Common use of Duties and functions Clause in Contracts

Duties and functions. 22.2.1 The Independent Engineer/ Additional Engineer shall discharge its duties and functions substantially in accordance with the terms of reference set forth in such an Agreement to be entered into with it. For the avoidance of doubt, the Parties expressly agree that the functions of the Independent Engineer/ Additional Engineer under this Article 22 shall not include Commercial Complex. 22.2.2 The Independent Engineer/ Additional Engineer shall submit regular periodic reports (at least once every month) to the Authority in respect of its duties and functions. 22.2.3 Schedule-Q to the Concession Agreement shall be read along with Annex-A (Concession Agreement signed between Authority and Concessionaire) which specifically defines the duties and functions of the Independent Engineer. In the event of conflict between the clauses and provisions of Agreement with Independent Engineer and Concession Agreement signed between Concessionaire and Authority, the Concession Agreement shall prevail.