Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this Agreement, the following shall apply: (a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review; (b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal. (c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards; (d) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk; (e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings; (f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and (h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 16 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's Concessionaire‟s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[sTicket Counter[s], Workshop[s], Authority's Authority‟s Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 14 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office level and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.Clause
Appears in 10 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect Seller shall furnish PDF files of all plans, drawings, specifications and similar documents delivered by Seller in performing the Concessionaire's obligations relating to Work (“Drawings”) in accordance with the Drawings of the Bus Terminal as data submittal requirements set forth in this AgreementAttachment 2 (“Technical Requirements”). Timely submittal of all required data is important for support of overall Project design and installation schedules. Such Drawings shall be properly identified as directed by Purchaser. All Drawings submitted by Seller shall be first submitted to Purchaser before being submitted in final form to Purchaser. Purchaser may make suggestions regarding the Drawings, but such review by Purchaser shall not relieve Seller from responsibility for errors or omissions therein. If Purchaser makes any correction, change or suggestion to any Drawing, Purchaser shall return the following Drawing to Seller no later than fourteen (14) days after receipt from Seller. All changes required as a result of errors or omissions shall apply:
(a) The Concessionaire be made by Seller irrespective of any prior review by Purchaser. For the avoidance of doubt the provided Drawings shall prepare be comparable to those normally supplied by Seller in connection with a new MHF installation. All non-proprietary Drawings prepared by Seller for the Project and submitdelivered to Purchaser shall be the sole property of Purchaser. Purchaser shall have a royalty-free, irrevocable, perpetual license to use all proprietary Drawings solely in connection with reasonable promptness the construction, operation and maintenance of the Project, and Purchaser shall be entitled to share the Drawings with EPC Contractor as required to design and erect any interfacing or connecting structure, piping, electrical raceway, instrumentation or other similar appurtenances; provided, however, that EPC Contractor agrees to the same restrictions on use as Purchaser in a writing addressed to Seller and signed by EPC Contractor. Any disclosure of Confidential Information in the Drawings designated as provided in Article 26 shall be subject to confidentiality provisions at least as strict as those included in Article 26 and in such sequence as is consistent with the Project Completion Schedule, three copies each of confidentiality agreement between the Parties included at Attachment 11 (“Confidentiality Agreement”). Seller shall deliver all Drawings to Purchaser not later than the Independent Engineer for review;
(b) The Concessionaire completion of the Work. During the progress of the Work, Seller shall keep at the Site a record of all Work performed which is different from, or in addition to, that shown on Purchaser’s drawings, a copy of which shall be provided to Purchaser promptly after their preparation or, if applicable, after their correction or modification. Such changes by Seller shall clearly specify in and accurately show the “as-built” conditions and dimensions of all Equipment. Seller shall deliver copies of such final “as-built” drawings to Purchaser as requested and as a condition of final payment. All documents used to develop the Drawings created by Seller and delivered pursuant to this Contract, including, but not limited to, all drafts, studies, work papers, work product, data and information delivered to Purchaser as part of the area Work (collectively, “Materials”) and all of Bus TerminalSeller’s copyrights, inventions and other intellectual property interest therein will remain owned solely and exclusively by Seller, and Purchaser shall retain no ownership interest therein, whether or not the Project Facilities is completed, except as specifically provided herein. Seller hereby grants Purchaser a non-exclusive, perpetual, irrevocable, fully paid-up license to copy, create derivative works of, and associated circulation area that transmit all or any part of the delivered Materials solely in connection with the ownership, financing, operation, maintenance, repair or replacement of the Project, but any disclosure of any of the foregoing delivered Materials designated as Confidential Information in accordance with Article 26 shall be handed over subject to confidentiality provisions at least as strict as those included in Article 26 and the Authority after confidentiality agreement between the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope Parties included at Attachment 11. Before any of the Project and the Specifications and Standards;
(d) Within 15 (fifteen) days of the receipt of the Drawingsconfidential or proprietary delivered Materials are disclosed to any person or entity other than Purchaser, the Independent Engineer shall review the same and convey its observations to the Concessionaire with particular reference to their conformity EPC Contractor or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standardsany lender, such Drawings person or entity shall be revised by the Concessionaire and resubmitted agree to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement confidentiality terms at least as strict as those included in any manner nor shall the Independent Engineer or the Authority be liable for the same in any manner;
(g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project FacilitiesArticle 26.
Appears in 8 contracts
Samples: Multiple Hearth Furnace Contract (Ada-Es Inc), Multiple Hearth Furnace Contract (Ada-Es Inc), Multiple Hearth Furnace Contract (Ada-Es Inc)
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementProject , the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three the copies each of all Drawings to the Independent Engineer for review;. Such Drawings shall be prepared in accordance with the Specifications and Standards and in accordance with the Project Completion Schedule and the Development Obligations.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, engineering are in conformity with the Scope of the Project and the Specifications and Standards, Applicable Laws and Good Industry Practice;
(dc) Within within [15 (fifteen) )] days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days specified period and may begin or continue Construction Development Works at its own discretion and risk;
(ed) If if the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for reviewreview within [7 (seven)] days. The Independent Engineer shall give its observations, if any, within [7 (seven) )] days of receipt of the revised Drawings;
(fe) No no review and/or or observation of the Independent Engineer and/or its failure to review and/or or convey its observations on any Drawings shall 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;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.313.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Project and general arrangement drawings, drawings thereof and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within [30 (thirty) )] days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.Clause
Appears in 6 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal Hospital, as set forth in this AgreementSchedule 11, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three the copies each of all Drawings to the Independent Engineer and the Authority for reviewreview prepared in AutoCAD editable format;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent EngineerEngineer and the Authority, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, engineering are in conformity with the Scope of the Project and the Specifications and Standards;
(dc) Within within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer and the Authority shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise with the Scope scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer and the Authority on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days specified period and may begin or continue Construction Works at its own discretion and risk;
(ed) If if the aforesaid observations of the Independent Engineer and/or the Authority indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer and the Authority for reviewreview within 7 (seven) days. The Independent Engineer and the Authority shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No no review and/or or observation of the Independent Engineer and/or the Authority and/or its failure to review and/or or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days The Concessionaire shall seek the prior approval of the Project Completion DateAuthority and the Independent Engineer in case of any alteration, modification or changes to the Drawings. The Concessionaire shall furnish submit such revised Drawings to the Authority and the Independent Engineer a complete set who shall review such revised Drawings in accordance with the provisions of as-built Drawingsthis Clause 12.3. It is clarified that in case the Concessionaire proposes to develop any Additional Capacity and such capacity not being accounted for in the Drawings which have been approved in accordance with this Clause 12.3, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable the Concessionaire must submit the revised Drawings to the Authority, reflecting Authority and the Bus Terminal as actually designed, engineered Independent Engineer for the Additional Capacity and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilitiessuch Drawings shall then be approved in accordance with this Clause 12.3.
Appears in 6 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementSchedule-H, the following shall apply:: from
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;; Downloaded
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;; xxx.xxxxxx.xxx
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[sTicket Counter[s], Workshop[s], Authority's ’s Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 5 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's Seller’s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementProject, the following shall apply:
(a) The Concessionaire Seller shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion ScheduleSchedule set forth in Schedule F, three 3 (three) copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire Seller shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire Seller with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Seller shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire Seller and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;; and
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Seller of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority CEB be liable for the same in any manner;
(g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementStorage Facility, the following shall apply:
(a) The a. the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer Expert for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By b. by submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire shall be deemed to have represented that it has determined and verified that the design compliance of such Designs and engineering, including field construction criteria related thereto, are in conformity Drawings with the Scope requirements of the Project and the Specifications and StandardsClause 12.3.1;
(d) Within c. within 15 (fifteen) days of the receipt of the Drawings, Drawings the Independent Engineer Expert 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If d. if the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Expert for review. The Independent Engineer Expert shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) No e. no review and/or observation of the Independent Engineer Expert and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Authority be liable for the same in any manner;
(g) Without f. without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout planning of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, Storage Facility and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within g. within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority and the Independent Engineer Expert a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Storage Facility as actually designed, engineered and constructed, including an as-as- built survey illustrating the layout of the Bus Terminal Storage Facility and setback lines, if any, of the buildings and structures forming part of Project FacilitiesStorage Facility.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plaza(s) and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating with respect to the Drawings of the Bus Terminal as set forth in this AgreementMandatory Development Obligations, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion ScheduleDPR, three copies each of all Drawings to the Independent Engineer Authority for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerAuthority, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 45 (fifteenforty five) days of the receipt of the Drawings, the Authority, itself or through an Independent Engineer 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. The Concessionaire shall not be obliged to await the observations of the Authority or the Independent Engineer Engineer(s) on the Drawings submitted pursuant hereto beyond the said 15 45 (fifteenforty five) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Authority / Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;; and
f) Within 60 (g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirtysixty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Scheduled Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Mandatory Development Obligations as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilitiesthereof.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal XXX Ropeway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;.
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout alignment of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, XXX Ropeway and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal XXX Ropeway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal XXX Ropeway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 3 contracts
Samples: Concession Agreement, Model Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this Agreement, the following shall apply:
(a) The Concessionaire Each Bankers’ Acceptance presented by a Borrower for acceptance shall prepare be in an integral multiple of Cdn.$100,000 and submitshall mature and be payable on a Business Day which occurs one, with reasonable promptness and in such sequence as is consistent with the Project Completion Scheduletwo, three copies each or six months (or such other period as the Lenders may agree) after the date thereof, provided that the Administration Agent may at its discretion restrict the term or maturity date of all Drawings any Bankers’ Acceptance. All Bankers’ Acceptances presented by a Borrower to the Independent Engineer Lenders for review;acceptance on a particular day shall aggregate at least Cdn.$1,000,000.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that Each Drawing shall be handed over made on two Business Days’ prior written notice given not later than 9:00 a.m. (Vancouver time) by a Borrower to the Authority after Administration Agent by way of a Borrowing Notice. The Administration Agent shall give each Lender prompt written notice thereof and of such Lender’s rateable portion of Bankers’ Acceptances to be accepted under the Concession Period of Bus TerminalDrawing.
(c) By submitting the Drawings A Borrower shall not request in a Borrowing Notice a maturity date for review a Bankers’ Acceptance which would be subsequent to the Independent EngineerOperating Facility Maturity Date, in the Concessionaire shall be deemed to have represented that it has determined and verified that case of Bankers’ Acceptances under the design and engineeringOperating Facility, including field construction criteria related theretoor the Acquisition Facility Maturity Date, are in conformity with the Scope case of Bankers’ Acceptances under the Project and the Specifications and Standards;Acquisition Facility.
(d) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Each Borrowing Notice shall review the same be irrevocable 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer binding on the Drawings submitted pursuant hereto beyond Borrower providing such Borrowing Notice. Such Borrower shall indemnify the said 15 Lenders against any loss or expense (fifteenexcluding loss of profits or other consequential losses) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised incurred by the Concessionaire and resubmitted Lenders in reliance on a Borrowing Notice as a result of any failure by such Borrower to fulfil or honour the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3Agreement before the date specified for any Drawing if the Drawing, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt as a result of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Datefailure, 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 micro film form or in is not made on such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilitiesdate.
Appears in 3 contracts
Samples: Credit Agreement (Pope & Talbot Inc /De/), Credit Agreement (Pope & Talbot Inc /De/), Credit Agreement (Pope & Talbot Inc /De/)
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) } days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;.
(f) Not Used.
(g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures constructed forming part of Project Facilities.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's Concessionaire‟s obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3(three) copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen15(fifteen) days of the receipt of the 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 Specifications, and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven7(seven) days of receipt of the revised Drawings;.
(fe) No review and/or and /or observation of the Independent Engineer and/or and /or its failure to review and/or convey its observations on any Drawings shall 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;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office level and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety90(ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Port as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.4, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalPort, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office floor level and general arrangement drawingsdrawings of the Port, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.4 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium and manner as may be acceptable to the Authority, reflecting the Bus Terminal Port as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Port and setback lines, if any, of the buildings and structures forming part of Project FacilitiesEquipment.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating with respect to the Drawings of the Bus Terminal as set forth in this AgreementMandatory Development Obligations, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion ScheduleDPR, three copies each of all Drawings to the Independent Engineer Authority for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerAuthority, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 30 (fifteenthirty) days of the receipt of the Drawings, the Authority, itself or through an Independent Engineer 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. The Concessionaire shall not be obliged to await the observations of the Authority or the Independent Engineer Engineer(s) on the Drawings submitted pursuant hereto beyond the said 15 30 (fifteenthirty) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Authority / Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;; and
f) Within 60 (g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirtysixty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Scheduled Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Mandatory Development Obligations as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilitiesthereof.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[sTicket Counter[s], Workshop[s], Authority's ’s Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this Agreement, the following Tenant shall apply:
within thirty (a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(d) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven30) days of receipt of Landlord’s Contingency Satisfaction Notice provide to Landlord for its approval working drawings, prepared by the Consultants for the construction of the improvements comprising the Work in accordance with all applicable laws. Landlord shall notify Tenant whether it approves of the submitted working drawings within five (5) business days after Tenant’s submission thereof. If Landlord disapproves in writing of such working drawings, then Landlord shall notify Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Tenant shall, within five (5) business days after such notice, revise such working drawings in accordance with Landlord’s reasonable objections and submit the revised working drawings to Landlord for its review and approval. This process shall be repeated until the working drawings have been finally approved by Tenant and Landlord. Both parties shall act reasonably and in good faith in connection with such approval process. As used herein, “Drawings;
(f) ” shall mean the final working drawings reasonably approved by Landlord, as amended from time to time by any approved changes thereto. No review and/or observation Work may commence pending approval by Landlord of the Independent Engineer and/or its failure to review and/or convey its observations on Drawings and receipt by Tenant of any permit required therefor under applicable law. Any approval of the Drawings by Landlord shall relieve not constitute a representation or warranty of Landlord that the Concessionaire Drawings are adequate for any use, purpose, or conditions, or that the Drawings comply with any applicable law or code, but shall merely be the consent 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) Without prejudice Landlord to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout performance of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 Work. Upon Substantial Completion (thirtyas defined below) days of the receipt of such Drawings. The provisions of this Clause 12.3 Work, Tenant shall apply mutatis mutandis deliver to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority and the Independent Engineer Landlord a complete CAD set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to Drawings for the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project FacilitiesWork.
Appears in 2 contracts
Samples: Lease Agreement (Reata Pharmaceuticals Inc), Lease (Reata Pharmaceuticals Inc)
Drawings. In respect of the Concessionaire's Concessionaire‟s obligations relating to the Drawings of the Bus Terminal Rail System as set forth in this AgreementSchedule-F, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for reviewEngineer;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and submit the Drawings along with its observations to MOR and the Concessionaire with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. Within 15 (fifteen) days of the receipt of the comments from the Independent Engineer, MOR may review the same and convey its observations to the Concessionaire and the Independent Engineer with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer MOR on the Drawings submitted pursuant hereto beyond the said 15 30 (fifteenthirty) days 6This amount shall equal to 0.25% (zero point two five percent) of the capital cost as reflected in the Detailed Project Report. period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If if the aforesaid observations of MOR and/or the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer and MOR for reviewreview within 7 (seven) days of receipt of observations of MOR and/or the Independent Engineer. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised DrawingsDrawings with particular reference to their conformity or otherwise with the comments given by the Independent Engineer and MOR on the initial submission, and within 15 (fifteen) days of the receipt of the comments from the Independent Engineer, if any, MOR may review the same and convey its observations, if any, to the Concessionaire and the Independent Engineer;
(fe) No no review and/or observation of the Independent Engineer and/or MOR and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority MOR be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority MOR for review review, comments and commentsapproval, its Drawings relating to the Bus Terminal, finished road level, location and layout [alignment of the ticket counter[sRail System, ***], Workshop[s], Authority's Office and general arrangement drawings7, and the Authority MOR shall have the right but not the obligation to undertake such review and provide its approvals and/or comments, if any, within 30 60 (thirtysixty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder. For the avoidance of doubt, it is agreed that if MOR does not deny the approval or convey its comments/observations within a period of [60 (sixty)] days of the receipt of such Drawings, the approval shall be deemed to have been granted; and
(hg) Within within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire shall furnish to the Authority MOR and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film electronic form or in such other medium as may be acceptable to the AuthorityMOR, reflecting the Bus Terminal Rail System as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Rail System and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 2 contracts
Samples: Construction Agreement, Construction Agreement
Drawings. In respect of the Concessionaire's Concessionaire‟s obligations relating to the Drawings of the Bus Terminal Rail System as set forth in this AgreementSchedule-H, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and submit the Drawings along with its observations to MOR and the Concessionaire with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. Within 15 (fifteen) days of the receipt of the comments from the Independent Engineer, MOR may review the same and convey its observations to the Concessionaire and the Independent Engineer with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer MOR on the Drawings submitted pursuant hereto beyond the said 15 30 (fifteenthirty) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If if the aforesaid observations of MOR and/or the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer and MOR for reviewreview within 7 (seven) days of receipt of observations of MOR and/or the Independent Engineer. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings, and within 15 (fifteen) days of the receipt of the comments from the Independent Engineer, if any, MOR shall review the same and convey its observations, if any, to the Concessionaire and the Independent Engineer;
(fe) No no review and/or observation of the Independent Engineer and/or MOR and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority MOR be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.3Clause12.2, the Concessionaire shall submit to the Authority MOR for review review, comments and commentsapproval, its Drawings relating to the Bus Terminal, finished road level, location and layout [alignment of the ticket counter[sRail System, ***], Workshop[s], Authority's Office and general arrangement drawings††, and the Authority MOR shall have the right but not the obligation to undertake such review and provide its approvals and/or comments, if any, within 30 60 (thirtysixty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder. For the avoidance of doubt, it is agreed that if MOR does not deny the approval or convey its comments/observations within a period of [60 (sixty)] days of the receipt of such Drawings, the approval shall be deemed to have been granted; and
(hg) Within within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire shall furnish to the Authority MOR and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityMOR, reflecting the Bus Terminal Rail System as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Rail System and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 2 contracts
Samples: Construction Contract, Construction Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plaza[s] and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's Concessionaire‟s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementSchedule-H, the following shall apply:: from
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;; xxx.xxxxxx.xxx Downloaded
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[sTicket Counter[s], Workshop[s], Authority's Authority‟s Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.. from
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's SPD obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementProject, the following shall apply:
(a) The Concessionaire the SPD shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Railway Electrical Engineer for reviewreview within 30 days of the Effective date;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent Railway Electrical Engineer, the Concessionaire SPD shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 within 10 (fifteenten) days of the receipt of the Drawings, the Independent Railway Electrical Engineer shall review the same and submit the Drawings along with its observations to Railways and the SPD with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. Within 10 (ten) days of the receipt of the comments from the Railway Electrical Engineer, Railways may review the same and convey its observations to the Concessionaire SPD and the Railway Electrical Engineer with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire SPD shall not be obliged to await the observations of the Independent Engineer Railways on the Drawings submitted pursuant hereto beyond the said 15 20 (fifteentwenty) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If ; if the aforesaid observations of Railways and/or the Independent Railway Electrical Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire SPD and resubmitted to the Independent Railway Electrical Engineer and Railways for reviewreview within 7 (seven) days of receipt of observations of Railways and/or the Railway Electrical Engineer. The Independent Railway Electrical Engineer shall give its observations, if any, within 7 5 (sevenfive) days of receipt of the revised Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 5 (thirtyfive) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of from the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback linesRailway Electrical Engineer, if any, of Railways shall review the buildings same and structures forming part of Project Facilities.convey its observations, if any, to the SPD and the Railway Electrical Engineer;
Appears in 2 contracts
Samples: Power Purchase Agreement (Ppa), Power Purchase Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout construction of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawingsproject, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plazas and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 2 contracts
Samples: Model Concession Agreement, Model Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal Project as set forth in this AgreementinSchedule I, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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 scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid previously mentioned observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications Specification and Standards, such Drawings shall be revised by the Concessionaire concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to submitto the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawingsProject, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies & soft copy and in micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings thebuildings and structures forming part of Project FacilitiesAssets.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's Service Provider’s obligations relating to the Drawings of the Bus Terminal Project Network as set forth in this Agreementthe Specifications and Standards, the following shall apply:
(a) The Concessionaire the Service Provider shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer Expert for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire Service Provider shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 within seven (fifteen7) days of the receipt of the Drawings, the Independent Engineer Expert shall review the same and convey its observations to the Concessionaire Service Provider with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Service Provider shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 7 (fifteenseven) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If where the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Service Provider and resubmitted to the Independent Engineer Expert for review. The Independent Engineer Expert shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No no review and/or observation of the Independent Engineer Expert and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Service Provider of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Contracting Authority be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.312.4, the Concessionaire Service Provider shall submit to the Contracting Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject Network, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office level and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Contracting Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 28 (thirtytwenty eight) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.4 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within within 90 (ninety) days of the Project Completion Date, the Concessionaire Service Provider shall furnish to the Contracting Authority and the Independent Engineer Expert a complete set of as-built Drawings, in 2 (two) hard copies and in micro film a CD-ROM form or in such other medium as may be acceptable to the Contracting Authority, reflecting the Bus Terminal Project Network as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Network and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Design &Drawings of the Bus Terminal as set forth in this AgreementProject, the following shall apply:
(a) The a. the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence sequence, as is consistent with the Project Completion Schedule, three copies each of all Designs &Drawings to the Authority’s Engineer-in-Charge along with proof checking of the same by reputed Independent Engineer for reviewInstitutions as per instructions of the Authority and the charges in this regard shall have to be borne by the Concessionaire;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By b. by submitting the Designs &Drawings for review to the Independent EngineerAuthority, the Concessionaire shall 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 Scope of the Project Work, Applicable Laws and the Specifications Good Industry Practice and Standardsin no case, Authority shall be liable for its correctness;
c. Within 10 (d) Within 15 (fifteenten) days of the receipt of the Drawings, the Independent Engineer Authority’s Engineer-in-Charge shall review the same and convey its observations to the Concessionaire with particular reference to regarding their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;Work.
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) d. No review and/or observation of the Independent Engineer Authority’s Engineer-in-Charge, and/or its failure to review and/or convey its observations on any Design &Drawings shall relieve the Concessionaire of its obligations and liabilities under this the Agreement in any manner nor shall the Independent Engineer or the Authority be liable for the same in any manner;
(g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days e. Any change in the basic design and structure of the Project Completion Date, is subject to approval of 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 micro film form or in such other medium as may be acceptable to same by the Authority, reflecting . The Authority shall permit the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lineschanges, if any, of it is satisfied that the buildings and structures forming part of Project Facilitieschanges are going to benefit the Project.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal Phase I, as set forth in this AgreementSchedule H, the following shall apply:
(a) 12.2.1 The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three the copies each of all Drawings to the Independent Engineer for review. Such Drawings shall be prepared taking into account the requirements of the Project;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) 12.2.2 By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, engineering are in conformity with the Scope of the Project and the Specifications and Standards;
(d) 12.2.3 Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days day period and may begin or continue Construction Works at its own discretion and risk;
(e) 12.2.4 If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or and/or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for reviewreview within 7 (seven) days. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) 12.2.5 No review and/or or observation of the Independent Engineer and/or its failure to review and/or or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 12.2.6 Within 30 (thirty) days of the receipt COD of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion DatePhase I, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project, as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of the Hospital. Upon achieving Project FacilitiesCOD, the Concessionaire shall be required to submit the updated as-built Drawings in the manner set out above. It is clarified that the Concessionaire shall submit the Drawings in accordance with Schedule H; and
12.2.7 The Concessionaire shall seek the prior approval of the Authority in case of any alteration, modification or changes to the Drawings. The Concessionaire shall submit such revised Drawings to the Authority and the Authority shall review such revised Drawings in accordance with the procedure provided in this Clause 12.2.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority MPRDC be liable for the same in any manner;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority MPRDC for review and comments, its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plaza[s] and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority MPRDC shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority MPRDC and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityMPRDC, reflecting the Bus Terminal Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Drawings. For the sake of clarity it is stated again that the concessionaire shall submit the detailed design covering all structures and components involved in this project, which includes General Arrangement Drawings, conceptual drawings, schematic drawings, preliminary detailed drawings. All these drawings to be submitted to Independent Engineer and GOTN, HD for review and update. The Concessionaire shall in best of effort finalize all these drawings and the detailed construction drawing to be made available on prioritized works, in order to take up construction without delay. During the Construction Period all the required detailed construction drawings to be prepared and submitted to Independent Engineer and GOTN, HD well in advance by the Concessionaire on priority in line with the project execution plan so that the construction of works are carried out as scheduled. In respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority GOTN, HD be liable for the same in any manner;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority GOTN, HD for review and comments, its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority GOTN, HD shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(g) If the Independent Engineer determines that for discharging its duties and functions under this Agreement, it requires any drawings other than those listed in Annex-I, it shall by notice, require the Concessionaire to prepare and furnish such drawings forthwith. Upon receiving a requisition to this effect, the Concessionaire shall promptly prepare and furnish such drawings to the Independent Engineer and GOTN, HD for review and approval, as if such drawings formed part of Annex-I of this Schedule-H.
(h) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority GOTN, HD and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityGOTN, HD, reflecting the Bus Terminal Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer Consultant for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(cb) By submitting the Drawings for review to the Independent EngineerConsultant, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineeringConsulting, including field construction criteria related thereto, are in conformity with the Scope of the Project and the Specifications and Standards;.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Consultant 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 the Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Consultant on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer Consultant indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Consultant for review. The Independent Engineer Consultant shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;drawings.
(fe) No review and/or and /or observation of the Independent Engineer and/or Consultant and /or its failure to review and/or convey its observations on any Drawings drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Consultant or the Authority MSRDC be liable for the same in any manner;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority MSRDC for review and comments, its Drawings drawings relating to alignment of the Bus TerminalProject, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plaza(s) within city road network and general arrangement drawings, and the Authority MSRDC shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority MSRDC and the Independent Engineer Consultant a complete set of as-built Drawingsdrawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityMSRDC, reflecting the Bus Terminal Project as was actually designed, engineered designed and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating with respect to the Drawings of the Bus Terminal as set forth in this AgreementRefurbishment and Development of Project Site, the following shall apply:
(a) a. The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion ScheduleDPR, three copies each of all Drawings to the Independent Engineer Authority for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) b. By submitting the Drawings for review to the Independent EngineerAuthority, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
c. Within 45 (d) Within 15 (fifteenforty five) days of the receipt of the Drawings, the Authority, itself or through an Independent Engineer 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. The Concessionaire shall not be obliged to await the observations of the Authority or the Independent Engineer Engineer(s) on the Drawings submitted pursuant hereto beyond the said 15 45 (fifteenforty five) days period and may begin or continue Construction Works at its own discretion and risk;
(e) d. If the aforesaid observations of the Authority / Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) e. No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;; and
f. Within 60 (g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirtysixty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Scheduled Completion Date, 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 micro film digital form in a CD/ DVD/ USB or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Refurbishment and Development of Project Site as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilitiesthereof.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the ConcessionaireMine Operator's obligations relating to the Drawings of the Bus Terminal Mines as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire Mine Operator shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer in charge for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerEngineer in charge, the Concessionaire Mine Operator shall 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 Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and the Standard Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer in charge shall review the same and convey its observations to the Concessionaire Mine Operator with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Mine Operator shall not be obliged to await the observations of the Independent Engineer in charge on the Drawings 5 The construction of the Rail Track, if applicable, may be kept optional for the Authority. The Authority may construct the Rail Track at its own cost and responsibility or the Rail Track may be constructed by the Mine Operator and the cost of construction shall be reimbursed by the Authority. If the second option is undertaken, a suitable mechanism in consultation with CMPDI may be adopted by the Authority for reimbursement to the Mine Operator and shall be incorporated in the Clause/document. submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer in charge indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Mine Operator and resubmitted to the Independent Engineer in charge for review. The Independent Engineer in charge shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer in charge and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Mine Operator of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer in charge or the Authority be liable for the same in any manner;.
(g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire Mine Operator shall furnish to the Authority and the Independent Engineer in charge a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Mines as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Mines and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Contract Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementResort and Project Infrastructure, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three the copies each of all Drawings to the Independent Engineer Expert for review;. Such Drawings shall be prepared for a Resort of not less than [●] ([●]) Keys, taking into account the capacities envisaged under the Mandatory Development Obligation; 5 In the event the land is vacant, these Articles 12.1.2. and 12.1.3 shall be omitted.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, engineering are in conformity with the Scope of the Project and Project, the Specifications and Standards, Applicable Laws and Good Industry Practice;
(dc) Within within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Expert shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise with the Scope scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days specified period and may begin or continue Construction Development Works at its own discretion and risk;
(ed) If if the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Expert for reviewreview within 7 (seven) days. The Independent Engineer Expert shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No no review and/or or observation of the Independent Engineer Expert and/or its failure to review and/or or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Authority be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.3Article 12.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s]Resort, Workshop[s], Authority's Office Project Infrastructure and general arrangement drawings, drawings thereof and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 Article 12.2 shall apply mutatis mutandis to the review and comments hereunder; andthereunder;
(hg) Within within 90 (ninety) days of the Project Completion DateCOD of each Phase, 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 micro film form its editable digital format or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Resort and the Project Infrastructure, as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Resort and Project Infrastructure and setback lines, if any, of the buildings and structures forming part of Project Facilities.the Project. It is clarified that the Concessionaire shall submit the Drawings in accordance with Schedule D.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementResort and Project Infrastructure, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three the copies each of all Drawings to the Independent Engineer Expert for review;. Such Drawings shall be prepared for a Resort of not less than 150 (one hundred and fifty) Keys, taking into account the capacities envisaged under the Mandatory Development Obligation; 6 In the event the land is vacant, these Articles 12.1.2. and 12.1.3 shall be omitted.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, engineering are in conformity with the Scope of the Project and Project, the Specifications and Standards, Applicable Laws and Good Industry Practice;
(dc) Within within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Expert shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise with the Scope scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days specified period and may begin or continue Construction Development Works at its own discretion and risk;
(ed) If if the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Expert for reviewreview within 7 (seven) days. The Independent Engineer Expert shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No no review and/or or observation of the Independent Engineer Expert and/or its failure to review and/or or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Authority be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.3Article 12.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s]Resort, Workshop[s], Authority's Office Project Infrastructure and general arrangement drawings, drawings thereof and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within [30 (thirty) )] days of the receipt of such Drawings. The provisions of this Clause 12.3 Article 12.2 shall apply mutatis mutandis to the review and comments hereunder; andthereunder;
(hg) Within within 90 (ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Resort and the Project Infrastructure, as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Resort and Project Infrastructure and setback lines, if any, of the buildings and structures forming part of Project Facilities.the Project. It is clarified that the Concessionaire shall submit the Drawings in accordance with Schedule D.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Specifications and Standards;
(dc) Within within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If if the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No no review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority Government be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority Government for review and comments, its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plazas and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority Government shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority Government and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityGovernment, reflecting the Bus Terminal Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, engineering including field construction criteria related thereto, thereto are in conformity with the Scope of the Project and the Specifications and Standards;.
(dc) Within 15 (fifteen15(fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire with particular reference to their the conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings Drawing submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;..
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observationsobservation, if any, any within 7 (seven7(seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or and/ or its failure to review and/or and / or convey its observations observation on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority MPRDC be liable for the same in any manner;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority MPRDC for review and commentscomments , its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plaza(s) and general arrangement drawingsdrawing of major bridges, flyovers and grade separators, and the Authority MPRDC shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty30(thirty) days of the receipt of such Drawings. The provisions provision of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority MPRDC and the Independent Engineer a complete set of as-as- built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityMPRDC, reflecting the Bus Terminal Project Highway as actually designeddesigned , engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback set back lines, if any, of the buildings and structures forming part of the Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. 12.2.1 In respect of the Concessionaire's DEVELOPER’s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementResidential Property, the following shall apply:
(a) The Concessionaire DEVELOPER shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all structural Drawings duly proof checked by IIT or NIT or Jadavpur University to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire DEVELOPER shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire DEVELOPER with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire DEVELOPER shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire DEVELOPER and resubmitted to within 7 (seven) days from the date of the intimation by the Independent Engineer for reviewEngineer. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;; (time limit for contractor )
(fe) No review and/or observation of the Independent Engineer and/or its failure to review within a period of 07 days and/or convey its observations on any Drawings shall relieve the Concessionaire DEVELOPER of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority SH&DB be liable for the same in any manner;
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2.1, the Concessionaire DEVELOPER shall submit to the Authority SH&DB for review and comments, its Drawings relating to the Bus Terminalfinal Drawings, finished road level, location and overall layout of the ticket counter[s]demarcated residential zone, Workshop[s]plans of the proposed residential units, Authority's Office single-line electrical drawing, elevation, process flow chart for Water Lines and general arrangement drawingsSewer Lines, and the Authority shall have overall layout indicating the right but not internal road network, storm water drains, boundary wall, water reservoir tank and landscaping. For the obligation to undertake such review and provide its commentsavoidance of doubt, if any, within 30 (thirty) days it is clarified that in case of any inconsistency between the reviews of the receipt Independent Engineer and the SH&DB as regards any Drawings, the review of the SH&DB shall prevail to the extent of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunderinconsistency; and
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire DEVELOPER shall furnish to the Authority SH&DB and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthoritySH&DB, reflecting the Bus Terminal Residential Property as actually designed, engineered and constructed, including an as-built survey illustrating the layout drawings of the Bus Terminal and setback linesall structures, if any, of the buildings and structures forming part of Project Facilitiesinstruction manuals for supporting infrastructure.
Appears in 1 contract
Samples: Development Agreement
Drawings. In respect of the Concessionaire's obligations relating with respect to the Drawings of the Bus Terminal as set forth in this AgreementProject Facilities, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Facilities Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 10 (fifteenten) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 10 (fifteenten) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority Government be liable for the same in any manner;; and
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 Within 60 (thirtysixty) days of the receipt completion of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion DateFacility, the Concessionaire shall furnish to the Authority Government and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityGovernment, reflecting the Bus Terminal Project Facility as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementResort and Project Infrastructure, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three the copies each of all Drawings to the Independent Engineer Expert for review;. Such Drawings shall be prepared for a Resort of not less than 70 (seventy) Keys, taking into account the capacities envisaged under the Mandatory Development Obligation; 7 In the event the land is vacant, these Articles 12.1.2. and 12.1.3 shall be omitted.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, engineering are in conformity with the Scope of the Project and Project, the Specifications and Standards, Applicable Laws and Good Industry Practice;
(dc) Within within [15 (fifteen) )] days of the receipt of the Drawings, the Independent Engineer Expert shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise with the Scope scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days specified period and may begin or continue Construction Development Works at its own discretion and risk;
(ed) If if the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Expert for reviewreview within [7 (seven)] days. The Independent Engineer Expert shall give its observations, if any, within [7 (seven) )] days of receipt of the revised Drawings;
(fe) No no review and/or or observation of the Independent Engineer Expert and/or its failure to review and/or or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Authority be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.3Article 12.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s]Resort, Workshop[s], Authority's Office Project Infrastructure and general arrangement drawings, drawings thereof and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within [30 (thirty) )] days of the receipt of such Drawings. The provisions of this Clause 12.3 Article 12.2 shall apply mutatis mutandis to the review and comments hereunder; andthereunder;
(hg) Within within [90 (ninety) )] days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Resort and the Project Infrastructure, as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Resort and Project Infrastructure and setback lines, if any, of the buildings and structures forming part of Project Facilities.the Project. It is clarified that the Concessionaire shall submit the Drawings in accordance with Schedule D.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's Operator’s obligations relating to the Drawings of the Bus Terminal Maintenance Depot as set forth in this AgreementSchedule-F, the following shall apply:
(a) The Concessionaire Operator shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Maintenance Depot Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer Authority for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerAuthority, the Concessionaire Operator shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Authority shall review the same and convey its observations to the Concessionaire Operator with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Operator shall not be obliged to await the observations of the Independent Engineer Authority on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer Authority indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Operator and resubmitted to the Independent Engineer Authority for review. The Independent Engineer Authority shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer Authority and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Operator 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire Operator shall furnish to the Authority and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form its editable digital format or in such other medium and manner as may be acceptable to the Authority, reflecting the Bus Terminal Maintenance Depots as actually designed, engineered and constructed, including an as-as- built survey illustrating the layout of the Bus Terminal Maintenance Depots and setback lines, if any, of the buildings and structures forming part of Project Facilitiesstructures.
(g) The Operator has to prepare the all the Electrical Drawings to obtain permissions from CEIG besides has to prepare revised drawings whenever there are any addition and deletions to be done to the installation and the drawings are to be approved by CEIG.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's Operator’s obligations relating to the Drawings of the Bus Terminal Maintenance Depots as set forth in this AgreementSchedule-F, the following shall apply:
(a) The Concessionaire Operator shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedulepromptness, three 3 (three) copies each of all Drawings to the Independent Engineer Authority for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerAuthority, the Concessionaire Operator shall be deemed to have represented that it has determined and verified that the design and engineeringengineering of the Fit Out Works, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Agreement, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Authority shall review the same and convey its observations to the Concessionaire Operator with particular reference to their conformity or otherwise with the Scope of the Project Agreement and the Specifications and Standards. The Concessionaire Operator shall not be obliged to await the observations of the Independent Engineer Authority on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction the Fit Out Works at its own discretion and risk;. However, if the Authority fails to provide its observations on the Drawings submitted by the Operator within 30 (thirty) days of receipt of such Drawings, the Drawings shall be deemed to be approved subject to the Operator issuing a notice of reminder to the Authority at least 7 (seven) days prior to the expiry of the aforesaid 30 (thirty) day period. In the event of failure of the Authority to give any observation on the drawing within the aforesaid 15 days and the Operator having already commenced the fit out work with its drawings and thereafter the Authority decides to give the observation before the expiry of aforesaid 30 days; the Authority may unless there is substantial changes to be made in the drawings which if not made will not meet the Specifications and Standards within the Scope of the Agreement; approve the drawings being in conformity the Scope of the Agreement and the Specifications and Standards
(ed) If the aforesaid observations of the Independent Engineer Authority indicate that the Drawings are not in conformity with the Scope of the Project Agreement or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Operator within 7 days and resubmitted to the Independent Engineer Authority for review. The Independent Engineer Authority shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer Authority and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Operator 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project issuance of the Maintenance Depot Completion DateCertificate for each Maintenance Depot, the Concessionaire Operator shall furnish to the Authority and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form its editable digital format or in such other medium and manner as may be acceptable to the Authority, reflecting the Bus Terminal as Fit Out Works actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Maintenance Depots and setback lines, if any, of the buildings and structures forming part of Project Facilitiesstructures.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3(three) copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen15(fifteen) days of the receipt of the 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 Specifications, and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven7(seven) days of receipt of the revised Drawings;.
(fe) No review and/or and /or observation of the Independent Engineer and/or and /or its failure to review and/or convey its observations on any Drawings shall 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;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office level and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety90(ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. 12.4.1 In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-G, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of detailed conceptual plan, layout plan, detailed architectural and structural designs, engineering drawings, construction methodology, quality assurance procedures, and the procurement, engineering and construction time schedule (as required for proper execution and completion of the Project as envisaged by the Authority) in relevance to layout provided by Authority and all Drawings to the Independent Engineer Expert for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire shall be deemed to have represented that it has determined and verified that the site specific design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Specifications and Standards;; Applicable Laws and Good Industry Practice
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Expert 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the bythe Concessionaire and resubmitted to the Independent Engineer Expert for review. The Independent Engineer shall give Expert shallgive its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer Expert and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Authority be liable for the same in any manner;
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.4.1, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, including location and layout (as required for proper execution and completion of the ticket counter[s], Workshop[s], Project as envisaged by the Authority's Office and general arrangement drawings), and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this the Clause 12.3 12.4.1 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority and the Independent Engineer Expert a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered designed and constructeddeveloped, including an as-built survey illustrating the layout thelayout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
(h) The Concessionaire shall at its cost, charges and expenses, prepare the Structural Designs and engineering Drawings in conformity with the Scope of the Project, Specifications and Standards and other provisions of this Agreement, with due approval from Authority ( based on IE recommendation)
(i) Based on the approved detailed conceptual plan (as per Clause 2.1(a)) design and Drawings shall be developed in conformity with the Specifications and Standards set forth in Schedule-D. In the event, the Concessionaire requires any relaxation in design standards due to site conditions, the alternative design, criteria for such section shall be provided for review of the Independent Expert
(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 Designsand Drawings. Provided however the Authority at its sole discretion may suitably extend the Construction Period or provide other relief for any such delay not attributable to the Concessionaire.
(k) The Project shall be executed in accordance with the Drawings provided by the Concessionaire in accordance with the provisions of this Clause 12.4 and the observations of the Authority or Independent Expert thereon as communicated pursuant to the provisions of Clause 12.4. Such Drawings shall be amended or altered with prior approval of the Authority upon recommendation by the Independent Expert. If a Party becomes aware of an error or Defect of a technical nature in the designor Drawings, that Party shall promptly give notice to the other Party of such error or Defect and shall cause Suspension of Construction of such part of the Project.
(l) In the event that the Independent Expert has observed that the Designs and Drawings are not in conformity with the Project Requirements, the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Expert with regards its compliance.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Airport as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion ScheduleCompletion, 3 (three) three hard copies each and 1 (one) soft copy of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the 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;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminalalignment of Runway, finished road Runway level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Aeronautical Assets and general arrangement drawings, Terminal Building and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion DateCOD for each Phase, 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 micro film form its editable digital format or in such other medium and manner as may be acceptable to the Authority, reflecting the Bus Terminal Airport as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Airport and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. 12.4.1 In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of detailed conceptual plan, layout plan, detailed architectural and structural designs, engineering drawings, construction methodology, quality assurance procedures, and the procurement, engineering and construction time schedule (as required for proper execution and completion of the Project as envisaged by the Authority) in relevance to layout provided by Authority and all Drawings to the Independent Engineer Expert for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire shall be deemed to have represented that it has determined and verified that the site specific design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Specifications and Standards;; Applicable Laws and Good Industry Practice
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Expert 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Expert for review. The Independent Engineer Expert shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer Expert and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Authority be liable for the same in any manner;
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.4.1, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, including location and layout (as required for proper execution and completion of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, Project as envisaged by the Authority and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this the Clause 12.3 12.4.1 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority and the Independent Engineer Expert a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered designed and constructeddeveloped, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
(h) The Concessionaire shall at its cost, charges and expenses, prepare the Structural Designs and engineering Drawings in conformity with the Scope of the Project, Specifications and Standards and other provisions of this Agreement, with due approval from Authority ( based on IE recommendation)
(i) Based on the approved detailed conceptual plan (as per Clause 2.1(a)) design and Drawings shall be developed in conformity with the Specifications and Standards set forth in Schedule-D. In the event, the Concessionaire requires any relaxation in design standards due to site conditions, the alternative design, criteria for such section shall be provided for review of the Independent Expert
(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 Designs and Drawings. Provided however the Authority at its sole discretion may suitably extend the Construction Period or provide other relief to compensate for any such delay not attributable to the Concessionaire.
(k) Any cost or delay in Construction arising from the time taken for review of Drawings by the Independent Expert shall be borne by the Concessionaire and the Authority shall not be held liable for the same
(l) The Project shall be executed in accordance with the Drawings provided by the Concessionaire in accordance with the provisions of this Clause 12.4 and the observations of the Authority or Independent Expert thereon as communicated pursuant to the provisions of Clause 12.4. Such Drawings shall not be amended or altered without prior written notice to the Authority's Representative. If a Party becomes aware of an error or Defect of a technical nature in the design or Drawings, that Party shall promptly give notice to the other Party of such error or Defect and shall cause Suspension of Construction of such part of the Project.
(m) In the event that the Independent Expert has observed that the Designs and Drawings are not in conformity with the Project Requirements, the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Expert with regards its compliance.
Appears in 1 contract
Samples: Model Concession Agreement
Drawings. In I n respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal as set forth in this AgreementProject Facilities, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Facilities Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting submitt ing the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 10 (fifteenten) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto heret o beyond the said 15 10 (fifteenten) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If I f t he af oresaid observat ions of t he Engineer indicat e t hat the aforesaid observations of the Independent Engineer indicate that the Drawings Draw ings are not in conformity with the conformit y wit h t he Scope of the Project or the Specifications t he Specif icat ions and StandardsSt an dards, such Drawings su ch Draw ings shall be revised by the t h e Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or and/ or observation of the Independent Engineer and/or its and/ or it s failure to review and/or and/ or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority Government be liable for the same in any manner;; and
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirtyWithin 60 ( sixty) days of the receipt completion of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion DateFacility, the Concessionaire shall furnish to the Authority Government and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityGovernment, reflecting the Bus Terminal Project Facility as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating with respect to the Drawings of the Bus Terminal Project as set forth in this Agreement, Schedule-H the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus Terminal, finished road levelRopeway Facility, location and layout of the ticket counter[s], Workshop[s], Authority's Office Project and Project Facilities and general arrangement drawings, drawings and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-C, the following shall apply:
(a) a. The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 2 (two) copies each of all Drawings to the Authority and Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus TerminalEngineer.
(c) b. By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
c. Within 7 (d) Within 15 (fifteenseven) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 7 (fifteenseven) days period and may begin or continue Construction Works at its own discretion and risk;.
(e) d. If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire shall revise the Drawings and resubmitted resubmit to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe. If, within the period stipulated in the preceding Clauses 12.2.(c) and 12.2.(d), the Independent Engineer does not respond to the drawings submitted to it, the Concessionaire shall be entitled to proceed with the Construction Works on the basis of such drawings submitted by it to the Independent Engineer and intimate the same to the Authority. The same should be highlighted in the periodic reporting by the Concessionaire.
f. No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any the Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) g. Within 90 (ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-as- built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of Project FacilitiesAssets.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Rail System as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority Government be liable for the same in any manner;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority Government for review and comments, its Drawings relating to alignment of the Bus TerminalRail System, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office maintenance depots and general arrangement drawingsdrawings of major bridges and grade separators, and the Authority Government shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority Government and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityGovernment, reflecting the Bus Terminal Rail System as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Rail System and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect The bound set of Graphical Documents, identified in the following Schedule of Drawings, prepared specifically for the Project which includes: Drawings: G-001 COVER SHEET M-001 MECHANICAL GENERAL NOTES, LEGEND, ABBREVIATIONS, DETAILS AND SCHEDULES M-002 MECHANICAL SPECIFICATIONS MH101 MECHANICAL HVAC FLOOR PLAN E-001 ELECTRICAL LEGEND, ABBREVIATIONS, SCHEDULES AND LOAD SUMMARIES E-002 ELECTRICAL DETAILS AND RISER DIAGRAM E-003 ELECTRICAL GENERAL NOTES E-101 ELECTRICAL FLOOR PLAN The drawings and specifications are complementary, one to the other. That which is shown on the drawings or called for in the specifications shall be as binding as if it were both called for and shown. The intent of the Concessionaire's obligations relating drawings and specifications is to establish the Drawings scope of all labor, materials, transportation, equipment, and any and all other things necessary to provide a complete job. In case of discrepancy or disagreement in the Contract Documents, the order of precedence shall be: Form of Contract, specifications, large-scale detail drawings, small- scale drawings. In such cases where the nature of the Bus Terminal as set forth in this Agreementwork requires clarification by the Designer/ Owner, the following Designer/ Owner shall apply:
(a) The Concessionaire furnish such clarification. Clarifications and drawings shall prepare and submit, with reasonable promptness and in such sequence as is be consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope intent of the Project and the Specifications and Standards;
(d) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawingsContract Documents, and the Authority shall have the right but not the obligation to undertake such review and become a part thereof. Contractor shall provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority and the Independent Engineer a one complete set of legible “as-built Drawingsbuilt” marked-up construction drawings and specifications recording any and all changes made to the original design during the course of construction. In the event no changes occurred, submit construction drawings and specifications set with notation “No Changes.” The Designer/Owner must receive “As-built” marked-up construction drawings and specifications before the final pay request can be processed. The contractor shall maintain, in 2 (two) hard copies readable condition at his job site one complete set of working drawings and specifications for his work including all shop drawings. Such drawings and specifications shall be available for use by the owner, designer or his authorized representative. The contractor shall maintain at the job site, a day to day record of work in micro film form or in such other medium as may place that is at variance with the contract documents. Such variations shall be acceptable fully noted on project drawings by the contractor and submitted to the Authority, reflecting the Bus Terminal as actually designed, engineered designer upon project completion and constructed, including an as-built survey illustrating the layout no later than 30 days after acceptance of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilitiesproject.
Appears in 1 contract
Samples: Informal Contract
Drawings. In respect 2.3.1 The amount of each Drawing shall, subject to the following provisions of this clause 2.3, be for such amount as is specified in the Drawdown Notice for that Drawing.
2.3.2 Drawings may only be made on Business Days falling within the Availability Period.
2.3.3 Ancillary Cost Advances shall, subject to clause 3, only be available in minimum amounts of one million Dollars ($1,000,000) (provided that this threshold shall not apply to Ancillary Cost Advances drawn to pay the Ancillary Costs described in part (c) of the Concessionaire's obligations relating definition thereof) and shall only be available for application in or towards payment of expenditure which the Borrower has certified and evidenced in accordance with clause 3.1.4 and in any event an Ancillary Cost Advance shall only be available if such Ancillary Cost Advance will not, when aggregated with all previous Ancillary Cost Advances, equal a sum in excess of $36,000,000.
2.3.4 The Borrower shall be entitled to draw an Ancillary Cost Advance on the first Drawdown Date up to a maximum amount of $16,750,00021,200,000 for the purpose of repaying shareholder loans to the Drawings extent required to achieve a Borrower’s Leverage Ratio of 4:1.
2.3.5 Each Ancillary Cost Advance may be made on any date.
2.3.6 Contract Instalment Advances shall, subject always to clauses 2.1 and 3, be in the maximum amount not exceeding the relevant instalment amount of the Bus Terminal Contract Price set out in each column (3) of Part A of Schedule 7 as set forth such sumsinstalment amounts may be amended following any permitted increase in this Agreement, the following Contract Price and shall apply:
only be available for application (a) The Concessionaire shall prepare in or towards payment of instalments of the Contract Price which have become due and submit, with reasonable promptness and in such sequence as is consistent with payable by the Project Completion Schedule, three copies each of all Drawings Borrower pursuant to the Independent Engineer for review;
Building Contract or (b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over or towards reimbursement to the Authority after Borrower of such part of any instalment amount of the Concession Period Contract Price as set out in column (3) of Bus Terminal.
(c) By submitting Part A of Schedule 7 which has become due and payable by the Drawings for review Borrower pursuant to the Independent Engineer, Building Contract and which the Concessionaire shall be deemed to have represented that it Borrower has determined and verified that satisfied the design and engineering, including field construction criteria related thereto, are in conformity with Agent has been paid by the Scope Borrower or by the Sponsors on behalf of the Project and the Specifications and Standards;
(d) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project FacilitiesBorrower.
Appears in 1 contract
Drawings. In respect of the Concessionaire's Facility Owner’s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementProject, the following shall apply:
(a) The Concessionaire Facility Owner shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion ScheduleSchedule set forth in Schedule F, three 3 (three) copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire Facility Owner shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire Facility Owner with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Facility Owner shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire Facility Owner and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;; and
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Facility Owner of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority CEB be liable for the same in any manner;
(g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Interconnection Agreement
Drawings. In respect of the Concessionaire's Contractor’s obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire Contractor shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer Engineer-in-charge for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerProject Management Consultancy (PMC), the Concessionaire Contractor shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Project Management Unit (PMU) shall review the same and convey its observations to the Concessionaire Contractor with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Contractor shall not be obliged to await the observations of the Independent Engineer Project Management Unit (PMU) on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer Project Management Unit (PMU) indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Contractor and resubmitted to the Independent Engineer Engineer-in-charge for review. The Independent Engineer Project Management Unit (PMU) shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer Project Management Unit (PMU) and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Contractor of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Project Management Unit (PMU) or the Authority be liable for the same in any manner;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire Contractor shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office level and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire Contractor shall furnish to the Authority and the Independent Engineer Project Management Unit (PMU) a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-as- built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Contract Agreement
Drawings. In respect of the Concessionaire's Concessionaire‟s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;; Downloaded from xxx.xxxxxx.xxx
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[sTicket Counter[s], Workshop[s], Authority's Authority‟s Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementResort and Project Infrastructure, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three the copies each of all Drawings to the Independent Engineer Expert for review;. Such Drawings shall be prepared for a Resort of not less than 100 (one hundred ) Keys, taking into account the capacities envisaged under the Mandatory Development Obligation; 6 In the event the land is vacant, these Articles 12.1.2. and 12.1.3 shall be omitted.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, engineering are in conformity with the Scope of the Project and Project, the Specifications and Standards, Applicable Laws and Good Industry Practice;
(dc) Within within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Expert shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise with the Scope scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days specified period and may begin or continue Construction Development Works at its own discretion and risk;
(ed) If if the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Expert for reviewreview within 7 (seven) days. The Independent Engineer Expert shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No no review and/or or observation of the Independent Engineer Expert and/or its failure to review and/or or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Authority be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.3Article 12.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s]Resort, Workshop[s], Authority's Office Project Infrastructure and general arrangement drawings, drawings thereof and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within [30 (thirty) )] days of the receipt of such Drawings. The provisions of this Clause 12.3 Article 12.2 shall apply mutatis mutandis to the review and comments hereunder; andthereunder;
(hg) Within within 90 (ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Resort and the Project Infrastructure, as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Resort and Project Infrastructure and setback lines, if any, of the buildings and structures forming part of Project Facilities.the Project. It is clarified that the Concessionaire shall submit the Drawings in accordance with Schedule D.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementHealthcare Network including of the UPHCs, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 30 (fifteenthirty) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 30 (fifteenthirty) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawingsDrawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder. Provided that the Authority may form a committee comprising of members from Authority and DoHFW to review the Drawings and provide its comments to the Concessionaire on Authority’s behalf and if directed by Authority in writing; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Healthcare Network, as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback linesHealthcare Network, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal i Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plaza[s] and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) : The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) . By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;
(d) , Applicable Laws and Good Industry Practice. Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) . No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) . Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout construction of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawingsproject, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and
(h) . Within 90 (ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. For the sake of clarity it is stated again that the concessionaire shall submit the detailed design covering all structures and components involved in this project, which includes General Arrangement Drawings, conceptual drawings, schematic drawings, preliminary detailed drawings. All these drawings to be submitted to the Independent Engineer and the Authority for review. The Concessionaire shall in best of effort finalize all these drawings and the detailed construction drawing to be made available on prioritized works, in order to take up construction without delay. During the Construction Period all the required detailed construction drawings to be prepared and submitted to Independent Engineer and the Authority well in advance by the Concessionaire on priority in line with the project execution plan so that the construction of works are carried out as scheduled. In respect of the Concessionaire's Concessionaire‟s obligations relating to the Drawings of the Bus Terminal Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plaza and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and;
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback lines, if any, of the buildings and structures forming part of Project Facilities.; and
(h) If the Independent Engineer determines that for discharging its duties and functions under this Agreement, it requires any drawings other than those listed in Annex-I, it shall by notice, require the Concessionaire to prepare and furnish such drawings forthwith. Upon receiving a requisition to this effect, the Concessionaire shall promptly prepare and furnish such drawings to the Independent Engineer and the Authority for review and approval, as if such drawings formed part of Annex-I of this Schedule-H.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal Sports Infrastructure Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer Authority for reviewreview and comments;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
Within 45 (c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(d) Within 15 (fifteenforty five) days of the receipt of the Drawings, the Independent Engineer Authority 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 Project, the Specifications and Standards, the DPR. The For the avoidance of doubt, the Concessionaire shall not be obliged to await the observations of the Independent Engineer Authority on the Drawings submitted pursuant hereto and the Authority shall not unreasonably withhold its observations beyond the said 15 45 (fifteenforty five) days period and may begin or continue Construction Works at its own discretion and risk;
(ec) If the aforesaid observations of the Independent Engineer Authority indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, and the DPR, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Authority for review. The Independent Engineer Authority shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fd) No review and/or observation of the Independent Engineer Authority and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(he) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-the built survey up area illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of Sports Infrastructure Project and Project Facilities.
(f) Any submission of Drawings by the Concessionaire to the Authority under this Agreement or any other contractual arrangement, shall not amount to submission and/or fulfilment of the requirement as laid down under Applicable Law and the Concessionaire shall separately comply with statutory requirements.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the ConcessionaireMine Operator's obligations relating to the Drawings of the Bus Terminal Mines as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire Mine Operator shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire Mine Operator shall 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 Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Standard Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire Mine Operator with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Mine Operator shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Mine Operator and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Mine Operator 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire Mine Operator shall furnish to the Authority and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Mines as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Mines and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Coal Mining Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal theProject as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office level and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.Clause
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Rail System as set forth in this AgreementSchedule-H, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and submit the Drawings along with its observations to MOR and the Concessionaire with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. Within 15 (fifteen) days of the receipt of the comments from the Independent Engineer, MOR may review the same and convey its observations to the Concessionaire and the Independent Engineer with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer MOR on the Drawings submitted pursuant hereto beyond the said 15 30 (fifteenthirty) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If if the aforesaid observations of MOR and/or the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer and MOR for reviewreview within 7 (seven) days of receipt of observations of MOR and/or the Independent Engineer. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings, and within 15 (fifteen) days of the receipt of the comments from the Independent Engineer, if any, MOR shall review the same and convey its observations, if any, to the Concessionaire and the Independent Engineer;
(fe) No no review and/or observation of the Independent Engineer and/or MOR and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority MOR be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.3Clause12.2, the Concessionaire shall submit to the Authority MOR for review review, comments and commentsapproval, its Drawings relating to the Bus Terminal, finished road level, location and layout [alignment of the ticket counter[sRail System, ***], Workshop[s], Authority's Office and general arrangement drawings††, and the Authority MOR shall have the right but not the obligation to undertake such review and provide its approvals and/or comments, if any, within 30 60 (thirtysixty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder. For the avoidance of doubt, it is agreed that if MOR does not deny the approval or convey its comments/observations within a period of [60 (sixty)] days of the receipt of such Drawings, the approval shall be deemed to have been granted; and
(hg) Within within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire shall furnish to the Authority MOR and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityMOR, reflecting the Bus Terminal Rail System as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Rail System and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Construction Agreement
Drawings. In respect of the ConcessionaireMine Operator's obligations relating to the Drawings of the Bus Terminal theMines as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire Mine Operator shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the submitted Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer in charge for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerEngineer in charge, the Concessionaire Mine Operator shall 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 Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and the Standard Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer in charge shall review the same and convey its observations to the Concessionaire Mine Operator with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Mine Operator shall not be obliged to await the observations of the Independent Engineer in charge on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer in charge indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Mine Operator and resubmitted to the Independent Engineer in charge for review. The Independent Engineer in charge shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer in charge and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Mine Operator of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer in charge or the Authority be liable for the same in any manner;.
(g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire Mine Operator shall furnish to the Authority and the Independent Engineer theEngineerin charge a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form soft copy or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Mines as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Mines and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Contract Agreement
Drawings. In respect of the ConcessionaireMine Operator's obligations relating to the Drawings of the Bus Terminal Mines as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire Mine Operator shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer in charge for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerEngineer in charge, the Concessionaire Mine Operator shall 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 Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and the Standard Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer in charge shall review the same and convey its observations to the Concessionaire Mine Operator with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Mine Operator shall not be obliged to await the observations of the Independent Engineer in charge on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer in charge indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Mine Operator and resubmitted to the Independent Engineer in charge for review. The Independent Engineer in charge shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer in charge and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Mine Operator of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer in charge or the Authority be liable for the same in any manner;.
(g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire Mine Operator shall furnish to the Authority and the Independent Engineer in charge a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Mines as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Mines and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Model Contract Agreement
Drawings. 12.4.1 In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-G, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of detailed conceptual plan, layout plan, detailed architectural and structural designs, engineering drawings, construction methodology, quality assurance procedures, and the procurement, engineering and construction time schedule (as required for proper execution and completion of the Project as envisaged by the Authority) in relevance to layout provided by Authority and all Drawings to the Independent Engineer Expert for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire shall be deemed to have represented that it has determined and verified that the site specific design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Specifications and Standards;; Applicable Laws and Good Industry Practice
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Expert 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the bythe Concessionaire and resubmitted to the Independent Engineer Expert for review. The Independent Engineer shall give Expert shallgive its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer Expert and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Authority be liable for the same in any manner;
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.4.1, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, including location and layout (as required for proper execution and completion of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, Project as envisaged by the Authority and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this the Clause 12.3 12.4.1 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority and the Independent Engineer Expert a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered designed and constructeddeveloped, including an as-built survey illustrating the layout thelayout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
(h) The Concessionaire shall at its cost, charges and expenses, prepare the Structural Designs and engineering Drawings in conformity with the Scope of the Project, Specifications and Standards and other provisions of this Agreement, with due approval from Authority ( based on IE recommendation)
(i) Based on the approved detailed conceptual plan (as per Clause 2.1(a)) design and Drawings shall be developed in conformity with the Specifications and Standards set forth in Schedule-D. In the event, the Concessionaire requires any relaxation in design standards due to site conditions, the alternative design, criteria for such section shall be provided for review of the Independent Expert
(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 Designsand Drawings. Provided however the Authority at its sole discretion may suitably extend the Construction Period or provide other relief to compensate for any such delay not attributable to the Concessionaire.
(k) The Project shall be executed in accordance with the Drawings provided by the Concessionaire in accordance with the provisions of this Clause 12.4 and the observations of the Authority or Independent Expert thereon as communicated pursuant to the provisions of Clause 12.4. Such Drawings shall be amended or altered with approval of the Authority upon recommendation by the Independent Expert. If a Party becomes aware of an error or Defect of a technical nature in the designor Drawings, that Party shall promptly give notice to the other Party of such error or Defect and shall cause Suspension of Construction of such part of the Project.
(l) In the event that the Independent Expert has observed that the Designs and Drawings are not in conformity with the Project Requirements, the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Expert with regards its compliance.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this Agreement, the following shall apply:3.1 LIQUIDITY DRAW
(a) The Concessionaire shall prepare and submitSubject to this agreement, with reasonable promptness and if on any Determination Date the Trust Manager determines that there is a Liquidity Shortfall in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings relation to the Independent Engineer for review;Collection Period ending immediately prior to the Determination Date, the Trust Manager must direct the Trustee to and the Trustee shall (subject to this agreement and the Series Notice) request a Liquidity Draw by giving to the Liquidity Provider a Drawdown Notice.
(b) The Concessionaire shall clearly specify A Drawdown Notice must be:
(i) in writing;
(ii) in or substantially in the Drawings form of Annexure A;
(iii) signed by an Authorised Signatory of the area of Bus Terminal, Project Facilities and associated circulation area Trustee; and
(iv) given not later than 11.00am (Sydney time) on the Remittance Date following that shall be handed over to the Authority after the Concession Period of Bus TerminalCollection Period.
(c) By submitting The amount requested in a Drawdown Notice must be the Drawings for review lesser of:
(i) the relevant Liquidity Shortfall; and
(ii) subject to the Independent Engineerparagraph (d), the Concessionaire shall be deemed to have represented Available Liquidity Amount at that it has determined and verified that the design and engineering, including field construction criteria related thereto, are in conformity with the Scope of the Project and the Specifications and Standards;time.
(d) Within 15 If:
(fifteeni) days the aggregate of all payments required to be made under clauses 6.10
(a) (i) to (iii) inclusive of the receipt of Series Notice on the Drawingsrelevant Payment Date; plus
(ii) the outstanding Liquidity Draws due to be repaid on that date; minus
(iii) the Available Income for the relevant Collection Period; is equal to or less than the Liquidity Limit, the Independent Engineer calculation of Available Liquidity Amount in paragraph (c)(ii) shall review assume the same and convey its observations repayment of all Liquidity Draws due to be repaid on or before the Concessionaire with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;relevant Drawdown Date.
(e) If The Trustee irrevocably authorises the aforesaid observations of the Independent Engineer indicate that the Drawings Liquidity Provider to apply against a Liquidity Draw provided on any Drawdown Date all amounts which are not assumed to have been applied in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised repaying previous Liquidity Draws as contemplated by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 paragraph (seven) days of receipt of the revised Drawings;d).
(f) No review and/or observation In the case of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;a Liquidity Draw provided:
(gi) Without prejudice in accordance with paragraph (c)(i); or -------------------------------------------------------------------------------- Page 5 XXXXX XXXXX & XXXXXXX -------------------------------------------------------------------------------- SERIES 1999-1G WST TRUST LIQUIDITY FACILITY AGREEMENT
(ii) following an application of paragraph (d), the Liquidity Provider will only be required to advance to the foregoing provisions of this Clause 12.3, Trustee the Concessionaire shall submit difference (if any) between the Liquidity Draw and the Available Liquidity Amount immediately prior to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion relevant Drawdown Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Liquidity Facility Agreement (Westpac Securitisation Management Pty LTD)
Drawings. In respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal as set forth in this Agreement, the following shall apply:of
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Project Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Port and general arrangement drawingsdrawings of major structures, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Project Bus Terminal Port as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Project Bus Terminal Port and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of After approving the Concessionaire's obligations relating Additional Programming Information, Landlord shall cause the Architect to prepare and deliver to Tenant the Drawings of final architectural (and, if applicable, structural) working drawings for the Bus Terminal as set forth Tenant Improvement Work that are in this Agreement, the following shall apply:
a form that (a) The Concessionaire shall prepare when combined with any Approved Additional Programming Information that is not expressly incorporated into such working drawings, will be sufficient to enable the Contractor (defined in Section 3.1 below) and submitits subcontractors to bid on the Tenant Improvement Work, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) when combined with any Engineering Drawings that satisfy the Engineering Requirements (defined in Section 3.2.1 below), will be sufficient to obtain the Permits (defined in Section 3.3 below) (the “Architectural Drawings”). The Concessionaire Architectural Drawings shall clearly conform to the Approved Space Plan and the Approved Additional Programming Information. The Architect’s preparation and delivery of the Architectural Drawings shall occur within 10 business days after the later of Landlord’s approval of the Additional Programming Information or the mutual execution and delivery of this Agreement. Tenant shall approve or disapprove the Architectural Drawings by notice to Landlord. If Tenant disapproves the Architectural Drawings, Tenant’s notice of disapproval shall specify any revisions Tenant desires in the Architectural Drawings. After receiving such notice of disapproval, Landlord shall cause the Architect to revise the Architectural Drawings and resubmit them to Tenant, taking into account the area of Bus Terminalreasons for Tenant’s disapproval; provided, Project Facilities and associated circulation area however, that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(d) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire Landlord shall not be obliged required to await cause the observations of Architect to make any revision to the Independent Engineer on the Architectural Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity conflicts with the Scope Landlord Requirements or is otherwise reasonably disapproved by Landlord. Such revision and resubmission shall occur within five (5) business days after the later of the Project Landlord’s receipt of Tenant’s notice of disapproval or the Specifications mutual execution and Standardsdelivery of this Agreement if such revision is not material, and within such longer period of time as may be reasonably necessary (but not more than 15 business days after the later of such receipt or such mutual execution and delivery) if such revision is material. Such procedure shall be repeated as necessary until Tenant has approved the Architectural Drawings. Such approved Architectural Drawings shall be revised by referred to herein as the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised “Approved Architectural Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.”
Appears in 1 contract
Samples: Office Lease (Kempharm, Inc)
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this Agreement, the following shall apply:
(a) The Concessionaire shall prepare Based upon and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope Final Space Plan, Landlord shall cause its architect (the “Architect”) and engineers (the “Engineers”) to prepare and deliver to Tenant, for Tenant’s approval, detailed specifications and engineered working drawings for the improvements shown on the Final Space Plan (the “Working Drawings”). The Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Project Building. To the extent that the finishes and specifications are not completely set forth in the Specifications and Standards;
(d) Within 15 (fifteen) days Final Space Plan for any portion of the Landlord’s Work depicted thereon, the actual specifications and finish work shall be in accordance with the specifications for the Building’s standard tenant improvement items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that Tenant may only disapprove the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such three (3) business days period, specific changes proposed by Tenant which are consistent with the Final Space Plan and do not constitute changes which would result in any of the circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause the Architect and Engineers to revise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the Independent Engineer same shall review be known as the same “Approved Working Drawings.” The Final Space Plan, Working Drawings 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Approved Working Drawings shall be revised by collectively referred to herein, as the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised “Construction Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.”
Appears in 1 contract
Drawings. In respect of After approving the Concessionaire's obligations relating Additional Programming Information, Landlord shall cause the Architect to prepare and deliver to Tenant the Drawings of final architectural (and, if applicable, structural) working drawings for the Bus Terminal as set forth Tenant Improvement Work that are in this Agreement, the following shall apply:
a form that (a) The Concessionaire shall prepare when combined with any Approved Additional Programming Information that is not expressly incorporated into such working drawings, will be sufficient to enable the Contractor (defined in Section 3.1 below) and submitits subcontractors to bid on the Tenant Improvement Work, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) when combined with any Engineering Drawings that satisfy the Engineering Requirements (defined in Section 3.2.1 below), will be sufficient to obtain the Permits (defined in Section 3.3 below) (for purposes of this Exhibit B, the “Architectural Drawings”). The Concessionaire Architectural Drawings shall clearly conform to the Approved Space Plan and the Approved Additional Programming Information. The Architect’s preparation and delivery of the Architectural Drawings shall occur within 10 business days after the later of Landlord’s approval of the Additional Programming Information or the mutual execution and delivery of this Agreement. Tenant shall approve or disapprove the Architectural Drawings by notice to Landlord. If Tenant disapproves the Architectural Drawings, Tenant’s notice of disapproval shall specify any revisions Tenant desires in the Architectural Drawings. After receiving such notice of disapproval, Landlord shall cause the Architect to revise the Architectural Drawings and resubmit them to Tenant, taking into account the area of Bus Terminalreasons for Tenant’s disapproval; provided, Project Facilities and associated circulation area however, that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(d) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire Landlord shall not be obliged required to await cause the observations of Architect to make any revision to the Independent Engineer on the Architectural Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity conflicts with the Scope Landlord Requirements or is otherwise reasonably disapproved by Landlord. Such revision and resubmission shall occur within five (5) business days after the later of the Project Landlord’s receipt of Tenant’s notice of disapproval or the Specifications mutual execution and Standardsdelivery of this Agreement if such revision is not material, and within such longer period of time as may be reasonably necessary (but not more than 15 business days after the later of such receipt or such mutual execution and delivery) if such revision is material. Such procedure shall be repeated as necessary until Tenant has approved the Architectural Drawings. Such approved Architectural Drawings shall be revised by referred to herein as the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised “Approved Architectural Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.”
Appears in 1 contract
Drawings. In respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) : The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) ; By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(d) ; Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) ; If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) ; No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) ; Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plazas and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) and Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback lines, if any, of the buildings and structures forming part of Project Facilities. [Six-Laning] of the Project Highway On or after the Appointed Date, the Concessionaire shall undertake construction of [Six-Laning] as specified in Schedule-B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The 650th (six hundred and fiftieth) day from the Appointed Date shall be the scheduled date for completion of [Six-Laning], (the “Scheduled [Six-Laning] Date”). The Concessionaire shall construct the Project Highway 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 a period of 90 (ninety) days from the date set forth for such Milestone in Schedule-G, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until such Milestone is achieved; provided that if any or all Project Milestones or the Scheduled [Six-Laning] 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 Project Completion Date is achieved on or before the Scheduled [Six-Laning] Date, the Damages paid under this Clause 12.4.2 shall be refunded by the Authority to the Concessionaire, but without any interest thereon. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 12.4.2 shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. In the event that [Six-Laning] is not completed within 270 (two hundred and seventy) days from the Scheduled [Six-Laning] 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. (Deleted) Construction of service roads by the Authority7 The Authority shall, at any time after the 8th (eighth) anniversary of the Appointed Date, be entitled in its discretion to undertake at its cost, 7 Clause 12.7 may be omitted if the option of adding service roads is not to be retained for the Project. construction of service roads on the Project Highway in accordance with the specifications and standards applicable to other district roads (ODRs) in the State. Such construction shall be undertaken without causing undue disruption to traffic and upon its completion, the Concessionaire shall have the obligation to maintain the service roads in accordance with Good Industry Practice and regulate the use thereof in accordance with the provisions of this Agreement.
Appears in 1 contract
Samples: Model Concession Agreement
Drawings. In respect Funds under this Letter of Credit are available to you against (i) your draft, stating on its face: "Drawn under Irrevocable Letter of Credit No. , dated December 17, 1992", and (ii) the Concessionaire's obligations relating appropriate certificate specified below, purportedly executed by you and appropriately completed. Exhibit Setting Forth Type of Drawing Form of Certificate Required Tender Drawing Exhibit 1 (as hereinafter defined) Redemption/Mandatory Exhibit 2 Purchase Drawing (as hereinafter defined) Interest Drawing Exhibit 3 (as hereinafter defined) Drafts and certificates hereunder shall be dated the date of presentation and shall be presented at our office located at Two Paces West, 2727 Paces Ferry Road, Suite 1200, Atlanta, Georgia 30000, Xxxxxxxxx: Xxxxx Xxxxx (xxxxxxxxx: (000) 000-0000) (or at such otxxx xxxxxx as we may desxxxxxx xx xxxxten notice to the Drawings you). Presentation of the Bus Terminal as set forth in this Agreement, the following shall apply:
such drafts and certificates may be made (a) The Concessionaire shall prepare by physical presentation of such drafts and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
certificates or (b) The Concessionaire by facsimile transmission of such drafts and certificates received by us at (404) 319-4950 (or at such other number as we may desixxxxx xx xxxxxen notice to you) with prior telephone notice to us at (404) 319- 4836, Attention: Clare Coyne, (or at such other number as we may designxxx xx xxxxten notice to you) that such presentation is to be made by facsimile transmission and with the original executed drafts and certificates to be received by us not later than our close of business on the next business day, it being understood that payments hereunder shall clearly specify be made upon receipt by us of such facsimile transmission; provided, however, that presentations of drafts and certificates relating to Tender Drawings in respect of Eligible Bonds in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that Flexible Mode shall in all instances be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, are made in conformity accordance with the Scope of the Project foregoing clause (b). Drafts drawn under and the Specifications and Standards;
(d) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise in strict compliance with the Scope terms of the Project and the Specifications and Standards. The Concessionaire shall not this Letter of Credit will be obliged duly honored by us upon presentation thereof in accordance with this Paragraph 3 if presented on or prior to await the observations of the Independent Engineer 4:00 P.M. (New York City time) on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium Credit Termination Date as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.follows:
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (North Atlantic Energy Corp /Nh)
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementSchedule-H, the following shall apply:: from
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;; xxx.xxxxxx.xxx Downloaded
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[sTicket Counter[s], Workshop[s], Authority's ’s Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.. from
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the ConcessionaireDeveloper's obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementProject Facilities, the following shall apply:
(a) The Concessionaire Developer shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer NRDA for reviewreview along with soft copies which can be edited;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerNRDA, the Concessionaire Developer shall 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 Scope of the Project Project, Approved DPR and the Specifications Standards and StandardsSpecifications;
(dc) Within 15 30 (fifteenthirty) days of the receipt of the Drawings, the Independent Engineer NRDA shall review the same and convey its observations to the Concessionaire Developer with particular reference to their conformity or otherwise with the Scope of the Project Project, Approved DPR and the Specifications Standards and StandardsSpecifications. The Concessionaire Developer shall not be obliged to await the observations of the Independent Engineer NRDA on the Drawings submitted pursuant hereto beyond the said 15 30 (fifteenthirty) days period and may begin or continue Construction Works at its own discretion and risk, but only after notifying NRDA in writing;
(ed) If the aforesaid observations of the Independent Engineer NRDA indicate that the Drawings are not in conformity with the Scope of the Project or Approved DPR or the Specifications Standards and StandardsSpecifications, such Drawings shall be revised by the Concessionaire Developer and resubmitted to the Independent Engineer NRDA for review. The Independent Engineer NRDA shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer NRDA and/or its failure to review and/or convey its observations on any Drawings shall not relieve the Concessionaire Developer of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority NRDA be liable for the same in any manner;
(g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project issue of Completion DateCertificate for a Phase, the Concessionaire Developer shall furnish to the Authority and the Independent Engineer NRDA a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form soft copies, which can be edited, or in such other medium as may be acceptable to the AuthorityNRDA, reflecting the Bus Terminal Project Facilities as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Drawings. In respect of the Concessionaire's obligations relating with respect to the Drawings of the Bus Terminal as set forth in this AgreementMandatory Development Obligations, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion ScheduleDPR, three copies each of all Drawings to the Independent Engineer Authority for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerAuthority, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 45 (fifteenforty-five) days of the receipt of the Drawings, the Authority, itself or through an Independent Engineer 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. The Concessionaire shall not be obliged to await the observations of the Authority or the Independent Engineer Engineer(s) on the Drawings submitted pursuant hereto beyond the said 15 45 (fifteenforty-five) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Authority / Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;; and
f) Within 60 (g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirtysixty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Scheduled Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Mandatory Development Obligations as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilitiesthereof.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's Operator’s obligations relating to the Drawings of the Bus Terminal Maintenance Depot as set forth in this AgreementSchedule-F, the following shall apply:
(a) The Concessionaire Operator shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Maintenance Depot Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer Authority for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerAuthority, the Concessionaire Operator shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Project, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Authority shall review the same and convey its observations to the Concessionaire Operator with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Operator shall not be obliged to await the observations of the Independent Engineer Authority on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer Authority indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Operator and resubmitted to the Independent Engineer Authority for review. The Independent Engineer Authority shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer Authority and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Operator 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire Operator shall furnish to the Authority and the Independent Engineer a complete set of as-as- built Drawings, in 2 (two) hard copies and in micro film form or its editable digital formator in such other medium and manner as may be acceptable to the Authority, reflecting the Bus Terminal Maintenance Depots as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Maintenance Depots and setback lines, if any, of the buildings and structures forming part of Project Facilitiesstructures.
(g) The Operator has to prepare the all the Electrical Drawings to obtain permissions from CEIG besides has to prepare revised drawings whenever there are any addition and deletions to be done to the installation and the drawings are to be approved by CEIG.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect 2.3.1 The amount of each Drawing shall, subject to the following provisions of this clause 2.3, be for such amount as is specified in the Drawdown Notice for that Drawing.
2.3.2 Drawings may only be made on Business Days falling within the Availability Period.
2.3.3 Ancillary Cost Advances shall, subject to clause 3, only be available in minimum amounts of one million Dollars ($1,000,000) (provided that this threshold shall not apply to Ancillary Cost Advances drawn to pay the Ancillary Costs described in part (c) of the Concessionaire's obligations relating definition thereof) and shall only be available for application in or towards payment of expenditure which the Borrower has certified and evidenced in accordance with clause 3.1.4 and in any event an Ancillary Cost Advance shall only be available if such Ancillary Cost Advance will not, when aggregated with all previous Ancillary Cost Advances, equal a sum in excess of $36,000,000.
2.3.4 The Borrower shall be entitled to draw an Ancillary Cost Advance on the first Drawdown Date up to a maximum amount of $16,750,00021,200,000 for the purpose of repaying shareholder loans to the Drawings extent required to achieve a Borrower’s Leverage Ratio of 4:1.
2.3.5 Each Ancillary Cost Advance may be made on any date.
2.3.6 Contract Instalment Advances shall, subject always to clauses 2.1 and 3, be in the maximum amount not exceeding the relevant instalment amount of the Bus Terminal Contract Price set out in each column (3)_of Part A of Schedule 7 as set forth such sumsinstalment amounts may be amended following any permitted increase in this Agreement, the following Contract Price and shall apply:
only be available for application (a) The Concessionaire shall prepare in or towards payment of instalments of the Contract Price which have become due and submit, with reasonable promptness and in such sequence as is consistent with payable by the Project Completion Schedule, three copies each of all Drawings Borrower pursuant to the Independent Engineer for review;
Building Contract or (b) The Concessionaire in or towards reimbursement to the Borrower of such part of any instalment amount of the Contract Price as set out in column (3)_of Part A of Schedule 7 which has become due and payable by the Borrower pursuant to the Building Contract and which the Borrower has satisfied the Agent has been paid by the Borrower or by the Sponsors on behalf of the Borrower.
2.3.7 No Drawing shall clearly specify be available to the Borrower unless (a) the Agent or the Borrower shall have first received such amount (the “Relevant Amount”) by way of contributions of Minimum Borrower Shareholders’ Equity and/or Additional Shareholders’ Equity which, when aggregated with the amounts received by the Agent from the Lenders in respect of such Drawing (and in the case of amounts received by the Borrower, the Agent is satisfied that such amount is or has been or is to be applied in meeting the instalments of Contract Price or Ancillary Cost in respect of which the relevant Drawing is to be applied (and for the avoidance of doubt the instalments of Ancillary Costs in respect of which Drawings are to be applied shall not when aggregated with all Ancillary Costs in respect of which an Ancillary Cost Advance has been made exceed $36,000,000)) is equal to or greater than one fifth (1/5th) of the area Total Project Cost as at the date of Bus Terminal, Project Facilities the relevant Drawing (and associated circulation area that including such Drawing) and (b) the aggregate of the Drawing and the Relevant Amount shall be handed over not less than the total amount of the relevant Ancillary Costs and/or the relevant instalment of the Contract Price in respect of which the relevant Drawing is to the Authority after the Concession Period of Bus Terminalbe applied.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 2.3.8 The aggregate amount which may 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 Scope of the Project and the Specifications and Standards;
(d) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities drawn down under this Agreement shall never exceed the lesser of (a) 80% of the Total Project Cost and (b) $210,000,000.
2.3.9 Each Drawing (together with the Relevant Amount of the Minimum Borrower Shareholders’ Equity and/or Additional Shareholders’ Equity paid to the Agent pursuant to clause 2.9 in respect of that Drawing) shall unless the Agent shall determine otherwise be paid by the Agent on behalf of the Borrower directly to the payee(s) in respect of which such Drawing is made provided that in respect of any manner nor Ancillary Cost in respect of which an Ancillary Cost Advance may be made under this Agreement (excluding for these purposes the KEIC Insurance Premium) of less than $1,000,000 in aggregate or where the Agent is satisfied that the Borrower has settled the amount due to any such payee(s) in full the Agent shall pay that part of the Independent Engineer relevant Drawing directly to the Borrower.
2.3.10 The Subject to clause 2.3.14, the Agent shall be entitled to set off from any Drawing any interest, fees or commissions or other sums due and payable by the Authority be liable for Borrower to the Lenders or any of them and/or to the Agent and/or to the Security Trustee and/or to the KEIC Agent and/or to the Swap Providers under this Agreement or any of the other Security Documents and to apply the same in settlement of such interest, fees or commissions or other sums so due and payable.
2.3.11 The first Drawing (which includes the first Contract Instalment Advance) shall be pro rated between-the-Buyer-Credit-and the Cemmercial Loan PROVIDED THAT any manner;
(g) Without prejudice Ancillary Cost Advance included in such Drawing, including but-not limited to the foregoing provisions KEIC Premiumr shall be funded 100% by the portion of this Clause 12.3, such Drawing funded by the Concessionaire Commercial-Loan. The-remaining components of sueh Drawing shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout be funded by such percentage of the ticket counter[s]Buyer Credit and Commercial Loan as is required to ensure that such Drawing, Workshop[s]taken as a whole, Authority's Office and general arrangement drawings, is pro-rated between the Buyer Credit and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project FacilitiesCommercial Loan.
Appears in 1 contract
Drawings. In respect of the Concessionaire's Concessionaire‟s obligations relating to the Drawings of the Bus Terminal Rail System as set forth in this AgreementSchedule-F, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for reviewEngineer;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and submit the Drawings along with its observations to MOR and the Concessionaire with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. Within 15 (fifteen) days of the receipt of the comments from the Independent Engineer, MOR may review the same and convey its observations to the Concessionaire and the Independent Engineer with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer MOR on the Drawings submitted pursuant hereto beyond the said 15 30 (fifteenthirty) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If if the aforesaid observations of MOR and/or the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer and MOR for reviewreviewwithin 7 (seven) days of receipt of observations of MOR and/or the Independent Engineer. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised DrawingsDrawings with particular reference to their conformity or otherwise with the comments given by the Independent Engineer and MOR on the initial submission, and within 15 (fifteen) days of the receipt of the comments from the Independent Engineer, if any, MOR may review the same and convey its observations, if any, to the Concessionaire and the Independent Engineer;
(fe) No no review and/or observation of the Independent Engineer and/or MOR and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority MOR be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority MOR for review review, comments and commentsapproval, its Drawings relating to the Bus Terminal, finished road level, location and layout [alignment of the ticket counter[sRail System, ***], Workshop[s], Authority's Office and general arrangement drawings6, and the Authority MOR shall have the right but not the obligation to undertake such review and provide its approvals and/or comments, if any, within 30 60 (thirtysixty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder. For the avoidance of doubt, it is agreed that if MOR does not deny the approval or convey its comments/observations within a period of [60 (sixty)] days of the receipt of such Drawings, the approval shall be deemed to have been granted; and
(hg) Within within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire shall furnish to the Authority MOR and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film electronic form or in such other medium as may be acceptable to the AuthorityMOR, reflecting the Bus Terminal Rail System as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Rail System and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Construction Agreement
Drawings. In respect of the Concessionaire's obligations relating with regard to the detailed Drawings of the Bus Terminal as set forth in this AgreementProject, the following shall apply:
(a) The Concessionaire shall prior to undertaking any construction works, prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three two copies each of all Drawings to the Independent Engineer Authority for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerAuthority, the Concessionaire shall 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 Applicable Law, Applicable Permits, Scope of the Project Project, safety requirements, Specifications, including detailed layout plans submitted/ approved under the Forest Clearance for obtaining Stage 2 clearance, development norms under the Eco-Tourism guidelines of Government of Punjab and the Specifications and StandardsGovernment of India;
(dc) Within 15 30 (fifteenthirty) days of the receipt of the Drawings or set of Drawings, the Independent Engineer Authority in consultation with the Supervision Committee, shall review the same and convey andconvey its observations to the Concessionaire with particular reference to their conformity theirconformity or otherwise with the Applicable Law, Applicable Permits, safety requirements, Scope of the Project and the Specifications Specifications, including detailed layout plans submitted/ approved under the Forest Clearance for obtaining Stage 2 clearance, development norms under the Eco-Tourism guidelines of Government of Punjab and Standards. The Concessionaire shall not be obliged to await Government of India;
(d) If the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer Authority indicate that the Drawings are not in conformity with the Scope any of the Project or the Specifications and Standardsaforesaid requirements, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Authority for reviewreview within a period of 20 (twenty) days from the receipt of the observations. The Independent Engineer Authority shall give its observations, if any, within 7 15 (sevenfifteen) days of receipt of the revised Drawings;
(fe) No review and/or and/ or observation of the Independent Engineer Authority and/or its failure to review and/or and/ or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Supervision Committee or the Authority be liable for the same in any manner;
(g) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority and the Independent Engineer Supervision Committee a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project and Project Facilities as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project and Project Facilities and setback lines, if any, of the buildings and structures forming part of the Project and Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's Concessionaire‟s obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementSchedule-H, the following shall apply:: from
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;; Downloaded
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;; xxx.xxxxxx.xxx
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[sTicket Counter[s], Workshop[s], Authority's Authority‟s Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal village Rampur to Naina Devi Ji Ropeway as set forth in this AgreementSchedule-H, the following shall apply:
(a1) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c2) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and CEN Standards;.
(d3) Within 15 21 (fifteentwenty one) days of the receipt of the 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 CEN Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 21 (fifteentwenty-one) days period and may begin or continue Construction Works at its own discretion and risk;.
(e4) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and CEN Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(f5) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;.
(g6) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority Independent Engineer for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout alignment of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, village Rampur to Naina Devi Ji Ropeway and the Authority Independent Engineer shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and.
(h7) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority Independent Engineer and the Independent Engineer Authority a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal village Rampur to Naina Devi Ji Ropeway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal village Rampur to Naina Devi Ji Ropeway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementResort and Project Infrastructure, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three the copies each of all Drawings to the Independent Engineer Expert for review;. Such Drawings shall be prepared for a Resort of not less than 70(seventy) Keys, taking into account the capacities envisaged under the Mandatory Development Obligation; 6 In the event the land is vacant, these Articles 12.1.2. and 12.1.3 shall be omitted.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, engineering are in conformity with the Scope of the Project and Project, the Specifications and Standards, Applicable Laws and Good Industry Practice;
(dc) Within within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Expert shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise with the Scope scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days specified period and may begin or continue Construction Development Works at its own discretion and risk;
(ed) If if the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Expert for reviewreview within 7 (seven) days. The Independent Engineer Expert shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No no review and/or or observation of the Independent Engineer Expert and/or its failure to review and/or or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Authority be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.3Article 12.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s]Resort, Workshop[s], Authority's Office Project Infrastructure and general arrangement drawings, drawings thereof and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within [30 (thirty) )] days of the receipt of such Drawings. The provisions of this Clause 12.3 Article 12.2 shall apply mutatis mutandis to the review and comments hereunder; andthereunder;
(hg) Within within 90 (ninety) days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Resort and the Project Infrastructure, as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Resort and Project Infrastructure and setback lines, if any, of the buildings and structures forming part of Project Facilities.the Project. It is clarified that the Concessionaire shall submit the Drawings in accordance with Schedule D.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Transmission System as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to alignment of the Bus Terminal, finished road levelTransmission System, location and layout of the ticket counter[s], Workshop[s], Authority's Office transmission towers and Sub-stations and general arrangement drawings, drawings thereof and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Transmission System as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Transmission System and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Transmission Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Stations including Station Assets as set forth in this AgreementSchedule-G, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating Station Design and Terminal Design indicating the Docking Points, Hardware, Bicycles and other Project facilities to be located at the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawingsSite, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project. The Concessionaire shall also include a reason for the differences between the initial design and setback lines, the actual design if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Model Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating with respect to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;.
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority MOPIT be liable for the same in any manner;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority MOPIT for review and comments, its Drawings drawings relating to alignment of the Bus TerminalProject, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plaza[s] and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority MOPIT shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Construction Completion Date, the Concessionaire shall furnish to the Authority MOPIT and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form form, e-copy or in such other medium as may be acceptable to the AuthorityMOPIT, reflecting the Bus Terminal Expressway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this Agreement, the following shall apply:
(a) The Concessionaire shall prepare Based upon and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope Final Space Plan, Landlord shall cause its architect (the “Architect”) and engineers (the “Engineers”) to prepare and deliver to Tenant, for Tenant’s approval, detailed specifications and engineered working drawings for the improvements shown on the Final Space Plan (the “Working Drawings”). The Working Drawings shall incorporate modifications to the Final Space Plan as necessary to comply with the floor load and other structural and system requirements of the Project Building. To the extent that the finishes and specifications are not completely set forth in the Specifications and Standards;
(d) Within 15 (fifteen) days Final Space Plan for any portion of the Landlord’s Work depicted thereon, the actual specifications and finish work shall be in accordance with the specifications for the Building’s standard tenant improvement items, as determined by Landlord. Within three (3) business days after Tenant’s receipt of the Working Drawings, Tenant shall approve or disapprove the same, which approval shall not be unreasonably withheld; provided, however, that Tenant may only disapprove the Working Drawings to the extent such Working Drawings are inconsistent with the Final Space Plan and only if Tenant delivers to Landlord, within such three (3) business days period, specific changes C-1 proposed by Tenant which are consistent with the Final Space Plan and do not constitute changes which would result in any of the circumstances described in items (i) through (iv) below. If any such revisions are timely and properly proposed by Tenant, Landlord shall cause the Architect and Engineers to revise the Working Drawings to incorporate such revisions and submit the same for Tenant’s approval in accordance with the foregoing provisions, and the parties shall follow the foregoing procedures for approving the Working Drawings until the same are finally approved by Landlord and Tenant. Upon Landlord’s and Tenant’s approval of the Working Drawings, the Independent Engineer same shall review be known as the same “Approved Working Drawings.” The Final Space Plan, Working Drawings 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Approved Working Drawings shall be revised by collectively referred to herein, as the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised “Construction Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.”
Appears in 1 contract
Samples: Triple Net Space Lease
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementResort and Project Infrastructure, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three the copies each of all Drawings to the Independent Engineer Expert for review;. Such Drawings shall be prepared for a Resort of not less than 110(one hundred and ten) Keys, taking into account the capacities envisaged under the Mandatory Development Obligation; 7 In the event the land is vacant, these Articles 12.1.2. and 12.1.3 shall be omitted.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent EngineerExpert, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, engineering are in conformity with the Scope of the Project and Project, the Specifications and Standards, Applicable Laws and Good Industry Practice;
(dc) Within within [15 (fifteen) )] days of the receipt of the Drawings, the Independent Engineer Expert shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise with the Scope scope of the Project and the Specifications and Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer Expert on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days specified period and may begin or continue Construction Development Works at its own discretion and risk;
(ed) If if the aforesaid observations of the Independent Engineer Expert indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer Expert for reviewreview within [7 (seven)] days. The Independent Engineer Expert shall give its observations, if any, within [7 (seven) )] days of receipt of the revised Drawings;
(fe) No no review and/or or observation of the Independent Engineer Expert and/or its failure to review and/or or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer Expert or the Authority be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.3Article 12.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s]Resort, Workshop[s], Authority's Office Project Infrastructure and general arrangement drawings, drawings thereof and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within [30 (thirty) )] days of the receipt of such Drawings. The provisions of this Clause 12.3 Article 12.2 shall apply mutatis mutandis to the review and comments hereunder; andthereunder;
(hg) Within within [90 (ninety) )] days of the Project Completion DateCOD, 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 micro film form its editable digital format or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Resort and the Project Infrastructure, as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Resort and Project Infrastructure and setback lines, if any, of the buildings and structures forming part of Project Facilities.the Project. It is clarified that the Concessionaire shall submit the Drawings in accordance with Schedule D.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's Operator’s obligations relating to the Drawings of the Bus Terminal Maintenance Depot as set forth in this AgreementSchedule-F, the following shall apply:
(a) The Concessionaire Operator shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Maintenance Depot Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer Authority for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerAuthority, the Concessionaire Operator shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Agreement, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Authority shall review the same and convey its observations to the Concessionaire Operator with particular reference to their conformity or otherwise with the Scope of the Project Agreement and the Specifications and Standards. The Concessionaire Operator shall not be obliged to await the observations of the Independent Engineer Authority on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer Authority indicate that the Drawings are not in conformity with the Scope of the Project Agreement or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Operator and resubmitted to the Independent Engineer Authority for review. The Independent Engineer Authority shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer Authority and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Operator 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire Operator shall furnish to the Authority and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form its editable digital format or in such other medium and manner as may be acceptable to the Authority, reflecting the Bus Terminal Maintenance Depots as actually designed, engineered and constructed, including an as-as- built survey illustrating the layout of the Bus Terminal Maintenance Depots and setback lines, if any, of the buildings and structures forming part of Project Facilitiesstructures.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Drawings. In respect Tenant shall cause its Architect to prepare all plans and specifications (the “Drawings”) necessary to construct the interior improvements of the Concessionaire's obligations relating Premises (the “Improvements”). The Drawings shall include, without limitation, the partition layout, ceiling plan, electrical outlets and switches, telephone outlets, drawings for any modifications to the Drawings mechanical and plumbing systems of the Bus Terminal Building, and detailed plans and specifications for the construction of the improvements called for under this Exhibit in accordance with all applicable Laws. The Drawings shall be delivered to Landlord for its approval as set forth soon as reasonably practicable after the execution of this Lease, but in this Agreementno event later than the tenth (10th) day following the date on which the Space Plans are approved by Landlord (the “Drawings Delivery Deadline”). Landlord shall notify Tenant whether it approves of the submitted Drawings within seven (7) days after Tenant’s submission thereof. If Landlord disapproves of such Drawings, then Landlord shall notify Tenant thereof specifying in detail the following reasons for such disapproval, in which case, Tenant shall apply:
correct the submitted Drawings and deliver them to Landlord for its approval within ten (a10) The Concessionaire days after Tenant receives Landlord’s notice disapproving the submitted drawings. Landlord shall prepare have five (5) days to approve or disapprove any resubmitted Drawings, and submit, with reasonable promptness and in Tenant shall have five (5) days to correct any such sequence as is consistent with the Project Completion Schedule, three copies each of all resubmitted Drawings to the Independent Engineer for review;
(b) The Concessionaire disapproved by Landlord. This process shall clearly specify in be repeated until the Drawings have been finally approved. If Landlord fails to notify Tenant that it approves of the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority initial Drawings within seven (7) days or any resubmitted Drawings within five (5) days after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineersubmission thereof, the Concessionaire then Landlord shall 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 Scope of the Project and the Specifications and Standards;
(d) Within 15 (fifteen) days of the receipt of approved the 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 . Landlord’s approval of the Project and the Specifications and Standards. The Concessionaire such Drawings shall not be obliged to await unreasonably withheld, provided that (1) they comply with all Laws, (2) the observations improvements depicted thereon do not adversely affect (in the reasonable discretion of Landlord) the Building’s Structure, HVAC System, life-safety, plumbing, electrical, and mechanical systems, the exterior appearance of the Independent Engineer on Building, or the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations appearance of the Independent Engineer indicate that Building’s common areas or elevator lobby areas (if any), (3) the Drawings are not in conformity with the Scope sufficiently detailed to allow construction of the Project or improvements in a good and workmanlike manner, and (4) the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted improvements depicted thereon conform to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure rules and regulations promulgated from time to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority be liable time by Landlord for the same in any manner;
(g) Without prejudice construction of tenant improvements, which rules and regulations do not presently exist. Tenant shall, at Landlord’s request, sign the Working Drawings to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for evidence its review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilitiesapproval thereof.
Appears in 1 contract
Samples: Lease Agreement (Glu Mobile Inc)
Drawings. In respect of the Concessionaire's obligations relating to the Drawings of the Bus Terminal as set forth in this AgreementDistrict Hospital, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three the copies each of all Drawings to the Independent Engineer for review;. Such Drawings shall be prepared in accordance with the Specifications and Standards and in accordance with the Project Completion Schedule and the Development Obligations.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, engineering are in conformity with the Scope of the Project and the Specifications and Standards, Applicable Laws and Good Industry Practice;
(dc) Within within [15 (fifteen) )] days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days specified period and may begin or continue Construction Development Works at its own discretion and risk;
(ed) If if the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or and the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for reviewreview within [7 (seven)] days. The Independent Engineer shall give its observations, if any, within [7 (seven) )] days of receipt of the revised Drawings;
(fe) No no review and/or or observation of the Independent Engineer and/or its failure to review and/or or convey its observations on any Drawings shall 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;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.313.2, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office District Hospital and general arrangement drawings, drawings thereof and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within [30 (thirty) )] days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.Clause
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's Developer‟s obligations relating to the Drawings of the Bus Terminal Rail System as set forth in this AgreementSchedule-C, the following shall apply:
(a) The Concessionaire the Developer shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to MOR and the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to MOR and the Independent Engineer, the Concessionaire Developer shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction 7 This amount shall equal to 0.25% (zero point two five percent) of the capital cost as reflected in the Detailed Project Report. criteria related thereto, are in conformity with the Scope of the Project and the Specifications and Standards;
(dc) Within within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and convey its observations to MOR and the Concessionaire Developer with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. Within 15 (fifteen) days of the receipt of the comments from the Independent Engineer, MOR may review the same and convey its observations to the Developer and the Independent Engineer with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and Standards. The Concessionaire Developer shall not be obliged to await the observations of the Independent Engineer MOR on the Drawings submitted pursuant hereto beyond the said 15 30 (fifteenthirty) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If if the aforesaid observations of MOR and/or the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Developer and resubmitted to the Independent Engineer and MOR for review, with 7 (seven) days of receipt of the observations of MOR and/or the Independent Engineer. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings, and within 15 (fifteen) days of the receipt of the comments from the Independent Engineer, if any, MOR may review the same and convey its observations, if any, to the Developer and the Independent Engineer;
(fe) No no review and/or observation of the Independent Engineer and/or MOR and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Developer of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority MOR be liable for the same in any manner;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.37.2, the Concessionaire Developer shall submit to the Authority MOR for review review, comments and commentsapproval, its Drawings relating to the Bus Terminal, finished road level, location and layout [alignment of the ticket counter[sRail System, ***], Workshop[s], Authority's Office and general arrangement drawings8, and the Authority MOR shall have the right but not the obligation to undertake such review and provide its approvals and/or comments, if any, within 30 60 (thirtysixty) days of the receipt of such Drawings. The provisions of this Clause 12.3 7.2 shall apply mutatis mutandis to the review and comments hereunder. For the avoidance of doubt, it is agreed that if MOR does not deny the approval or convey its comments/observations within a period of [60 (sixty)] days of the receipt of such Drawings, the approval shall be deemed to have been granted; and
(hg) Within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire Developer shall furnish to the Authority MOR and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film electronic form or in such other medium as may be acceptable to the AuthorityMOR, reflecting the Bus Terminal Rail System as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Rail System and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Construction Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Project Highway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and Standards;
(dc) Within 15 (fifteen) days of the receipt of the 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. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Agreement in any manner nor shall the Independent Engineer or the Authority Government be liable for the same in any manner;
(gf) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority Government for review and comments, its Drawings relating to alignment of the Bus TerminalProject Highway, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office Toll Plaza[s] and general arrangement drawingsdrawings of major bridges, flyovers and grade separators, and the Authority Government shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority Government and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the AuthorityGovernment, reflecting the Bus Terminal Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project Highway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect Funds under this Letter of Credit are available to you against (i) your draft, stating on its face: "Drawn under Irrevocable Letter of Credit No. 841785, dated April 14, 1999", and (ii) the Concessionaire's obligations relating appropriate certificate specified below, purportedly executed by you and appropriately completed. Exhibit Setting Forth Type of Drawing Form of Certificate Required Tender Drawing (as hereinafter defined) Exhibit 1 Redemption/Mandatory Exhibit 2 Purchase Drawing (as hereinafter defined) Interest Drawing (as hereinafter Exhibit 3 defined) Drafts and certificates hereunder shall be dated the date of presentation and shall be presented at our office located at 000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Trade Services Group (or at such other office as we may designate by written notice to the Drawings you). Presentation of the Bus Terminal as set forth in this Agreement, the following shall apply:
such drafts and certificates may be made (a) The Concessionaire shall prepare by physical presentation of such drafts and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three copies each of all Drawings to the Independent Engineer for review;
certificates or (b) The Concessionaire by facsimile transmission of such drafts and certificates received by us at (000) 000-0000 (or at such other number as we may designate by written notice to you) with prior telephone notice to us at (000) 000-0000, Attention: Xxx Xxxxxx (or at such other number as we may designate by written notice to you) that such presentation is to be made by facsimile transmission and with the original executed drafts and certificates to be received by us not later than our close of business on the next business day, it being understood that payments hereunder shall clearly specify be made upon receipt by us of such facsimile transmission; provided however; that presentations of drafts and certificates relating to Tender Drawings in respect of Eligible Bonds in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that Flexible Mode shall in all instances be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, are made in conformity accordance with the Scope of the Project foregoing clause (b). Drafts drawn under and the Specifications and Standards;
(d) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire with particular reference to their conformity or otherwise in strict compliance with the Scope terms of the Project and the Specifications and Standards. The Concessionaire shall not this Letter of Credit will be obliged duly honored by us upon presentation thereof in accordance with this Paragraph 3 if presented on or prior to await the observations of the Independent Engineer 4:00 P.M. (New York City time) on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;
(e) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;
(f) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(h) Within 90 (ninety) days of the Project Completion Date, 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 micro film form or in such other medium Credit Termination Date as may be acceptable to the Authority, reflecting the Bus Terminal as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal and setback lines, if any, of the buildings and structures forming part of Project Facilities.follows:
Appears in 1 contract
Samples: Series E Loan and Trust Agreement (North Atlantic Energy Corp /Nh)
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Project as set forth in this AgreementSchedule-E, the following shall apply:
(a) The the Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review. Prior to submission of the Drawings to Independent Engineer, the Concessionaire shall have the Drawings of Important Bridges, Major Bridges, rail fly over, tunnel and viaduct proof-checked by any Indian Institute of Technology/ National Institute of Technology. It is clarified that, in the event that the Concessionaire uses the RDSO standard drawings or Authority approved drawings wherever deemed appropriate, there will be no need for such proof checking;
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By by submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and StandardsStandards and Applicable Laws;
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer shall review the same and convey its observations to the Concessionaire Drawings with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and StandardsStandards within 21 (twenty one) days of receipt of the same except for Important Bridges, Major Bridges, rail flyover, tunnel and viaduct, for which the duration will be 45 (forty five) days. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;; DRAFT
(ed) If if the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for reviewreview within 7 (seven) days of receipt of observations of the Independent Engineer. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings. For the avoidance of doubt, it is agreed that if the Independent Engineer does not deny the approval or convey its comments/observations within a period of 45 (forty five) days of the receipt of such Drawings, except for Important Bridges, Major Bridges, rail flyover, tunnel and viaduct, for which the duration will be 60 (sixty) days, the approval shall be deemed to have been granted;
(fe) No no review and/or observation of the Independent Engineer and/or the Authority and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire of its obligations and liabilities under this Concession Agreement in any manner nor shall the Independent Engineer or the Authority be liable for the same in any manner; and if errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the Drawings, they shall, along with the affected Construction Works, be corrected by the Concessionaire at its own cost, notwithstanding any review under this Article 12;
(gf) Without without prejudice to the foregoing provisions of this Clause 12.3Clause12.2, the Concessionaire after obtaining approval from Independent Engineer, shall submit to the Authority for review review, comments and commentsapproval of signal interlocking plans, its electrical simulation reports, bonding plans, catenary pantograph dynamic interaction reports, general traction power supply diagrams and concept design, concept Drawings relating and GADs of Important Bridges, Major Bridges, rail fly overs, tunnels, viaducts and works requiring sanction of CRS, electrical inspector to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Government/ State Government or any other statutory authority. Authority shall have the right but not the obligation to undertake such review and provide its approvals and/or comments, if any, within 30 28 (thirtytwenty eight) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and
. For the avoidance of doubt, it is agreed that if the Authority does not deny the approval or convey its comments/observations within a period of 28 (h) Within 90 (ninetytwenty eight) days of the Project Completion Datereceipt of such Drawings, the approval shall be deemed to have been granted;
(g) within 120 (one hundred and twenty) days of the COD, the Concessionaire shall furnish to the Authority and the Independent Engineer a complete set of as-built Drawings, in 2 6 (twosix) hard copies and in micro film form its editable digital format or in such other medium or manner as may be acceptable to the Authority, reflecting the Bus Terminal Project as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Project and setback lines, if any, of the buildings and structures forming part of the Project;
(h) The Concessionaire shall arrange approval of all Drawings from Indian Railways or any other Central/ State Government agencies (as applicable) at his own. However, the Authority may facilitate in coordination with Indian Railways or these agencies; and
(i) Concessionaire shall be liable for any delay of the construction of the Project Facilitieson account of approval of the Drawings and not eligible for extension of time for the development of the Project.
Appears in 1 contract
Samples: Concession Agreement
Drawings. In respect of the Concessionaire's Operator’s obligations relating to the Drawings of the Bus Terminal Maintenance Depot as set forth in this AgreementSchedule-F, the following shall apply:
(a) The Concessionaire Operator shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Maintenance Depot Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer Authority for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent EngineerAuthority, the Concessionaire Operator shall be deemed to have represented that it has determined and verified that the design and engineering, including the field construction criteria related thereto, are in conformity with the Scope of the Project and the Agreement, Specifications and Standards;, Applicable Laws and Good Industry Practice.
(dc) Within 15 (fifteen) days of the receipt of the Drawings, the Independent Engineer Authority shall review the same and convey its observations to the Concessionaire Operator with particular reference to their conformity or otherwise with the Scope of the Project Agreement and the Specifications and Standards. The Concessionaire Operator shall not be obliged to await the observations of the Independent Engineer Authority on the Drawings submitted pursuant hereto beyond the said 15 (fifteen) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer Authority indicate that the Drawings are not in conformity with the Scope of the Project Agreement or the Specifications and Standards, such Drawings shall be revised by the Concessionaire Operator and resubmitted to the Independent Engineer Authority for review. The Independent Engineer Authority shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer Authority and/or its failure to review and/or convey its observations on any Drawings shall relieve the Concessionaire Operator 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) Without prejudice to the foregoing provisions of this Clause 12.3, the Concessionaire shall submit to the Authority for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 shall apply mutatis mutandis to the review and comments hereunder; and
(hf) Within 90 (ninety) days of the Project Completion DateCOD, the Concessionaire Operator shall furnish to the Authority and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form its editable digital format or in such other medium and manner as may be acceptable to the Authority, reflecting the Bus Terminal Maintenance Depots as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Maintenance Depots and setback lines, if any, of the buildings and structures forming part of Project Facilitiesstructures.
Appears in 1 contract
Samples: Model Concession Agreement
Drawings. In respect of the Concessionaire's ’s obligations relating to the Drawings of the Bus Terminal Haji Bunder (Sewree) to Elephanta Island Ropeway as set forth in this AgreementSchedule-H, the following shall apply:
(a) The Concessionaire shall prepare and submit, with reasonable promptness and in such sequence as is consistent with the Project Completion Schedule, three 3 (three) copies each of all Drawings to the Independent Engineer for review;.
(b) The Concessionaire shall clearly specify in the Drawings the area of Bus Terminal, Project Facilities and associated circulation area that shall be handed over to the Authority after the Concession Period of Bus Terminal.
(c) By submitting the Drawings for review to the Independent Engineer, the Concessionaire shall 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 Scope of the Project and the Specifications and CEN Standards;.
(dc) Within 15 21 (fifteentwenty one) days of the receipt of the 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 CEN Standards. The Concessionaire shall not be obliged to await the observations of the Independent Engineer on the Drawings submitted pursuant hereto beyond the said 15 21 (fifteentwenty one) days period and may begin or continue Construction Works at its own discretion and risk;.
(ed) If the aforesaid observations of the Independent Engineer indicate that the Drawings are not in conformity with the Scope of the Project or the Specifications and CEN Standards, such Drawings shall be revised by the Concessionaire and resubmitted to the Independent Engineer for review. The Independent Engineer shall give its observations, if any, within 7 (seven) days of receipt of the revised Drawings;.
(fe) No review and/or observation of the Independent Engineer and/or its failure to review and/or convey its observations on any Drawings shall 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;.
(gf) Without prejudice to the foregoing provisions of this Clause 12.312.2, the Concessionaire shall submit to the Authority Independent Engineer for review and comments, its Drawings relating to the Bus Terminal, finished road level, location and layout alignment of the ticket counter[s], Workshop[s], Authority's Office and general arrangement drawings, Haji Bunder (Sewree) to Elephanta Island Ropeway and the Authority Independent Engineer shall have the right but not the obligation to undertake such review and provide its comments, if any, within 30 (thirty) days of the receipt of such Drawings. The provisions of this Clause 12.3 12.2 shall apply mutatis mutandis to the review and comments hereunder; and.
(hg) Within 90 (ninety) days of the Project Completion Date, the Concessionaire shall furnish to the Authority Independent Engineer and the Independent Engineer Authority a complete set of as-built Drawings, in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the Authority, reflecting the Bus Terminal Haji Bunder (Sewree) to Elephanta Island Ropeway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Bus Terminal Haji Bunder (Sewree) to Elephanta Island Ropeway and setback lines, if any, of the buildings and structures forming part of Project Facilities.
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Samples: Concession Agreement