General Obligations of the Concessionaire. (a) Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, implement the Project, procure finance for and undertake the development, engineering, procurement, equipping, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
(b) The Concessionaire shall arrange for and procure, at its own cost and risk, all infrastructure facilities and utilities for the construction, development, operation and maintenance of the Project, including procuring connection for and supply of electricity, water, gas and other utilities as may be necessary or required for the operation of the Project. The Concessionaire shall obtain all Applicable Permits and comply with the conditions thereunder for the procurement and use of such infrastructure facilities and utilities.
(c) During the Concession Period, the Concessionaire shall obtain from the relevant Government Instrumentalities, the Applicable Permits (other than the Applicable Permits required to be obtained by the Authority under Article 4.1.2) and keep in force and comply with the conditions of all Applicable Permits for the development, operation and maintenance of the Project and upon Termination, the transfer of the Project to the Authority.
(d) The Concessionaire shall comply with all Applicable Laws and conditions of all Applicable Permits (including keeping them valid and in force as required) while performing its obligations under this Agreement. Further, the Concessionaire shall ensure and procure that its Contractors, if any, comply with all Applicable Permits and Applicable Laws during their performance of any of the Concessionaire's obligations under this Agreement.
(e) Subject to the provisions of Articles 5.1(a) and (b), the Concessionaire shall and shall procure that its Contractors, if any, shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
(f) The Concessionaire shall pay the Concession Fee to the Authority in accordance with Article 24.
(g) The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement:
(i) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project;
(ii) perform and fu...
General Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, implement the Project, procure finance for and undertake the development, engineering, procurement, equipping, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement.
5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
5.1.4 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement:
(a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits (save and except as specified in Clause 4.1.2), and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws;
(b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Hospital;
(c) perform and fulfil its obligations under the Financing Agreements;
(d) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement;
(e) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire’s obligations under this Agreement;
(f) not do or omit to do any act, deed or thing which may, in any manner, be in violation of any of the provisions of this Agreement;
(g) procure that all facilities and amenities within the Project are operated and maintained in accordance with Good Industry Practice and the Patients have non-discriminatory access for use of the same under and in accordance with this Agreement;
(h) ensure that Patients are treated with due courtesy and consideration and provided with ready access to services and information;
(i) support, cooperate with and facilitate the Authority in the implementation ...
General Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, implement the Project, procure finance for and undertake the development, engineering, procurement, equipping, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
General Obligations of the Concessionaire. (a) The Concessionaire will furnish all design, construction and other services, provide all materials, equipment and labor to perform the Work reasonably inferable from this Agreement and perform the Work in accordance with this Agreement.
(b) Except as otherwise expressly provided in this Agreement, the Department makes no warranties or representations as to any surveys, data, reports or other information provided by the Department or other Persons, including the data and other information set forth in Exhibit S (Known Geotechnical Conditions) and Exhibit T (Known Pre-Existing Hazardous Substances), concerning surface or subsurface conditions, the existing condition of the roadway and other Assets, drainage, the presence of Utilities, Hazardous Substances, contaminated ground water, archeological, paleontological and cultural resources, and endangered and threatened species, affecting the Project Right of Way or surrounding locations. The Concessionaire acknowledges that such information is for the Concessionaire’s reference only and has not been verified by the Department, and that the Concessionaire will be responsible for conducting all surveys, studies and assessments as it deems appropriate for the Project; provided, that subject to Section 8.17, the foregoing will not limit the Concessionaire’s rights with respect to Compensation Events and Delay Events.
(c) Except as otherwise expressly provided in this Agreement, the Concessionaire will bear the risk of all conditions occurring on, under or about the Project Right of Way on which the Work is performed, including:
(i) physical conditions of an unusual nature that differ materially from those ordinarily encountered in the area;
(ii) changes in surface topography;
(iii) variations in subsurface moisture content;
(iv) Utility facilities;
(v) Hazardous Substances, including contaminated groundwater;
(vi) any archeological, paleontological or cultural resources; and
(vii) any species listed as threatened or endangered under Federal or State endangered species Law; provided, that subject to Section 8.17, the foregoing will not limit the Concessionaire’s rights with respect to Compensation Events and Delay Events.
(d) The Concessionaire will be responsible for coordinating and scheduling the Work with other separate contractors working in the Project Right of Way in accordance with the Technical Requirements. Except in the case of a Department-Caused Delay, the Department will not be liable for any delay...
General Obligations of the Concessionaire. (a) The Concessionaire shall furnish or cause to be furnished all design, construction and other services, provide or cause to be provided all materials, equipment and labor and undertake all efforts necessary or appropriate (excluding those services and efforts which the Project Agreements specify will be undertaken by the Department) to perform the Work reasonably inferable from the Project Agreements, Good Industry Practice, the Technical Requirements, all applicable Law and relevant Regulatory Approvals, and the Scope Document.
(b) The Department makes no warranties or representations as to any surveys, data, reports or other information provided by the Department or other Persons, concerning surface or subsurface conditions, including the presence of Utilities, Hazardous Substances, contaminated groundwater, archeological, paleontological and cultural resources, and endangered and threatened species, affecting the Rights of Way or surrounding locations. The Concessionaire acknowledges that such information is for the Concessionaire’s reference only and has not been verified.
(c) Except as otherwise expressly provided herein, the Concessionaire shall bear the risk of all conditions occurring on, under or about the Rights of Way, including (a) physical conditions of an unusual nature that differ materially from those ordinarily encountered in the area, (b) changes in surface topography, (c) variations in subsurface moisture content, (d) Utility facilities, (e) the presence or discovery of Hazardous Substances, including contaminated groundwater, (f) the discovery at, near or on the Rights of Way of any archeological, paleontological or cultural resources, and (g) the discovery at, near or on the Rights of Way of any species listed as threatened or endangered under federal or State endangered species Law.
(d) Any monitoring, auditing, review, comments or approvals provided by the Department (except as expressly stated) will not relieve the Concessionaire of independent responsibility for performance of the Work or for any acts or omissions of the design professionals, contractors and subcontractors engaged by the Concessionaire to perform the Work. The Department’s review, comment on and/or approval of any submission shall not be deemed to transfer any liability from the Concessionaire to the Department.
(e) The Concessionaire shall provide that the Substantial Completion Date shall occur not later than five years after the Closing Date, subject only to ...
General Obligations of the Concessionaire. (a) The Concessionaire shall furnish or cause to be furnished all design, construction and other services, provide or cause to be provided all materials, equipment and labor and undertake all efforts necessary or appropriate (excluding those services and efforts which the Project Agreements specify will be undertaken by the Department) to perform the Work reasonably inferable from the Project Agreements, Good Industry Practice, the Technical Requirements, all applicable Law and relevant Regulatory Approvals, and the Scope Document.
(b) The Department makes no warranties or representations as to any surveys, data, reports or other information provided by the Department or other Persons, concerning surface or subsurface conditions, including the presence of Utilities, Hazardous Substances, contaminated groundwater, archeological, paleontological and cultural resources, and endangered and threatened species, affecting the Site or surrounding locations. The Concessionaire acknowledges that such information is for the Concessionaire’s reference only and has not been verified.
(c) Except as otherwise expressly provided herein, the Concessionaire shall bear the risk of all conditions occurring on, under or about the Site, including (a) physical conditions of an unusual nature that differ materially from those ordinarily encountered in the area, (b) changes in surface topography, (c) variations in subsurface moisture content, (d) Utility facilities,
General Obligations of the Concessionaire. 1. The Concessionaire shall assume special obligations to procure and require all entities retained for developing the business covered by the concession to abide by all rules that ensure healthy organization and operation and the special security measures designed for the customers and staff of the casinos and other gaming areas and other people holding positions in the casinos and other gaming areas of the Concessionaire.
2. In order to develop the business covered by the concession, the Concessionaire must retain entities that have appropriate licenses and permits and have appropriate professional and technical abilities in the relevant areas.
General Obligations of the Concessionaire. The Concessionaire shall at its own cost and expense:
(i) Investigate, study, construct, operate and maintain the Project Assets/Project Facility in accordance with the provisions of this Agreement, Good Industry Practice and Applicable Laws.
(ii) Obtain all Applicable Permits in conformity with the Applicable Laws and be in compliance thereof at all times during the Concession Period;
(iii) Ensure that services of water supply, sewerage, drainage, electricity, telephone etc. in the vicinity, encountered during the period of implementation/ operation/ maintenance are not damaged. In case these are required to be shifted, the same shall be done by the BSCDCL at their cost.
(iv) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used in or incorporated into the Project;
(v) ensure and procure that each Project Agreement contains provisions that would entitle BSCDCL or a nominee of BSCDCL to step into such Agreement at BSCDCL ’s discretion, in place and substitution of the Concessionaire in the event of Termination pursuant to the provisions of this Agreement;
(vi) provide all assistance to the Officer-in-Charge/ BSCDCL Nodal Officer as they may reasonably require for the performance of their duties and services under this Agreement;
(vii) provide to the Officer-in-Charge/ BSCDCL Nodal Officer, reports on a regular basis during the Implementation Period and the Operations Period in accordance with the provisions of this Agreement; The Concessionaire shall adhere to the provisions of Applicable Laws, by-laws and rules in connection with project implementation and revenue generation. The Concessionaire shall also pay/ ensure payment to BSCDCL of revenue tax, if any, in respect of the revenue generated in accordance with the provisions of Applicable Laws and the by- laws and rules there under.
(viii) appoint, supervise, monitor and control the activities of Contractors under their respective Project Agreements as may be necessary;
(ix) make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Concessionaire's obligations under this Agreement;
(x) develop, implement and administer a surveillance and safety program for the Project/Project Facility and the users thereof and the Contractors’ personnel engaged in the provision of any services under any of the Project Ag...
General Obligations of the Concessionaire. 1. The concessionaire shall undertake the special obligation to procure and require all entities retained for developing the business covered by the concession to abide by all rules that ensure the proper organization and operation and the special security measures designed for the customers and staff of the casinos and other people holding positions in the casinos of the concessionaire.
2. In order to develop the business covered by the concession, the concessionaire must retain entities that have appropriate licenses and permits and have appropriate professional and technical abilities in the relevant areas.
3. The concessionaire undertakes to execute the plans relating to the expansion of the markets of customers from foreign countries in accordance with the contents and criteria of the award proposal presented by the concessionaire in the capacity of bidder to the public tender of the award of concessions for the operation of games of chance in casino.
4. The concessionaire undertakes to execute the plans relating to social responsibility in accordance with the contents and criteria of the award proposal presented by the concessionaire in the capacity of bidder to the public tender of the award of concessions for the operation of games of chance in casino, namely in the following areas:
1) Support for the development of small and medium-sized enterprises;
2) Support for the development of diversification of local industries;
3) Assuring labor rights and interests, namely those concerning the guarantee of labor credits, on-the-job training and professional advance of local employees, as well as the pension scheme designed to protect employees;
4) Hiring disabled or rehabilitated individuals;
5) Support for public interest activities;
6) Support for activities of an educational, scientific and technological, environmental protection, cultural and sporting nature, among others.
5. The concessionaire undertakes to draft, within the period set by the Government, a professional training plan for employees who will perform functions in the activities included in the concession and to deliver any other documents or additional information.
General Obligations of the Concessionaire. 3.7.1 The Concessionaire shall apply for and secure in a timely manner all Applicable Permits and keep them in force at its own cost and expense during the Concession Period;
3.7.2 The Concessionaire shall comply with Applicable Laws at all times during the Concession Period;
3.7.3 The Concessionaire shall at its cost and expense, obtain appropriate insurance cover including any third party insurance for the Project Facilities and its employees;
3.7.4 The Concessionaire shall ensure that the Project Facilities shall be executed as per the approved designs and adhere to Operation and maintenance specifications as specified in Article 3 of this Concession Agreement;
3.7.5 The failure of the Concessionaire to construct the Project Facilities within 6 (six) months of the Appointed Date or in case of written extension provided by the MUNICIPAL CORPORATION / MUNICIPALITY, within the extended period, shall be considered as Concessionaire Event of Default.
3.7.6 The Concessionaire shall not be considered to be in breach of its obligations under this Agreement nor shall it incur or suffer any liability if and to the extent, performance of any of its obligations under this Agreement is affected by or is on account of any of the following:
a) Force Majeure Event
b) MUNICIPAL CORPORATION / MUNICIPALITY Event of Default
c) Closure of Project or part thereof with the prior written consent of MUNICIPAL CORPORATION / MUNICIPALITY
