Felling of trees. The Authority shall obtain the Applicable Permits for felling of trees to be identified by the Authority for this purpose if and only if such trees cause a Material Adverse Effect on the construction ofthe Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the Contractor. In the event of any delay in felling thereof for reasons beyondthe control of the Contractor; 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 heretoagree 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; and for any period of delay in providing the Applicable Permits, the Contractor shall be entitled to Damages and Time Extension as provided under Clause 9.2.1.
Appears in 4 contracts
Samples: And Construction Agreement, And Construction Agreement, And Construction Agreement
Felling of trees. The Authority shall obtain the Applicable Permits for felling of trees to be identified by the Authority for this purpose if and only if such trees cause a Material Adverse Effect on the construction ofthe Railway of the Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the ContractorAuthority. In the event of any delay in felling thereof for reasons beyondthe beyond the control of the Contractor; 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 heretoagree 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; and for any period of delay in providing the Applicable Permits, the Contractor shall be entitled to Damages and Time Extension as provided under Clause 9.2.1.
Appears in 3 contracts
Samples: www.rites.com, rites.com, www.rites.com
Felling of trees. The Authority shall obtain the Applicable Permits for felling of trees to be identified by the Authority for this purpose if and only if such trees cause a Material Adverse Effect on the construction ofthe of the Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the ContractorAuthority. In the event of any delay in felling thereof for reasons beyondthe beyond the control of the Contractor; 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 heretoagree 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; and for any period of delay in providing the Applicable Permits, the Contractor shall be entitled to Damages and Time Extension as provided under Clause 9.2.1.
Appears in 3 contracts
Samples: Procurement and Construction Agreement, Procurement and Construction Agreement, Procurement and Construction Agreement
Felling of trees. The Authority shall obtain assist the Contractor in obtaining the Applicable Permits for felling of trees to be identified by the Authority for this purpose if and only if such trees cause a Material Adverse Effect on the construction ofthe Railway of the Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the ContractorAuthority. In the event of any delay in felling thereof for reasons beyondthe beyond the control of the Contractor; 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 heretoagree 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; and for any period of delay in providing the Applicable Permits, the Contractor shall be entitled to Damages and Time Extension as provided under Clause 9.2.1.
Appears in 2 contracts
Samples: Model Agreement, Model Agreement
Felling of trees. The Authority shall obtain assist the Contractor in obtaining the Applicable Permits for felling of trees to be identified by the Authority for this purpose if and only if such trees cause a Material Adverse Effect on the construction ofthe of the Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the ContractorAuthority. In the event of any delay in felling thereof for reasons beyondthe beyond the control of the Contractor; 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 heretoagree 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; and for any period of delay in providing the Applicable Permits, the Contractor shall be entitled to Damages and Time Extension as provided under Clause 9.2.1.
Appears in 1 contract
Felling of trees. The Authority SPV shall obtain the Applicable Permits for felling of trees to be identified by the Authority SPV for this purpose if and only if such trees cause a Material Adverse Effect on the construction ofthe of the Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the ContractorAuthority. In the event of any delay in felling thereof for reasons beyondthe beyond the control of the Contractor; 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 heretoagree hereto agree that the felled trees shall be deemed to be owned by the Authority SPV and shall be disposed in such manner and subject to such conditions as the Authority SPV 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 SPV within the time specified in the Agreement; and for any period of delay in providing the Applicable Permits, the Contractor shall be entitled to Damages and Time Extension as provided under Clause 9.2.1.
Appears in 1 contract
Samples: www.nicdc.in
Felling of trees. The Authority shall obtain assist the Concessionaire in obtaining the Applicable Permits for felling of trees to be identified by the Authority for this purpose if and only if such trees cause a Material Adverse Effect on the construction ofthe Construction of the Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the ContractorAuthority. In the event of any delay in felling thereof for reasons beyondthe beyond the control of the ContractorConcessionaire; 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 heretoagree 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; and for any period of delay in providing the Applicable Permits, the Contractor Concessionaire shall be entitled to Damages and Time Extension as provided under Clause 9.2.110.2.1.
Appears in 1 contract
Samples: Concession Agreement
Felling of trees. 9.4.1 The Authority Employer shall obtain assist the Contractor in obtaining the Applicable Permits for felling of trees to be identified by the Authority Employer for this purpose if and only if such trees cause a Material Adverse Effect on the construction ofthe Railway ProjectConstruction or Maintenance of the Project Works. The cost of such felling and of the compensatory plantation of trees, if any, trees shall be borne by the Contractor. In Contractor and in the event of any delay in felling thereof for reasons beyondthe beyond the control of the Contractor; 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 heretoagree hereto agree that the felled trees (except the Scheduled trees, which shall be Employers Property) shall be deemed to be owned by the Authority Employer and shall be disposed in such a manner and subject to such conditions as the Authority Employer may in its sole discretion deem appropriate, as as appropriate with required statutory approvals. Obtaining the required statutory approvals for above shall be the responsibility of the Contractor. 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; and for any period of delay in providing the Applicable Permits, the Contractor shall be entitled to Damages and Time Extension as provided under Clause 9.2.1.
Appears in 1 contract
Samples: Epc Contract Agreement
Felling of trees. The Authority shall obtain assist the Concessionaire in obtaining the Applicable Permits for felling of trees to be identified by the Authority for this purpose if and only if such trees cause a Material Adverse Effect on the construction ofthe of the Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the ContractorAuthority. In the event of any delay in felling thereof for reasons beyondthe beyond the control of the ContractorConcessionaire; 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 heretoagree 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; and for any period of delay in providing the Applicable Permits, the Contractor Concessionaire shall be entitled to Damages and Time Extension as provided under Clause 9.2.110.2.1.
Appears in 1 contract
Samples: Concession Agreement