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 to be identified by the Authority for this purpose if and only if such trees cause a Material Adverse Effect on the construction of the Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the Authority. In the event of any delay in felling thereof for reasons beyond the control of the Contractor; 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; 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.

Felling of trees. The Authority SPV shall assist the Contractor in obtaining 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 of the Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the Authority. In the event of any delay in felling thereof for reasons 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 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.

Felling of trees. The Authority shall assist the Contractor Concessionaire in obtaining the Applicable Permits for felling of trees to be identified by the Authority Concessionaire for this purpose if and only if such trees cause a Material Adverse Effect on the construction construction, operation or maintenance of the Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the Authority. In , and in the event of any delay in felling thereof for reasons beyond the control of the Contractor; Concessionaire, 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 For the avoidance of doubt, 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 Development of MSW Treatment facility in Kolhapur – Draft Concession 2012 Agreement 12 Development and operations of the avoidance Project 12.1 Obligations prior to commencement of doubtconstruction a) submit to the Authority and the Independent Engineer its detailed design, construction methodology, quality assurance procedures, and the Parties agree that if any felling procurement, engineering and construction time schedule for completion of trees hereunder is the Project in a forest areaaccordance with the Project Completion Schedule as set forth in Schedule 5; b) appoint its representative duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; c) undertake, do and perform all such acts, deeds and things as may be necessary or required before commencement of construction under and in accordance with this Agreement, the Applicable Permit thereof shall be procured by Laws and Applicable Permits; and d) make its own arrangements for procuring materials needed for the Authority within the time specified Construction Works and in the Agreement; and for any period of delay in providing accordance with the Applicable Laws and Applicable Permits, the Contractor shall be entitled to Damages and Time Extension as provided under Clause 9.2.1.

Felling of trees. The Authority shall assist the Contractor 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 of the Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the Authority. In the event of any delay in felling thereof for reasons beyond the control of the ContractorConcessionaire; 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; 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.

Felling of trees. The Authority shall assist the Contractor 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 Construction of the Railway Project. The cost of such felling and of the compensatory plantation of trees, if any, shall be borne by the Authority. In the event of any delay in felling thereof for reasons beyond the control of the ContractorConcessionaire; 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; 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.

Felling of trees. 9.4.1 The Authority Employer shall 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 Construction or Maintenance of the Railway ProjectProject Works. The cost of such felling and of the compensatory plantation of trees, if any, trees shall be borne by the Authority. In Contractor and in the event of any delay in felling thereof for reasons beyond the control of the Contractor; 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 (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.