Common use of Emergency De-commissioning Clause in Contracts

Emergency De-commissioning. (a) If, in the reasonable opinion of the Concessionaire, there exists an Emergency which warrants decommissioning and closure to construction of whole or any part of the Project/ Project Facility, the Concessionaire shall be entitled to de-commission and close the whole or the relevant part of the Project construction for so long as such Emergency and the consequences thereof warrant. Provided, however, that such decommissioning will be notified to the Independent Consultant promptly. The Independent Consultant may issue such directions as it may deem appropriate to the Concessionaire for dealing with such Emergency and the Concessionaire shall abide by the same. (b) The Concessionaire shall re-commission the Project/ Project Facility or the affected part thereof as quickly as practicable after the Emergency leading to its de-commissioning and closure has ceased to exist. (c) The Concessionaire shall not close any part of the Project/ Project Facility for undertaking maintenance or repair works except with the prior written approval of NGS / SMC. Such approval shall be sought by the Concessionaire through a written request to be made at least 7 (seven) days before the proposed closure of part and shall be accompanied by particulars indicating the nature and extent of repair works and the arrangements made for safe movement of users, the length and section required to be closed and the period of closure. The Concessionaire shall also furnish particulars indicating the minimum time required for completing such repair works. Within 5 (five) days of receiving such request, NGS / SMC shall grant permission with such modifications as it may deem necessary. Upon receiving such permission, the Concessionaire shall be entitled to close the part in accordance with such permission and re-open it within the period stipulated in such permission. (d) Save and except as otherwise expressly provided in this Agreement, if the Project or any part thereof shall suffer any loss or damage during the Concession Period, from any cause whatsoever, the Concessionaire shall, at its cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect to the Specifications and Standards, quality and performance as prescribed by this Agreement. (e) In the event the Concessionaire does not maintain and/ or repair the Project or part thereof upto and in accordance with the Specifications and Standards and/ or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed to commence remedial works within (30) thirty days of notice in this behalf from NGS / SMC, NGS / SMC shall, without prejudice to its rights/ remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall, reimburse to NGS / SMC within seven days of demand the costs and expenses incurred for undertaking such repairs and maintenance. . (f) If the Concessionaire commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (g) The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to users on account of any of the following for the duration thereof: (i) Force Majeure Event; (ii) measures taken to ensure the safe use of the Project except when unsafe conditions occured because of failure of the Concessionaire to perform its obligations under this Agreement; or (iii) compliance with a request from NGS / SMC or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project open for users and use provided they can be safely operated and kept open for users.

Emergency De-commissioning. (a) 16.8.1 If, in the reasonable opinion of the Concessionaire, Concessionaire there exists an Emergency emergency which warrants decommissioning and closure to construction traffic of whole or any part of the Project/ Project FacilityHighway, the Concessionaire shall be entitled to de-commission and close the whole or the relevant part of the Project construction Highway to traffic for so long as such Emergency emergency and the consequences thereof warrant. Provided, however, provided however that such emergency decommissioning will be notified to the Independent Consultant MPRDC promptly. The Independent Consultant MPRDC may issue such directions as it may deem appropriate to the Concessionaire for dealing with such Emergency situations and the Concessionaire shall abide by such directions. MPRDC reserve the samerights not to permit such modifications. (b) 16.8.2 The Concessionaire shall re-commission the Project/ Project Facility Highway or the affected part thereof as quickly as practicable after the Emergency circumstances leading to its de-commissioning and closure has have ceased to exist. (c) 16.8.3 The Concessionaire shall not close any part lane of the Project/ Project Facility Highway for undertaking maintenance or repair works except with the prior written approval of NGS / SMCthe MPRDC. Such approval shall be sought by the Concessionaire through a written request to be made at least 7 (seven) days before the proposed closure of part lane and shall be accompanied by particulars indicating the nature and extent of repair works and the arrangements made for safe movement of usersworks, the length and section required to be closed and the period of closure. The Concessionaire shall also furnish particulars indicating the minimum time required for completing such repair works. Within 5 (five) days of receiving such request, NGS / SMC MPRDC, shall grant permission with such modifications modifications, as it may deem necessary. Upon receiving such permission, the Concessionaire shall be entitled to close the part lane in accordance with such permission and re-open it within the period stipulated in such permission. (d) Save and except as otherwise expressly provided . For any delay in this Agreement, if the Project or any part thereof shall suffer any loss or damage re-opening such lane during the Concession Period, from any cause whatsoever, the Concessionaire shallmay be liable to pay Damages to MPRDC up to an amount calculated at the rate of Rs.1000/ - (Rupees One thousand), at its cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect to the Specifications and Standards, quality and performance as prescribed by this Agreement. (e) In the event the Concessionaire does not maintain and/ or repair the Project per day or part thereof upto and for every stretch of 100 (one hundred) meters or part thereof in accordance with each lane until such time the Specifications and Standards and/ or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Reportstretch has been re-opened for traffic. Provided, as the case may behowever, and shall have failed to commence remedial works within (30) thirty days of notice in this behalf from NGS / SMC, NGS / SMC shall, without prejudice to its rights/ remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall, reimburse to NGS / SMC within seven days of demand the costs and expenses incurred for undertaking such repairs and maintenance. . (f) If the Concessionaire commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (g) The Concessionaire that these provisions shall not be considered in breach of its obligations apply to Emergency decommissioning under this Agreement if any part of the Project is not available to users on account of any of the following for the duration thereof: (i) Force Majeure Event; (ii) measures taken to ensure the safe use of the Project except when unsafe conditions occured because of failure of the Concessionaire to perform its obligations under this Agreement; or (iii) compliance with a request from NGS / SMC or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project open for users and use provided they can be safely operated and kept open for usersClause 16.8.

Emergency De-commissioning. (a) If, in the reasonable opinion of the Concessionaire, Operator there exists an Emergency which warrants decommissioning and closure to construction tourist traffic of whole or any part of the Project/ Project/Project Facility, the Concessionaire Operator shall be entitled to de-commission and close the whole or the relevant part of the Project construction to tourists for so long as such Emergency and the consequences thereof warrant. Provided, however, that such decommissioning will be notified to the Independent Consultant AUTHORITY promptly. The Independent Consultant AUTHORITY may issue such directions as it may deem appropriate to the Concessionaire Operator for dealing with such Emergency and the Concessionaire Operator shall abide by the same. (b) The Concessionaire Operator shall re-commission the Project/ Project/Project Facility or the affected part thereof as quickly as practicable after the Emergency leading to its de-commissioning and closure has ceased to exist. (c) The Concessionaire Operator shall not close any part of the Project/ Project/Project Facility for undertaking maintenance or repair works except with the prior written approval of NGS / SMCthe AUTHORITY. Such approval shall be sought by the Concessionaire Operator through a written request to be made at least 7 (seven) days before the proposed closure of part section / facility and shall be accompanied by particulars indicating the nature and extent of repair works and the arrangements made for safe movement usage of usersthe section / facility, the length actual area and section required to be closed and the period of closure. The Concessionaire Operator shall also furnish particulars indicating the minimum time required for completing such repair works. Within 5 (five) days of receiving such request, NGS / SMC the AUTHORITY shall grant permission with such modifications repairs as it may deem necessary. Upon receiving such permission, the Concessionaire Operator shall be entitled to close the part section / facility in accordance with such permission and re-open it within the period stipulated in such permission. (d) Save and except as otherwise expressly provided in this Agreement, if the Project or any part thereof shall suffer any loss or damage during the Concession Service Period, from any cause whatsoever, the Concessionaire Operator shall, at its cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect to the Specifications and Standards, quality and performance as prescribed by this Agreement. (e) In the event the Concessionaire Operator does not maintain and/ or repair the Project or part thereof upto up to and in accordance with the Specifications and Standards and/ and / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed to commence remedial works within (30) thirty days of notice in this behalf from NGS / SMCthe AUTHORITY, NGS / SMC AUTHORITY shall, without prejudice to its rights/ rights/remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the ConcessionaireOperator. The Concessionaire Operator shall, reimburse to NGS / SMC AUTHORITY within seven days of demand the costs and expenses incurred for undertaking such repairs and maintenance. . (f) If the Concessionaire Operator commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (g) The Concessionaire Operator shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to users tourist traffic on account of any of the following for the duration thereof: (i) Force Majeure Event; (ii) measures taken to ensure the safe use of the Project except when unsafe conditions occured on the road occurred because of failure of the Concessionaire Operator to perform its obligations under this Agreement; or (iii) compliance Compliance with a request from NGS / SMC AUTHORITY or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire Operator shall keep all unaffected parts of the Project open for users to business and use provided they can be safely operated and kept open for usersopen.

Emergency De-commissioning. (a) a. If, in the reasonable opinion of the Concessionaire, Concessionaire there exists an Emergency which warrants decommissioning and closure to construction of whole or any part of the Project/ Project/Project Facility, the Concessionaire shall be entitled to de-commission and close the whole or the relevant part of the Project construction for so long as such Emergency and the consequences thereof warrant. Provided, however, that such decommissioning will be notified to the Independent Consultant Engineer promptly. The Independent Consultant Engineer may issue such directions as it may deem appropriate to the Concessionaire for dealing with such an Emergency and the Concessionaire shall abide by the same. (b) b. The Concessionaire shall re-commission the Project/ Project/Project Facility or the affected part thereof as quickly as practicable after the Emergency leading to its de-commissioning and closure has ceased to exist. (c) c. The Concessionaire shall not close any part of the Project/ Project/Project Facility for undertaking maintenance or repair works except with the prior written approval of NGS / SMCthe Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made at least 7 (seven) days before the proposed closure of part and shall be accompanied by particulars indicating the nature and extent of repair works and the arrangements made for safe movement slaughtering of usersthe Animals, the length and section required to be closed and the period of closure. The Concessionaire shall also furnish particulars indicating the minimum time required for completing such repair works. Within 5 (five) days of receiving such request, NGS / SMC the Independent Engineer shall grant permission with such modifications as it he may deem necessary. Upon receiving such permission, the Concessionaire shall be entitled to close the part in accordance with such permission and re-open it within the period stipulated in such permission. (d) d. Save and except as otherwise expressly provided in this Agreement, if the Project or any part thereof shall suffer any loss or damage during the Concession Period, from any cause whatsoever, the Concessionaire shall, at its own cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect to the Specifications and StandardsProject Requisites, quality and performance as prescribed by this AgreementAgreement and/or under the Applicable Law and the Applicable Permits. (e) e. In the event the Concessionaire does not maintain and/ or repair the Project or part thereof upto and in accordance with the Specifications Project Requisites and Standards and/ / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed to commence remedial works within (30) thirty days of notice in this behalf from NGS / SMCthe Independent Engineer, NGS / SMC JMC shall, without prejudice to its rights/ rights/remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall, reimburse to NGS / SMC JMC within seven days of demand the costs and expenses incurred for undertaking such repairs and maintenance. . (f) f. If the Concessionaire commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (g) g. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project Facility is not available to users for slaughtering activity on account of any of the following for the duration thereof: (i) Force Majeure Event; (ii) measures taken to ensure the safe use of the Project except when unsafe conditions occured of the Project Facility occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (iii) compliance with a request from NGS / SMC JMC/PMC or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project open for users slaughtering and use provided they can be safely operated and kept open for usersslaughtering.

Emergency De-commissioning. (a) a. If, in the reasonable opinion of the Concessionaire, there exists an Emergency which warrants decommissioning and closure to construction of whole or any part of the Project/ Project/Project Facility, the Concessionaire shall be entitled to de-commission and close the whole or the relevant part of the Project construction for so long as such Emergency and the consequences thereof warrant. Provided, however, that such decommissioning will be notified to the Independent Consultant Engineer promptly. The Independent Consultant Engineer may issue such directions as it may deem appropriate to the Concessionaire for dealing with such an Emergency and the Concessionaire shall abide by the same. (b) b. The Concessionaire shall re-commission the Project/ Project/Project Facility or the affected part thereof as quickly as practicable after the Emergency leading to its de-commissioning and closure has ceased to exist. (c) c. The Concessionaire shall not close any part of the Project/ Project/Project Facility for undertaking maintenance or repair works except with the prior written approval of NGS / SMCthe Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made at least 7 (seven) days before the proposed closure of part and shall be accompanied by particulars indicating the nature and extent of repair works and the arrangements made for safe movement slaughtering of usersthe Animals, the length and section required to be closed and the period of closure. The Concessionaire shall also furnish particulars indicating the minimum time required for completing such repair works. Within 5 (five) days of receiving such request, NGS / SMC the Independent Engineer shall grant permission with such modifications as it he may deem necessary. Upon receiving such permission, the Concessionaire shall be entitled to close the part in accordance with such permission and re-open it within the period stipulated in such permission. (d) d. Save and except as otherwise expressly provided in this Agreement, if the Project or any part thereof shall suffer any loss or damage during the Concession Period, from any cause whatsoever, the Concessionaire shall, at its own cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect to the Specifications and StandardsProject Requisites, quality and performance as prescribed by under this AgreementAgreement and/or under the Applicable Law and the Applicable Permits. (e) e. In the event the Concessionaire does not maintain and/ or repair the Project or part thereof upto and in accordance with the Specifications Project Requisites and Standards and/ / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed to commence remedial works within (30) thirty days of notice in this behalf from NGS / SMCthe Independent Engineer, NGS / SMC MMC shall, without prejudice to its rights/ rights/remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall, reimburse to NGS / SMC MMC within seven days of demand the costs and expenses incurred for undertaking such repairs and maintenance. . (f) f. If the Concessionaire commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (g) g. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project Facility is not available to users for slaughtering activity on account of any of the following for the duration thereof: (i) Force Majeure Event; (ii) measures taken to ensure the safe use of the Project except when unsafe conditions occured of the Project Facility occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (iii) compliance with a request from NGS / SMC MMC/PMC or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project open for users slaughtering and use provided they can be safely operated and kept open for usersslaughtering.