General Obligation in relation to the Project. 5.8.1 The Developer shall not permit anything to be done on the Project Land which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers or residents of other premises in the vicinity.
5.8.2 The Developer shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 (seventy) years (the “Design Life”).
5.8.3 The Developer shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the Developer, and in case Authority is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority may incur in reference thereto, shall be charged to the Developer. Authority shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Developer, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to Developer, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the Developer.
5.8.4 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue o...
General Obligation in relation to the Project. (i) The Facility Manager shall not permit anything to be done on the Station Area which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers or residents of other premises in the vicinity.
(ii) The Facility Manager shall keep IRSDC informed of all trespass in the Station Area and shall take reasonable and proper measures to ensure that the Assets, Project Utilities or any other property of IRSDC, the MoR and/ or Railway Administration are kept in good working condition.
(iii) All works and services performed or required to be performed by the Facility Manager under this Agreement shall be undertaken in compliance with Applicable Laws and Applicable Permits, and in compliance with the requirements of this Agreement.
(iv) The Facility Manager shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to projects/ undertakings similar to the Project, which is the subject matter of the Agreement.
(v) The Facility Manager will ensure that all materials, equipment, machinery etc. (including all Maintenance Assets) installed by it (and/ or by its Sub-Contractors) on the Station Area and/ or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship and services shall be in accordance with Good Industry Practices (including as maybe applicable at the time of installation, maintenance and or repair) and that all such materials, equipment, machinery (including all Maintenance Assets) shall be fit for the purpose for which it is required. The Facility Manager will ensure that all materials, equipment, hardware, machinery, and all Intellectual Property including all (Maintenance Assets) relating to the SFMIS to IRSDC or its nominee along with all logs, records, manuals, reports prepared thereto shall have an annual maintenance contract for a period not less than 1 (one) year from the Expiry of this Station Facility Management Agreement.
(vi) The Facility Manager shall provide and maintain sheds, store-houses, storage areas and yards at such locations and in such numbers as in the opinion of IRSDC are necessary for carrying out the Project.
(vii) Except for any specific item mentioned in the Sc...
