General Obligations of the Authority. (a) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement. (b) Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following: (i) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project, subject to the Concessionaire submitting its applications complete in all respect in a timely manner. The Authority agrees and undertakes that it shall not unreasonably delay or withhold provision of any such reasonable support or assistance to the Concessionaire; (ii) upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; (iii) transfer the Project Site on leave and license basis free from Encumbrance to the Concessionaire from the Government Instrumentality and ensure that no barriers are erected or placed on or about the Project Site and/or Resort and Project Infrastructure by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergency, national security, or law and order; (iv) not do or omit to do any act, deed or thing which may in any manner violate the provisions of this Agreement; (v) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; (vi) upon written request from the Concessionaire, execute the Substitution Agreement; and (vii) upon written request from the Concessionaire and subject to the provisions of Article 5.5, provide reasonable assistance to the Concessionaire at the Concessionaire’s cost and expense and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements. No such assistance or lack thereof by the Authority shall absolve the Concessionaire of its obligations under this Agreement or amount to Force Majeure under this Agreement. Notwithstanding anything in this Article, the Authority shall not be required to provide any financial support or financial assistance to the Concessionaire.
Appears in 6 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
General Obligations of the Authority. 6.1.1 The Authority shall:
(a) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement.
(b) Subject subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(i) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation augmentation and operation of the Project, subject to the Concessionaire submitting its applications complete in all respect in a timely manner. The Authority agrees and undertakes that it shall not unreasonably delay or withhold provision of any such reasonable support or assistance to the Concessionaire;
(ii) upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent servicesgovernment hospitals;
(iii) transfer the Project Site for Medical College on leave and license a lease basis free from Encumbrance to the Concessionaire from the Government Instrumentality and ensure that no barriers are erected or placed on or about the Project Site and/or Resort and Project Infrastructure Medical College by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergency, national security, or law and order;
(iv) provide access to the District Hospital to the Concessionaire along with all its existing assets, machinery, plant, equipment etc. in accordance with Article 11 and transfer or modify, whichever necessary, all Applicable Permits in favour of the Concessionaire, in accordance with the Applicable Laws and ensure that no barriers are erected or placed on or about the District Hospital by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergency, national security, or law and order;
(v) transfer the existing employees, retainers, staff, which are not being deputed to the Concessionaire, including but not limited to, doctors, nurses, medical support staff and other employees of the District Hospital in accordance with the Project Completion Schedule at Schedule G and all Applicable Laws;
(vi) shall pay the salary, post retirement benefits and allowances to the employees, retainers and staff seconded or deputed to the Concessionaire as though such employees, retainers and staff was still on the rolls of the District Hospital, including the Chief Medical Officer and the Casualty Medical Officer;
(vii) not do or omit to do any act, deed or thing which may in any manner violate the provisions of this Agreement;
(vviii) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(viix) upon written request from the Concessionaire, execute the Substitution Agreement; and
(vii) upon written request from the Concessionaire and subject to the provisions of Article 5.5, provide reasonable assistance to the Concessionaire at the Concessionaire’s cost and expense and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements. No such assistance or lack thereof by the Authority shall absolve the Concessionaire of its obligations under this Agreement or amount to Force Majeure under this Agreement. Notwithstanding anything in this Article, the Authority shall not be required to provide any financial support or financial assistance to the Concessionaire.
Appears in 6 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
General Obligations of the Authority. (a) 6.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement.
(b) 6.1.2 Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(ia) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project, subject to the Concessionaire submitting its applications complete in all respect in a timely manner. The Authority agrees and undertakes that it shall not unreasonably delay or withhold provision of any such reasonable support or assistance to the Concessionaire;
(iib) upon written request from transfer the Concessionaire, provide reasonable assistance Site to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(iii) transfer the Project Site on leave and license basis free from Encumbrance to the Concessionaire from the Government Instrumentality and ensure that no barriers are erected or placed on or about the Project Site and/or Resort and Project Infrastructure Hospital by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergencyemergency, national security, or law and order;
(ivc) assist the Concessionaire in procuring police assistance for dealing with Medico-Legal Cases which are brought to the Hospital;
(d) not do or omit to do any act, deed or thing which may in any manner violate the provisions of this Agreement;
(ve) in addition to the Select Patients identified under the Government Health Schemes, identify or cause to be identified persons or families who shall be the Select Patients eligible for provision of Healthcare Services in accordance with this Agreement;
(f) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(vig) upon written request from monitor adherence to all Key Performance Indicators by the Concessionaire, execute Concessionaire during the Substitution Agreement; andConcession Period;
(viih) make payments of the Fixed Grant, Additional Grant (if any) and any other payments to the Concessionaire in the manner and within the time period specified in this Agreement;
(i) upon written request from the Concessionaire and subject to the provisions of Article 5.5Clause 5.4, provide reasonable assistance to the Concessionaire at the Concessionaire’s cost and expense and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements. No such ;
(j) institute and operate a stakeholder / grievance mechanism and external communication systems in accordance with the terms of this Agreement to be able to engage with various stakeholders and neighborhood communities should concerns on development of Hospital arises; and
(k) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance or lack thereof to the Concessionaire in procuring empanelment of the Hospital with any Government Health Scheme that may be announced by the Authority shall absolve the Concessionaire of its obligations under this Agreement or amount State Government, from time to Force Majeure under this Agreementtime. Notwithstanding anything in this ArticleClause, the Authority shall not be required to provide any financial support or financial assistance to the Concessionaire, save as expressly provided in this Agreement.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
General Obligations of the Authority. (a) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement.
(b) Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(i) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project, subject to the Concessionaire submitting its applications complete in all respect in a timely manner. The Authority agrees and undertakes that it shall not unreasonably delay or withhold provision of any such reasonable support or assistance to the Concessionaire;
(ii) upon written request from transfer the Concessionaire, provide reasonable assistance Site to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(iii) transfer the Project Site on leave and license basis free from Encumbrance to the Concessionaire from the Government Instrumentality and ensure that no barriers are erected or placed on or about the Project Site and/or Resort and Project Infrastructure Project, as the case may be, by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergencyemergency, national security, or law and order. Authority shall, in case Optional Development is demonstrably elected to be undertaken by Concessionaire, make available adequate additional land as required to comply with Medical Council of India/competent authority’s requirement in respect of development of Medical College, in which case such additional land shall be deemed to form part of the Site being given on leasehold basis under the lease agreement executed for this purpose;
(iviii) not do or omit to do any act, deed or thing which may in any manner violate the provisions of this Agreement;
(viv) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(v) monitor adherence to all Key Performance Indicators by the Concessionaire during the Concession Period;
(vi) upon written request from make all payments to the Concessionaire, execute Concessionaire in the Substitution manner and within the time period specified in this Agreement; and;
(vii) upon written request from the Concessionaire and subject to the provisions of Article Clause 5.5, provide reasonable assistance to the Concessionaire at the Concessionaire’s cost and expense and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements;
(viii) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring empanelment of the Project with any insurance scheme that may be announced by the State Government, from time to time;
(ix) upon written request from the Concessionaire and prior to the application to MCI or equivalent authority for an LOI in respect of the Medical College, provide reasonable assistance to procure affiliation with a university for the purposes of operation and maintenance of the Medical College on best effort basis;
(x) ensure that the Authority holds and owns (legally and beneficially, with all associated rights as provided hereunder), the Golden Share in the issued and paid up share capital of the Concessionaire throughout the Concession Period;
(xi) the CMO / Authority may refer at all the time during Concession Period, in writing any Select Patient(s) for free treatment as a part of CSR initiative or otherwise. No The reimbursement for such assistance or lack thereof provision of Healthcare Services shall be made by the Authority shall absolve at CGHS rates, as prevailing in Bhubaneswar in accordance with the Concessionaire provision of its obligations under this Agreement or amount to Force Majeure under this Agreement. For avoidance of doubt, it’s not binding on the Authority to refer such patients, and the referral of such Select Patient (if any) shall not be applicable towards fulfilling of the Concessionaire’s obligations arising from any other obligation of Concessionaire to treat the related BPL Patient free of cost. The Authority shall not reimburse for such Patients;
(xii) Provide 20 (twenty) residential quarters to Concessionaire for its staff i.e. doctor and nurses etc. (other than Select Employees) from COD of Phase 0 and from COD of Phase I till the end of the Concession Period, 30 (thirty) additional residential quarters may subject to availability be provided at a rent as per applicable Scale of Rates(SoR)
(xiii) Upon written request made by Concessionaire post occurrence of COD of Phase II, Authority may, subject to availability, make available residential
(xiv) Upon request made by Concessionaire in writing, Authority may, on reasonable effort basis, request interested PSUs and/or other entities operational in the neighborhood to refer patients to the Project hospital for availing treatment. Notwithstanding anything in this ArticleClause, the Authority shall not be required to provide any financial support or financial assistance to the ConcessionaireConcessionaire (save and except the expressly enumerated payments in Clause 26).
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
General Obligations of the Authority. (a) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement.
(b) Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(i) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project, subject to the Concessionaire submitting its applications complete in all respect in a timely manner. The Authority agrees and undertakes that it shall not unreasonably delay or withhold provision of any such reasonable support or assistance to the Concessionaire;
(ii) upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(iii) transfer the Project Site on leave and license basis free from Encumbrance to the Concessionaire from the Government Instrumentality and ensure that no barriers are erected or placed on or about the Project Site and/or Resort and Project Infrastructure by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergency, national security, or law and order;
(iv) not do or omit to do any act, deed or thing which may in any manner violate the provisions of this Agreement;
(v) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(vi) upon written request from the Concessionaire, execute the Substitution Agreement; and
(vii) upon written request from the Concessionaire and subject to the provisions of Article 5.5, provide reasonable assistance to the Concessionaire at the Concessionaire’s cost and expense and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements. No such assistance or lack thereof by the Authority shall absolve the Concessionaire of its obligations under this Agreement or amount to Force Majeure under this Agreement. Notwithstanding anything in this Article, the Authority shall not be required to provide any financial support or financial assistance to the Concessionaire.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
General Obligations of the Authority. (a) 6.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement.
(b) 6.1.2 Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(ia) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project, subject to the Concessionaire submitting its applications complete in all respect in a timely manner. The Authority agrees and undertakes that it shall not unreasonably delay or withhold provision of any such reasonable support or assistance to the Concessionaire;
(iib) upon written request from transfer the Concessionaire, provide reasonable assistance Site to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(iii) transfer the Project Site on leave and license basis free from Encumbrance to the Concessionaire from the Government Instrumentality and ensure that no barriers are erected or placed on or about the Project Site and/or Resort and Project Infrastructure Hospital by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergencyemergency, national security, or law and order;
(ivc) assist the Concessionaire in procuring police assistance for dealing with Medico-Legal Cases which are brought to the Hospital;
(d) not do or omit to do any act, deed or thing which may in any manner violate the provisions of this Agreement;
(ve) in addition to the Select Patients identified under the Government Health Schemes, identify or cause to be identified persons or families who shall be the Select Patients eligible for provision of Healthcare Services in accordance with this Agreement;
(f) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(vig) upon written request from monitor adherence to all Key Performance Indicators by the Concessionaire, execute Concessionaire during the Substitution Agreement; andConcession Period;
(viih) make payments of the Fixed Grant, Additional Grant (if any) and any other payments to the Concessionaire in the manner and within the time period specified in this Agreement;
(i) upon written request from the Concessionaire and subject to the provisions of Article 5.5Clause 5.4, provide reasonable assistance to the Concessionaire at the Concessionaire’s cost and expense and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements. No such ;
(j) institute and operate a stakeholder / grievance mechanism and external communication systems in accordance with the terms of this Agreement to be able to engage with various stakeholders and neighborhood communities should concerns on development of Hospital arises; and
(k) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance or lack thereof to the Concessionaire in procuring empanelment of the Hospital with any Government Health Scheme that may be announced by the Authority shall absolve the Concessionaire of its obligations under this Agreement or amount State Government, from time to Force Majeure under this Agreementtime. Notwithstanding anything in this ArticleClause, the Authority shall not be required to provide any financial support or financial assistance to the Concessionaire.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
General Obligations of the Authority. The Authority shall:
(a) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement.under Applicable Laws;
(b) Subject make reasonable endeavours to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(i) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to assist the Concessionaire in procuring obtaining the Applicable Permits required from any the relevant Government Instrumentality for implementation and operation of the ProjectAuthorities, subject to provided that the Concessionaire submitting its applications complete in has complied with all respect the requirements as per Applicable Laws for applying for such Applicable Permits;
(c) xxxxx, in a timely manner. The manner all such approvals, permissions and authorizations which the Concessionaire may require, or is obliged to seek, from the Authority agrees under this Agreement, in connection with implementation of the Project and undertakes that it shall not unreasonably delay or withhold provision the performance of any such reasonable support or assistance to the Concessionaireits obligations;
(iid) upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilitiespermits for utilities such as power, water, sewerage, telecommunications or any other incidental services/utilities that may be required for the Project, including water and electricity at rates and on terms no less favourable providing reasonable assistance to the Concessionaire than those generally available to commercial customers receiving substantially equivalent servicesin procuring the water supply for the construction, operation and maintenance of the Project Facilities;
(iiie) transfer within [30 (thirty)] days of the Execution Date, and in any event, prior to the commencement of any construction of the Project Facilities, appoint a Person with sufficient skill and expertise to act as Authority's Representative. The Authority's Representative shall liaise with the Concessionaire's Representative and the Independent Engineer during the Concession Period. At any time during the Concession Period, Authority may replace Authority’s Representative with prior written notice to the Concessionaire;
(f) grant to the Concessionaire, Right of Way and peaceful and actual possession of the Site on leave in accordance with the timelines in this Agreement and license basis free ensure that the Concessionaire enjoys peaceful access to the Site
(g) not assign, transfer, or otherwise dispose of its rights, title, and interest in the Site or create any Encumbrance over any part of the Site, which may adversely impact the exercise of the Concessionaire's rights and duties under this Agreement;
(h) declare and maintain, or cause to declare and maintain, a no-development zone of habitation around the Site in accordance with Applicable Laws;
(i) make the SLF or any Alternate Disposal Location available in time to allow the Concessionaire to deliver any Residual Inert Matter generated from Encumbrance the Trial Operations and operation of the MRF and any Residual Waste;
(j) cause the Independent Engineer to carry out timely inspection of the Project Facilities, and perform its other obligations and duties under this Agreement;
(k) upon progressive completion of the works for the construction of the Project Facilities, inspect or cause the Independent Engineer to inspect the works and issue the [Milestone Completion Certificates41 / Construction Completion Certificate42] to the Concessionaire;
(l) monitor and review the operations and performance of the Project Facilities, including the obligation to review the records and reports that the Concessionaire is required to maintain, during normal working hours;
(m) supply adequate quantities of Acceptable Waste required by the Concessionaire for it to conduct the Trial Operations and performance testing of the Project Facilities;
(n) engage sufficient number of C&T Contractors to ensure that it supplies the Daily Guaranteed Acceptable Waste Quantity to the Concessionaire from at the Government Instrumentality and ensure that no barriers are erected or placed on or about Receipt Point in accordance with the Project Site and/or Resort and Project Infrastructure by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergency, national security, or law and order;
(iv) not do or omit to do any act, deed or thing which may in any manner violate the provisions requirements of this Agreement;
(vo) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(vi) upon written request from the Concessionaire, execute the Substitution Agreement; and
(vii) upon written request from the Concessionaire and subject to the provisions of Article 5.5, provide reasonable assistance ensure that Acceptable Waste is delivered to the Concessionaire at the Concessionaire’s cost Receipt Point and expense and is not dumped at any expatriate personnel other place on or about the Site;
(p) ensure that any excess Acceptable Waste (i.e., Acceptable Waste beyond the Design Capacity of the Concessionaire or its Contractors MRF Facility), which is not utilized at the MRF is diverted to obtain applicable visas and work permits for the purposes of discharge by an alternate location;
(q) ensure that no Prohibited Waste is delivered to the Concessionaire or its Contractors their obligations under this Agreement and if any Prohibited Waste is delivered at the Site, then cause such Prohibited Waste to be promptly and safely removed from the Site;
(r) ensure that the Escrow Account is funded with the Minimum Escrow Balance;
(s) ensure that the LC is procured and maintained in accordance with the requirements as set out in Clause 22.8;
(t) [make the Grant payments, on satisfactory completion of the relevant Project Agreements. No such assistance or lack thereof by the Authority shall absolve the Concessionaire of its obligations under this Agreement or amount to Force Majeure under this Agreement. Notwithstanding anything Milestones in this Article41 Drafting Note: To be deleted if no Grant is payable and, the Authority shall not be required to provide any financial support or financial assistance to the Concessionairetherefore, there are no Project Milestones.
Appears in 1 contract
Samples: Concession Agreement
General Obligations of the Authority. The Authority shall:
(a) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement.under Applicable Laws;
(b) Subject make reasonable endeavours to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(i) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to assist the Concessionaire in procuring obtaining the Applicable Permits required from any the relevant Government Instrumentality for implementation and operation of the ProjectAuthorities, subject to provided that the Concessionaire submitting its applications complete in has complied with all respect the requirements as per Applicable Laws for applying for such Applicable Permits;
(c) xxxxx, in a timely manner. The manner all such approvals, permissions and authorizations which the Concessionaire may require, or is obliged to seek, from the Authority agrees under this Agreement, in connection with implementation of the Project and undertakes that it shall not unreasonably delay or withhold provision the performance of any such reasonable support or assistance to the Concessionaireits obligations;
(iid) upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilitiespermits for utilities such as power, water, sewerage, telecommunications or any other incidental services/utilities that may be required for the Project, including water and electricity at rates and on terms no less favourable providing reasonable assistance to the Concessionaire than those generally available to commercial customers receiving substantially equivalent servicesin procuring the water supply for the construction, operation and maintenance of the Project Facilities;
(iiie) transfer within [30 (thirty)] days of the Execution Date, and in any event, prior to the commencement of any construction of the Project Facilities, appoint a Person with sufficient skill and expertise to act as Authority's Representative. The Authority's Representative shall liaise with the Concessionaire's Representative and the Independent Engineer during the Concession Period. At any time during the Concession Period, Authority may replace Authority’s Representative with prior written notice to the Concessionaire;
(f) grant to the Concessionaire, Right of Way and peaceful and actual possession of the Site on leave in accordance with the timelines in this Agreement and license basis free ensure that the Concessionaire enjoys peaceful access to the Site
(g) not assign, transfer, or otherwise dispose of its rights, title, and interest in the Site or create any Encumbrance over any part of the Site, which may adversely impact the exercise of the Concessionaire's rights and duties under this Agreement;
(h) declare and maintain, or cause to declare and maintain, a no-development zone of habitation around the Site in accordance with Applicable Laws;
(i) make the SLF or any Alternate Disposal Location available in time to allow the Concessionaire to deliver any Residual Inert Matter generated from Encumbrance the Trial Operations and operation of the WtC Facility and any Residual Waste;
(j) cause the Independent Engineer to carry out timely inspection of the Project Facilities, and perform its other obligations and duties under this Agreement;
(k) upon progressive completion of the works for the construction of the Project Facilities, inspect or cause the Independent Engineer to inspect the works and issue the [Milestone Completion Certificates37 / Construction Completion Certificate38] to the Concessionaire;
(l) monitor and review the operations and performance of the Project Facilities, including the obligation to review the records and reports that the Concessionaire is required to maintain, during normal working hours;
(m) supply adequate quantities of Acceptable Waste required by the Concessionaire for it to conduct the Trial Operations and performance testing of the Project Facilities;
(n) engage sufficient number of C&T Contractors to ensure that it supplies the Daily Guaranteed Acceptable Waste Quantity to the Concessionaire from at the Government Instrumentality and ensure that no barriers are erected or placed on or about Receipt Point in accordance with the Project Site and/or Resort and Project Infrastructure by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergency, national security, or law and order;
(iv) not do or omit to do any act, deed or thing which may in any manner violate the provisions requirements of this Agreement;
(vo) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(vi) upon written request from the Concessionaire, execute the Substitution Agreement; and
(vii) upon written request from the Concessionaire and subject to the provisions of Article 5.5, provide reasonable assistance ensure that Acceptable Waste is delivered to the Concessionaire at the Concessionaire’s cost Receipt Point and expense and is not dumped at any expatriate personnel other place on or about the Site;
(p) ensure that any excess Acceptable Waste (i.e., Acceptable Waste beyond the Design Capacity of the Concessionaire or its Contractors WtC Facility), which is not utilized at the WtC Facility is diverted to obtain applicable visas and work permits for the purposes of discharge by an alternate location;
(q) ensure that no Prohibited Waste is delivered to the Concessionaire or its Contractors their obligations under this Agreement and if any Prohibited Waste is delivered at the Site, then cause such Prohibited Waste to be promptly and safely removed from the Site;
(r) ensure that the Escrow Account is funded with the Minimum Escrow Balance;
(s) ensure that the LC is procured and maintained in accordance with the requirements as set out in Clause 22.8;
(t) [make the Grant payments, on satisfactory completion of the relevant Project Agreements. No such assistance or lack thereof by the Authority shall absolve the Concessionaire of its obligations under this Agreement or amount to Force Majeure under this Agreement. Notwithstanding anything Milestones in this Article, the Authority shall not be required to provide any financial support or financial assistance to the Concessionaire.accordance with Article 22;]39 and
Appears in 1 contract
Samples: Concession Agreement
General Obligations of the Authority. The Authority shall:
(a) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement.under Applicable Laws;
(b) Subject make reasonable endeavours to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(i) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to assist the Concessionaire in procuring obtaining the Applicable Permits required from any the relevant Government Instrumentality for implementation and operation of the ProjectAuthorities, subject to provided that the Concessionaire submitting its applications complete in has complied with all respect the requirements as per Applicable Laws for applying for such Applicable Permits;
(c) xxxxx, in a timely manner. The manner all such approvals, permissions and authorizations which the Concessionaire may require, or is obliged to seek, from the Authority agrees under this Agreement, in connection with implementation of the Project and undertakes that it shall not unreasonably delay or withhold provision the performance of any such reasonable support or assistance to the Concessionaireits obligations;
(iid) upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilitiespermits for utilities such as power, water, sewerage, telecommunications or any other incidental services/utilities that may be required for the Project, including water and electricity at rates and on terms no less favourable providing reasonable assistance to the Concessionaire than those generally available to commercial customers receiving substantially equivalent servicesin procuring the water supply for the construction, operation and maintenance of the Project Facilities;
(iiie) transfer within [30 (thirty)] days of the Execution Date, and in any event, prior to the commencement of any construction of the Project Site on leave Facilities, appoint a Person with sufficient skill and license basis free from Encumbrance expertise to act as Authority's Representative. The Authority's Representative shall liaise with the Concessionaire's Representative and the Independent Engineer during the Concession Period. At any time during the Concession Period, Authority may replace Authority’s Representative with prior written notice to the Concessionaire;
(f) grant to the Concessionaire from Right of Way and peaceful and actual possession of the Government Instrumentality Site in accordance with the timelines in this Agreement and ensure that no barriers are erected or placed on or about the Project Site and/or Resort and Project Infrastructure by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergency, national security, or law and orderConcessionaire enjoys peaceful access to the Site;
(ivg) not do assign, transfer, or omit to do otherwise dispose of its rights, title, and interest in the Site or create any actEncumbrance over any part of the Site, deed or thing which may adversely impact the exercise of the Concessionaire's rights and duties under this Agreement;
(h) declare and maintain, or cause to declare and maintain, a no-development zone of habitation around the Site in accordance with Applicable Laws;
(i) make the SLF or any manner violate Alternate Disposal Location available in time to allow the provisions Concessionaire to deliver any Residual Inert Matter generated from the Trial Operations and operation of the WtE Facility;
(j) cause the Independent Engineer to carry out timely inspection of the Project Facilities, and perform its other obligations and duties under this Agreement;
(k) upon progressive completion of the works for the construction of the Project Facilities, inspect or cause the Independent Engineer to inspect the works and issue the Milestone Completion Certificates to the Concessionaire;
(l) monitor and review the operations and performance of the Project Facilities, including the obligation to review the records and reports that the Concessionaire is required to maintain, during normal working hours;
(m) supply adequate quantities of Acceptable Waste required by the Concessionaire for it to conduct the Trial Operations and performance testing of the Project Facilities;
(n) engage sufficient number of C&T Contractors to ensure that it supplies the Daily Guaranteed Acceptable Waste Quantity to the Concessionaire at the Receipt Point in accordance with the requirements of this Agreement;
(vo) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(vi) upon written request from the Concessionaire, execute the Substitution Agreement; and
(vii) upon written request from the Concessionaire and subject to the provisions of Article 5.5, provide reasonable assistance ensure that Acceptable Waste is delivered to the Concessionaire at the Concessionaire’s cost Receipt Point and expense and is not dumped at any expatriate personnel other place on or about the Site;
(p) ensure that any excess Acceptable Waste (i.e., Acceptable Waste beyond [•]% of the Concessionaire or its Contractors Design Capacity of the WtE Facility), which is not utilized at the WtE Facility is diverted to obtain applicable visas and work permits for the purposes of discharge by an alternate location;
(q) ensure that no Prohibited Waste is delivered to the Concessionaire or its Contractors their obligations under this Agreement and if any Prohibited Waste is delivered at the Site, then cause such Prohibited Waste to be promptly and safely removed from the Site;
(r) ensure that the Escrow Account is funded with the Minimum Escrow Balance;
(s) ensure that the LC is procured and maintained in accordance with the requirements as set out in Clause 22.8;
(t) [make the Grant payments, on satisfactory completion of the relevant Project Agreements. No such assistance or lack thereof by Milestones in accordance with Article 22;]49
(u) [make the Authority shall absolve Processing Fee payments, after approval of the Concessionaire Processing Fee Statement, in accordance with Article 22;] 50 and
(v) [make the Compensatory Tariff payments, after approval of its obligations under this Agreement or amount to Force Majeure under this Agreement. Notwithstanding anything the Compensatory Tariff Statement, in this Article, the Authority shall not be required to provide any financial support or financial assistance to the Concessionaire.accordance with Article 22.]51
Appears in 1 contract
Samples: Concession Agreement
General Obligations of the Authority. (a) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement.
(b) Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(i) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project, subject to the Concessionaire submitting its applications complete in all respect in a timely manner. The Authority agrees and undertakes that it shall not unreasonably delay or withhold provision of any such reasonable support or assistance to the Concessionaire;
(ii) upon written request from transfer the Concessionaire, provide reasonable assistance Site to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(iii) transfer the Project Site on leave and license basis free from Encumbrance to the Concessionaire from the Government Instrumentality and ensure that no barriers are erected or placed on or about the Project Site and/or Resort and Project Infrastructure Project, as the case may be, by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergencyemergency, national security, or law and order;
(iii) assist the Concessionaire in procuring police assistance for dealing with medico-legal cases which are brought to the Hospital;
(iv) not do or omit to do any act, deed or thing which may in any manner violate the provisions of this Agreement;
(v) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(vi) upon written request from monitor adherence to all Key Performance Indicators by the Concessionaire, execute Concessionaire during the Substitution Agreement; andConcession Period;
(vii) make all payments to the Concessionaire in the manner and within the time period specified in this Agreement;
(viii) upon written request from the Concessionaire and subject to the provisions of Article Clause 5.5, provide reasonable assistance to the Concessionaire at the Concessionaire’s cost and expense and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements;
(ix) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring empanelment of the Project with any insurance scheme that may be announced by the State Government, from time to time;
(x) upon written request from the Concessionaire and prior to the application to MCI or equivalent authority for an LOI in respect of the Medical College, procure affiliation with a university for the purposes of operation and maintenance of the Medical College;
(xi) ensure that the Authority holds and owns (legally and beneficially, with all associated rights as provided hereunder), the Golden Share in the issued and paid up share capital of the Concessionaire throughout the Concession Period;
(xii) the CMO / Authority may refer at all the time during Concession Period, in writing any Select Patient(s) for free treatment as a part of CSR initiative or otherwise. No The reimbursement for such assistance or lack thereof provision of Healthcare Services shall be made by the Authority shall absolve at CGHS rates, as prevailing in Bhubaneswar in accordance with the Concessionaire provision of its obligations under this Agreement or amount to Force Majeure under this Agreement. For avoidance of doubt, it’s not binding on the Authority to refer such patients, and the referral of such Select Patient (if any) shall not be applicable towards fulfilling of the Concessionaire’s obligations arising from any other obligation of Concessionaire to treat the related BPL Patient free of cost. The Authority shall not reimburse for such Patients;
(xiii) Provide 20 (twenty) residential quarters to Concessionaire for its staff i.e. doctor and nurses etc. (other than Select Employees) from COD of Phase 0 and from COD of Phase I till the end of the Concession Period, 30 (thirty) additional residential quarters shall be provided at a rent as applicable for Paradip Port employees. The Concessionaire may upon achievement of COD of Phase II negotiate with the Authority for sanction of additional residential quarters at applicable rent as applicable to Pardadip Port employees. Provided however that such residential quarters shall be provided by the Authority at its sole discretion and subject to availability. Notwithstanding anything in this ArticleClause, the Authority shall not be required to provide any financial support or financial assistance to the ConcessionaireConcessionaire (save and except the expressly enumerated payments in Clause 26).
Appears in 1 contract
Samples: Concession Agreement
General Obligations of the Authority. (a) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement.
(b) Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(i) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project, subject to the Concessionaire submitting its applications complete in all respect in a timely manner. The Authority agrees and undertakes that it shall not unreasonably delay or withhold provision of any such reasonable support or assistance to the Concessionaire;
(ii) upon written request from transfer the Concessionaire, provide reasonable assistance Site to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(iii) transfer the Project Site on leave and license basis free from Encumbrance to the Concessionaire from the Government Instrumentality and ensure that no barriers are erected or placed on or about the Project Site and/or Resort and Project Infrastructure Project, as the case may be, by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergencyemergency, national security, or law and order;
(iii) assist the Concessionaire in procuring police assistance for dealing with medico-legal cases which are brought to the Hospital;
(iv) not do or omit to do any act, deed or thing which may in any manner violate the provisions of this Agreement;
(v) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(vi) upon written request from monitor adherence to all Key Performance Indicators by the Concessionaire, execute Concessionaire during the Substitution Agreement; andConcession Period;
(vii) make all payments to the Concessionaire in the manner and within the time period specified in this Agreement;
(viii) upon written request from the Concessionaire and subject to the provisions of Article Clause 5.5, provide reasonable assistance to the Concessionaire at the Concessionaire’s cost and expense and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements;
(ix) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring empanelment of the Project with any insurance scheme that may be announced by the State Government, from time to time;
(x) upon written request from the Concessionaire and prior to the application to MCI or equivalent authority for an LOI in respect of the Medical College, procure affiliation with a university for the purposes of operation and maintenance of the Medical College;
(xi) ensure that the Authority holds and owns (legally and beneficially, with all associated rights as provided xxxxxxxxx), the Golden Share in the issued and paid up share capital of the Concessionaire throughout the Concession Period; and
(xii) the CMO / Authority may refer at all the time during Concession Period, in writing any Select Patients for free treatment as a part of CSR initiative. No The reimbursement for such assistance or lack thereof cases shall be made by the Authority shall absolve at CGHS rates, Mumbai in accordance with the Concessionaire provision of its obligations under this Agreement or amount to Force Majeure under this Agreement. For avoidance of doubt, its not binding on the Authority to refer such patients, and such referral (if any) shall not be applicable towards fulfilling the permissible FAR of 1.33 (not availing additional FAR beyond 1.33) related obligation of Concessionaire to treat the related BPL Patient free of cost. Authority shall not reimburse for such Select Patients. Notwithstanding anything in this ArticleClause, the Authority shall not be required to provide any financial support or financial assistance to the ConcessionaireConcessionaire (save and except the expressly enumerated payments in Clause 26).
Appears in 1 contract
Samples: Concession Agreement
General Obligations of the Authority. (a) 6.1.1 The Authority shall, at its own cost and expense, undertake, comply with with, and perform all its obligations set out in this AgreementAgreement or arising hereunder.
(b) Subject 6.1.2 The Authority agrees to provide support to the Strategic Partner and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform the following:
(ia) upon written request from the ConcessionaireStrategic Partner, and subject to the Concessionaire Strategic Partner complying with Applicable Laws, provide all reasonable support and assistance to the Concessionaire Strategic Partner in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project, subject , including but not limited to assistance in the Concessionaire submitting its applications complete in all respect in a timely manner. The Authority agrees and undertakes that it shall not unreasonably delay or withhold provision procurement of any such reasonable support or assistance to sanitary, phytosanitary and quarantine approvals as may be necessary under Applicable Laws for the Concessionairepurpose of supply of SPF-SPT PL of L. vannamei shrimps;
(iib) upon written request from undertake to coordinate with the Concessionaire, provide reasonable assistance concerned authorities and other departments to issue appropriate instructions to the Concessionaire in obtaining access to all necessary infrastructure facilities field officers of these departments for making available required assistance and utilities, including water and electricity at rates and on terms no less favourable resources to the Concessionaire than those generally available to commercial customers receiving substantially equivalent servicesStrategic Partner towards the discharge of its obligations as per this Agreement;
(iii) transfer the Project Site on leave and license basis free from Encumbrance to the Concessionaire from the Government Instrumentality and ensure that no barriers are erected or placed on or about the Project Site and/or Resort and Project Infrastructure by any Government Instrumentality or persons claiming through or under any Government Instrumentality, except for reasons of Safety Requirements, Emergency, national security, or law and order;
(ivc) not do or omit to do any act, deed or thing which may in any manner violate be violative of any of the provisions of this Agreement;
(vd) support, cooperate with and discharge its obligations to facilitate the Concessionaire Strategic Partner in the implementation and operation of the Project performing its obligations in accordance with the provisions of this Agreement;
(vie) upon written request from the Concessionaire, execute the Substitution Agreement; and
(vii) upon written request from the Concessionaire and subject to the provisions of Article 5.5Strategic Partner, provide reasonable assistance to the Concessionaire at the Concessionaire’s cost and expense and any expatriate personnel of the Concessionaire Strategic Partner or its Contractors Subcontractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire Strategic Partner or of its Contractors Subcontractors of their obligations under this Agreement Agreement;
(f) ensure timely payment of all Fee to the Strategic Partner in accordance with the provisions of this Agreement;
(g) ensure that all the Applicable Permits and other regulatory approvals, if any are required and which may be necessary for supply of the SPF-SPT PL of L. vannamei shrimps are in place during the Term of this Agreement;
(h) ensure that there is no breach of Confidential Information and also ensure that the Intellectual Property rights, technical know-how, Documentation and data provided by the Strategic Partner as part of the Services, are utilized only for the objective of this Project and is not utilized and implemented elsewhere in any manner whatsoever;
(i) ensure that the Engineering Consultant is appointed within the Effective Date of this Agreement;
(j) ensure that the Construction Agency is appointed within two months from completion of the Design Phase;
(k) ensure on a best effort basis that the Construction Agency completes construction of the NBC within 2 (two) years of its appointment;
(l) ensure that the construction of the NBC by the Construction Agency is in compliance with the Concept Design prepared by the Strategic Partner and approved by the Authority, and the Project Agreements. No such assistance or lack thereof designs and drawings prepared by the Engineering Consultant and approved by the Authority shall absolve the Concessionaire of its obligations under this Agreement or amount to Force Majeure under this Agreement. Notwithstanding anything in this Article, the Authority shall not be required to and Strategic Partner;
(m) provide any financial support or financial all reasonable assistance to the ConcessionaireStrategic Partner during the course of the Operations Phase with respect to the selective breeding activities that shall take place at the Site of the NBC; and
(n) endeavour to provide timely approval to the Concept Design, and any other deliverable as stipulated in Schedule A or elsewhere in this Agreement so as to ensure that the Strategic Partner may be able to complete the Services and obligations in conformity with the timelines set out in Schedule C-.
Appears in 1 contract
Samples: Technical Services Agreement
