability of the Project and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. (g) The Concessionaire may, with the prior written approval acknowledgement of the Grantor / Authority, make or permit alterations in or addition to any DPR and Designs and Drawings, specifications and calculations approved or deemed to be approved acknowledged by the Grantor / Authority under this Agreement. (h) Designs, drawing or specifications, if any, provided by the Grantor / Authority to the Concessionaire shall only be indicative and the Concessionaire shall accept the same at its sole risk, cost and consequence. (i) The Grantor / Authority shall not be responsible or liable in any manner for the accuracy, completeness or otherwise of the DPR and Designs and Drawings and the construction and implementation of the Project/Works by the Concessionaire on the basis thereof, irrespective of any perusal or review thereof or comment thereon by the Grantor / Authority, any Government Authority. (j) The Concessionaire needs to submit DPR and obtain approval acknowledgement from the Grantor / Authority within the Compliance Period.

Appears in 1 contract

Samples: Concession Agreement

DPR and Designs. (a) The Concessionaire, immediately after grant of the issue of Letter of Award and before the execution of Concession AgreementConcession, shall at its cost prepare and submit to the Authority, DPR and detailed Designs of the Project, which forms the part of this Agreement. (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 Implementation 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, plans for marketing the Project, proposed arrangements for operating and managing the Project, the organisation 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) The Authority/’Project Monitoring & Supervision Consultants’ shall review the DPR and Designs submitted by the Concessionaire for conformity with the Specifications and Standards and, subject to the provisions of sub-section (d) herein below, communicate Authority’s approval immediately. The Authority may in consultation with the Concessionaire prescribe a schedule for submission, clarifications and approval of such plan. (d) In the event that Authority has any objection to the DPR and/or Designs and Drawings or any part thereof, it shall promptly notify the Concessionaire of its objections in writing and seek clarifications or suggest changes or modifications or corrections thereto in writing. Thereupon, the Concessionaire shall provide necessary clarification to the Authority or re- submit revised DPR and/or Designs and Drawings or part thereof, as the case may be, after incorporating the changes, modifications or corrections suggested by the Authority. (e) If the Authority does not submit written objections to the DPR and the Design and Drawings submitted to it by the Concessionaire within thirty (30) days of submission, the Authority shall be deemed to have approved such DPR and Design and Drawings and the Concessionaire shall be entitled to proceed with the Project accordingly. However, nothing in this Agreement shall derogate from the Concessionaire’s obligation to obtain the Applicable Permits in relation to the construction and commencement of commercial operations/ use of the Project Facilities from the relevant authorities under Applicable Laws and Development Controls. (f) Notwithstanding any express or deemed approval or failure to review by or the comments or observation of the Authority in relation to the DPR and Designs and Drawings, the Concessionaire shall be solely responsible for any defect and/or deficiency therein or any part thereof and accordingly the Concessionaire shall at all times remain solely responsible for the technical feasibility, operational capability and reliability of the Project and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. (g) The Concessionaire may, with the prior written approval of the Authority, make or permit alterations in or addition to any DPR and Designs and Drawings, specifications and calculations approved or deemed to be approved by the Authority under this Agreement. (h) Designs, drawing or specifications, if any, provided by the Authority to the Concessionaire shall only be indicative and the Concessionaire shall accept the same at its sole risk, cost and consequence. (i) The Authority shall not be responsible or liable in any manner for the accuracy, completeness or otherwise of the DPR and Designs and Drawings and the construction and implementation of the Project/Works by the Concessionaire on the basis thereof, irrespective of any perusal or review thereof or comment thereon by the Authority, any Government AuthorityAuthority . (j) The Concessionaire needs to submit DPR and obtain approval from the Authority within the Compliance Period.

Appears in 1 contract

Samples: Concession Agreement

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DPR and Designs. (a) The ConcessionaireLicensee, immediately after grant of the issue of Letter of Award and before License but no later than 45 days from the execution of Concession AgreementExecution Date, shall at its cost prepare and submit to the AuthorityAuthority and the Independent Expert, DPR a draft detailed project report (DPR), Designs and detailed Designs of the Project, which forms the part of this AgreementDrawings for each Project Component. (b) The DPR shall, inter alia, set out the full details of the developmental activities proposed to be carried out by the Concessionaire Licensee for implementation of the Project, proposed order, sequence and method of working, the steps, procedures and processes undertaken and to be undertaken by the ConcessionaireLicensee, the Project Implementation Schedule with the Project Milestones, detailed Schedule Bar Charts schedule bar charts / PERT Networks networks with Milestone Datesmilestone dates, Master Plan master plan and Building Plan building plan of the Project Project, detailed designs, quality assurance procedures, including the site development, proposed construction activities, names of likely subSub-contractors/ vendors etc., plans for mobilization of finances, plans for marketing the Project, proposed arrangements for operating and managing the Project, the organisation chart of the Concessionaire Licensee and such other similar details which define and clarify the method and direction of the ConcessionaireLicensee’s plans for the implementation of the Project.Project in accordance with Project Completion Schedule as set forth in Schedule G. (c) The Authority/’Project Monitoring & Supervision Consultants’ Authority/Independent Expert shall review the DPR DPR, Designs and Designs Drawings submitted by the Concessionaire Licensee for conformity with the Specifications and Standards and, subject to the provisions of sub-section (d) herein below, communicate Authority’s approval immediately. The Authority may in consultation with the Concessionaire prescribe a schedule for submission, clarifications and approval of such plan. (d) In Within [15 days] of the event that Authority receipt of DPR and Designs and Drawings, the Authority/Independent Expert shall review the same and convey its observations in case it has any objection to the DPR and/or Designs and Drawings or any part thereof, it shall promptly notify the Concessionaire of its objections in writing and seek clarifications or suggest changes or modifications or corrections thereto in writing. Thereupon, within 7 days of such communication, the Concessionaire Licensee shall provide necessary clarification to the Authority or re- re-submit revised DPR and/or Designs and Drawings or part thereof, as the case may be, after incorporating the changes, modifications or corrections suggested by the Authority.. The Authority/Independent Expert shall give its observations, if any, within [7 (seven)] days of receipt of the revised DPR, Designs and Drawings (e) If the Authority Authority/Independent Expert does not submit provide any further written objections to the DPR and the Design and Drawings submitted to it by the Concessionaire Licensee within thirty ten (3010) days of submissionresubmission, the Authority shall be deemed to have approved such DPR and Design and Drawings and the Concessionaire Licensee shall be entitled to proceed with the Project accordingly. However, nothing in this Agreement shall derogate from the ConcessionaireLicensee’s obligation to obtain the Applicable Permits in relation to the construction and commencement of commercial operations/ use of the Project Facilities from the relevant authorities under Applicable Laws and Development Controls. (f) Notwithstanding any express or deemed approval or failure to review by or the comments or observation of the Authority in relation to the DPR and Designs and Drawings, the Concessionaire Licensee shall be solely responsible for any defect and/or deficiency therein or any part thereof and accordingly the Concessionaire Licensee shall at all times remain solely responsible for the technical feasibility, operational capability and reliability of the Project and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. (g) The Concessionaire Licensee may, with the prior written approval of the Authority, make or permit alterations in or addition to any DPR and Designs and Drawings, specifications and calculations approved or deemed to be approved by the Authority under this Agreement. (h) Designs, drawing or specifications, if any, provided by the Authority to the Concessionaire Licensee shall only be indicative and the Concessionaire Licensee shall accept the same at its sole risk, cost and consequence. (i) The Authority shall not be responsible or liable in any manner for the accuracy, completeness or otherwise of the DPR and Designs and Drawings and the construction and implementation of the Project/Works by the Concessionaire Licensee on the basis thereof, irrespective of any perusal or review thereof or comment thereon by the Authority, any Government Authority. (j) The Concessionaire needs to submit DPR DPR, Drawings and Designs shall elaborate on how Licensee’s proposed plans shall ensure that it shall obtain approval from the Authority within the Compliance Periodclassification for its Resort as specified in Clause 5.1.32 and certification for its Adventure Zone as specified in Clause 5.1.33.

Appears in 1 contract

Samples: License Agreement

DPR and Designs. (a) The Concessionaire, immediately after grant of the issue of Letter of Award and before the execution of Concession AgreementConcession, shall at its cost prepare and submit to the Authority, DPR and detailed Designs of the Project, which forms the part of this Agreement. (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 Implementation Schedule with the Project Milestones, detailed Schedule Bar Charts / PERT Networks with Milestone Dates, Master Plan and Building Plan of the Project Project, including the site development, proposed construction activities, names of likely sub-contractors/ vendors etc., plans for mobilization of finances, plans for marketing the Project, proposed arrangements for operating and managing the Project, the organisation 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) The Authority/’Project Monitoring & Supervision Consultants’ shall review the DPR and Designs submitted by the Concessionaire for conformity with the Specifications and Standards and, subject to the provisions of sub-section (d) herein below, communicate Authority’s approval immediately. The Authority may in consultation with the Concessionaire prescribe a schedule for submission, clarifications and approval of such plan. (d) In the event that Authority has any objection to the DPR and/or Designs and Drawings or any part thereof, it shall promptly notify the Concessionaire of its objections in writing and seek clarifications or suggest changes or modifications or corrections thereto in writing. Thereupon, the Concessionaire shall provide necessary clarification to the Authority or re- submit revised DPR and/or Designs and Drawings or part thereof, as the case may be, after incorporating the changes, modifications or corrections suggested by the Authority. (e) If the Authority does not submit written objections to the DPR and the Design and Drawings submitted to it by the Concessionaire within thirty Thirty (30) days Days of submission, the Authority shall be deemed to have approved such DPR and Design and Drawings and the Concessionaire shall be entitled to proceed with the Project accordingly. However, nothing in this Agreement shall derogate from the Concessionaire’s obligation to obtain the Applicable Permits in relation to the construction and commencement of commercial operations/ use of the Project Facilities from the relevant authorities under Applicable Laws and Development Controls. (f) Notwithstanding any express or deemed approval or failure to review by or the comments or observation of the Authority in relation to the DPR and Designs and Drawings, the Concessionaire shall be solely responsible for any defect and/or deficiency therein or any part thereof and accordingly the Concessionaire shall at all times remain solely responsible for the technical feasibility, operational capability and reliability of the Project and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. (g) The Concessionaire may, with the prior written approval of the Authority, make or permit alterations in or addition to any DPR and Designs and Drawings, specifications and calculations approved or deemed to be approved by the Authority under this Agreement. (h) Designs, drawing or specifications, if any, provided by the Authority to the Concessionaire shall only be indicative and the Concessionaire shall accept the same at its sole risk, cost and consequence. (i) The Authority shall not be responsible or liable in any manner for the accuracy, completeness or otherwise of the DPR and Designs and Drawings and the construction and implementation of the Project/Works by the Concessionaire on the basis thereof, irrespective of any perusal or review thereof or comment thereon by the Authority, any Government Authority. (j) The Concessionaire needs to submit DPR and obtain approval from the Authority within the Compliance Period.

Appears in 1 contract

Samples: Concession Agreement

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