Common use of Felling of trees Clause in Contracts

Felling of trees. The Authority shall assist the Contractor in obtaining the Applicable Permits for felling of trees in non-forest area to be identified by the Authority for this purpose if, and only if, such trees cause a Material Adverse Effect on the construction or maintenance of the Project Highway. The Contractor shall fell these trees as per the Permits obtained. The cost of such felling shall be borne by the Authority and in the event of any delay in felling thereof for reasons beyond the control of the Contractor; itshallbeexcusedforfailuretoperformanyofitsobligationshereunderifsuchfailure is a direct consequence of delay in the felling of trees. The Parties hereto agree that the felled trees shall be deemed to be owned by the Authority and shall be disposed in such manner and subject to such conditions as the Authority may in its sole discretion deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by the Authority within the time specified in the Agreement.

Appears in 18 contracts

Samples: Draft Contract Agreement, Contract Agreement, Contract Agreement

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Felling of trees. The Authority shall assist the Contractor in obtaining obtain the Applicable Permits for felling of trees in non-forest area to be identified by the Authority for this purpose if, if and only if, if such trees cause a Material Adverse Effect on the construction or maintenance of the Project Highway. The Contractor shall fell these trees as per the Permits obtainedProject. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the Authority and in the Authority. Inthe event of any delay in felling thereof for reasons beyond the control of the Contractor; itshallbeexcusedforfailuretoperformanyofitsobligationshereunderifsuchfailure it shall be excused for failure to perform any part of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. The Parties hereto agree that the felled trees shall be deemed to be owned by the Authority and shall be disposed in such manner and subject to such conditions as the Authority may in its sole discretion deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by the Authority within the time specified in the Agreement; andfor any period of delay in providing the Applicable Permits, the Contractor shall be entitled to Damages and Time Extension asprovided under Clause 9.2.1.

Appears in 4 contracts

Samples: And Construction Agreement, And Construction Agreement, indianrailways.gov.in

Felling of trees. The Authority Employer shall assist the Contractor in obtaining the Applicable Permits for felling of trees in non-forest area to be identified by the Authority Employer for this purpose if, if and only if, if such trees cause a Material Adverse Effect on the construction or maintenance of the Project Highway. The Contractor shall fell these trees as per the Permits obtainedWorks. The cost of such felling shall be borne by the Authority Employer and in the event of any delay in felling thereof for reasons beyond the control of the Contractor; itshallbeexcusedforfailuretoperformanyofitsobligationshereunderifsuchfailure it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. The Parties hereto agree that the felled trees shall be deemed to be owned by the Authority Employer and shall be disposed in such manner and subject to such conditions as the Authority Employer may in its sole discretion deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by the Authority Employer within the time specified in the Agreement.

Appears in 3 contracts

Samples: Contract Agreement, Procurement and Construction Agreement, Contract Agreement for Design and Construction

Felling of trees. The Authority Employer shall assist the Contractor in obtaining the Applicable Permits for felling of trees in non-forest area to be identified by the Authority Employer for this purpose if, if and only if, if such trees cause a Material Adverse Effect on the construction construction, or operation and maintenance of the Project Highway. The Contractor shall fell these trees as per the Permits obtainedWorks. The cost of such felling shall be borne by the Authority Employer and in the event of any delay in felling thereof for reasons beyond the control of the Contractor; itshallbeexcusedforfailuretoperformanyofitsobligationshereunderifsuchfailure it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. The Parties hereto agree that the felled trees shall be deemed to be owned by the Authority Employer and shall be disposed in such manner and subject to such conditions as the Authority Employer may in its sole discretion deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by the Authority Employer within the time specified in the Agreement.

Appears in 1 contract

Samples: And Construction Agreement

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Felling of trees. β€Œ The Authority shall assist the Contractor in obtaining the Applicable Permits for felling of trees in non-forest area to be identified by the Authority for this purpose if, and only if, such trees cause a Material Adverse Effect on the construction or maintenance of the Project Highway. The Contractor shall fell these trees as per the Permits obtained. The cost of such felling shall deemed to be borne by included in the Authority contractors lump sum quote and in the event of any delay in felling thereof for reasons beyond the control of the Contractor; itshallbeexcusedforfailuretoperformanyofitsobligationshereunderifsuchfailure it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. The Parties hereto agree that the felled trees shall be deemed to be owned by the Authority and shall be disposed in such manner and subject to such conditions as the Authority may in its sole discretion deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by the Authority within the time specified in the Agreement.

Appears in 1 contract

Samples: Draft Contract Agreement

Felling of trees. The Authority shall assist the Contractor in obtaining the Applicable Permits for felling of trees in non-forest area to be identified by the Authority for this purpose if, and only if, such trees cause a Material Adverse Effect on the construction or maintenance of the Project Highway. The Contractor shall fell these trees as per the Permits obtained. The cost of such felling shall be borne by the Authority and in the event of any delay in felling thereof for reasons beyond the control of the Contractor; itshallbeexcusedforfailuretoperformanyofitsobligationshereunderifsuchfailure is a direct consequence of delay in the felling of trees. The Parties hereto agree that the felled trees shall be deemed to be owned by the Authority and shall be disposed in such manner and subject to such conditions as the Authority may in its sole discretion deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by the Authority within the time specified in the Agreement.. 9.5

Appears in 1 contract

Samples: nhidcl.com

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