Common use of GENERAL OBLIGATIONS OF THE OPERATOR Clause in Contracts

GENERAL OBLIGATIONS OF THE OPERATOR. 6.1.1 The Operator shall comply with all Applicable Laws and procure and maintain all Applicable Permits (including renewals as required) other than obtaining the Authority Applicable Permits required for the performance of its obligations under this Agreement. 6.1.2 Save and except where this Agreement or Applicable Laws specifically require the Operator to adopt higher or stringent levels or standards, the Operator shall, in discharge of all its obligations under this Agreement, conform with and adhere to Good Industry Practice at all times. 6.1.3 The Operator 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, documents and details as may be required for obtaining Applicable Permits, and obtain and keep in force and effect Applicable Permits in conformity with Applicable Laws; b) perform and fulfil its obligations under this Agreement; c) ensure and procure that its sub-contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Operator Obligations under this Agreement. 6.1.4 The Operator shall promptly remedy any and all loss or damage to the Project Facilities during the Defects Liability Period arising out of or resulting from the reasons specified in Article 34.3, entirely at the Operator’s cost. 6.1.5 The Operator shall, promptly remedy any and all loss or damage to the Project Facilities during the Transition Period, and the Sustaining Period, save and except to the extent that any such loss or damage shall have arisen solely on account of any default or neglect of the Authority or on account of a Force Majeure Event, in accordance with Article 26. . 6.1.6 Without prejudice to Operator’s specific obligations under the Start Up Period, the Transition Period and the Sustaining Period, the Operator shall have the following general obligations as they may be applicable during the Start Up Period, the Transition Period and the Sustaining Period: a) To provide service pipeline up to the water meter, stopcock and meter box in each of the Customer premises in the Service Area. All works beyond the water meter and before the Sewerage Connection will be the responsibility of the Customer. b) to rehabilitate, replace, upgrade, construct, operate and maintain, the Project Facilities, as the case may be, and provide water supply services in accordance with this Agreement, and carry out its obligations with all due diligence, efficiency, and economy, in accordance with Good Industry Practices, and to observe sound management practices, and employ appropriate advanced technology and safe methods; c) to undertake the operations and maintenance of the Existing Project Facilities in Effective Service Area from the respective Progressive Handover Date during the Transition Period, undertake designing, engineering, procurement, construction, operation and maintenance of the Project Facilities and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder on the terms and subject to conditions mentioned in this Agreement; d) to always act, in respect of any matter relating to this Agreement, as faithful service provider to the Authority, and at all times to support and safeguard the Authority’s legitimate interests in any dealings with sub-contractors / service providers or third parties; e) to ensure that all materials and workmanship used in the course of performance under the Agreement confirms to the relevant standards of Bureau of Indian Standards and in the absence of which to the relevant standards of International Standards Organization; f) to maintain all Applicable Permits to operate the Project Facilities provide water supply services throughout the Transition Period and the Sustaining Period; g) to maintain all records and data in up to date format on IMIS and other information systems as per Schedule 21 or as required by the Authority; h) to permit the Technical Auditor or any agents of the Authority to conduct monthly, quarterly and annual audits to regularly review the performance of the Operator under the Agreement from the Effective Date till the Expiry Date, and to fully cooperate with the Technical Auditor in the conduct of audit and review exercises and checks as may be required under this Agreement and shall immediately provide all requested information and documents to the Technical Auditor; i) to permit the Technical Auditor or any agents of the Authority, during Project Period, to review the data, analysis, and design computations which support the Operator’s proposals in the SIP, and shall fully cooperate with the Technical Auditor in the conduct of any such review; j) to permit the engineering institute of repute (e.g. IITs) or any other persons / agency as appointed by the Authority, during the Project Period, to review the data, analysis, and design computations which support the proposals identified by Operator in the SIP, and to fully cooperate with the engineering institute of repute (e.g. IITs) or any other persons / agency as appointed by the Authority in the conduct of any such review; k) to update on a periodic basis, the IMIS including the GIS system and all relevant maps and drawings of the Service Area at a scale of 1:2000 and list of every connection and property connected to the public water distribution network; l) to ensure updation on a periodic basis the Customer data in the Service Area on any additions to the property, addition or reduction in number of residents, usage of water for intended use etc.; m) not to engage, directly or indirectly and ensure that its employees do not engage, either directly or indirectly, in any business or professional activities in India which would conflict with the provisions under this Agreement; n) to follow the safeguards requirements for the Contract; o) to xxxx User Charges to the Customer of entire Service Area during the Transition Period and the Sustaining Period. p) to set-up a website (under the Authority’s website or as may be suggested by the Authority) which shall provide information regarding plan maintenance, approved monthly performance reports, select performance indicators, tariff details etc. including a link to online registration of complaints. The Operator shall maintain the website dedicated to the Project which would disclose documents as per the norms of the Right to Information Xxx 0000, as amended. It is clarified that the Operator shall comply with the directions of the Authority and ownership of such website (including hardware and software) shall be with the Authority. q) The Operator shall submit the projections of daily demand for bulk water, to be supplied by the Authority or its agents at the Designated Reservoirs, on a weekly basis by Wednesday of every week to meet its obligations and Performance Standards for the next week starting from Monday. The Authority shall review these projections prepared by the Operator. The Projected Daily Bulk Water Demand (“Projected Daily Bulk Water Demand”) approved by the Authority shall be binding on both Parties for the specified period. The Operator will not be relieved of any of its obligations and Performance Standards due to disagreement on the Projected Daily Water Demand. However, if the Authority agrees with the Projected Daily Water Demand submitted by the Operator and is unable to supply the required quantity and quality of bulk water, the Operator would be relieved of meeting the Performance Standards during the days when Authority is unable to meet Projected Daily Water Demand. Based on the approved Projected Daily Water Demand, Operator shall plan the water distribution in the Effective Service Area. r) Based on approved Projected Daily Bulk Water Demand to be supplied by the Authority at the Designated Reservoirs, the Operator shall prepare a Schedule for Daily Water Distribution (the “Schedule for Daily Water Distribution”) across all Hydraulic Zones and DMAs. This will not only include Effective Service Area but also include Service Area not under the purview of the Operator. The Authority or its agents will submit to the Operator an estimate of the water demand in Service Area not under the purview of the Operator, which the Operator will consider while preparing the Schedule for Daily Water Distribution and Projected Daily Bulk Water Demand on a weekly basis. During the Transition Period and the Sustaining Period, the Operator will be responsible for supplying pre-defined quantity of water at the Designated Supply Points as per the Schedule for Daily Water Distribution to the entire Service Area including areas not under the purview of the Operator across different Hydraulic Zones and DMAs. s) to permit the Authority or its agents, to implement annual energy audit, annual Customer satisfaction surveys, annual review of Customer grievance redressal mechanism, and any other reviews / surveys are required by the Authority from time to time. It is clarified that, these reviews/ surveys will be conducted by the Authority or its agents and conducting the above surveys are not part of Operator Obligations.

GENERAL OBLIGATIONS OF THE OPERATOR. 6.1.1 The Operator shall comply with all Applicable Laws and procure and maintain all Applicable Permits (including renewals as required) other than obtaining the Authority Applicable Permits required for the performance of its obligations under this Agreement. 6.1.2 Save and except where this Agreement or Applicable Laws specifically require the Operator to adopt higher or stringent levels or standards, the Operator shall, in discharge of all its obligations under this Agreement, conform with and adhere to Good Industry Practice at all times. 6.1.3 The Operator shall, at its own cost and expense: i. The Operator has to run the property at (insert project name) as a well-maintained and good quality tourist facility.. ii. The Operator shall, during the renovation period designate and appoint suitable officers/ representatives as it may deem appropriate to assist AUTHORITY in addition supervising the Project and be responsible for all necessary exchange of information required pursuant to and not in derogation of its obligations elsewhere set out in this Agreement:; a) make, or cause to be made, necessary applications iii. After AUTORITY handing over the site to the relevant Government Instrumentalities with such particularsOperator, documents the Operator will complete the interior, exteriors, fittings and details furnishings, landscaping etc. as may be required needed to make the Project operational. If the Operator fails to make the project operational within the time specified by section for obtaining the specific project, the Minimum Assured Annual Revenue Share will still become payable. In case the property becomes operational earlier than the specified period (as per section 4), the revenue share will become payable from the date of the property becoming operational. iv. In the case the operator is unable to make the property operational even after the lapse of the specified period, AUTHORITY may at its discretion extend the period without prejudice to the rights to receive payments as above. In case, if the project is not completed even then, it will be treated as an event of default and will be dealt with in accordance to the Service Agreement. v. Operator is entitled at set the tariff terms for all facilities and services it provides at the property and also entitled to change such rate whenever it deems fit. However at the end of each quarter the operator will provide a detailed breakup of the revenue. vi. investigate, study, operate and maintain the Project Assets/Project Facility in accordance with the provisions of this Agreement, Good Industry Practice and Applicable Permits, and Laws; vii. obtain and keep in force and effect all Applicable Permits in conformity with the Applicable LawsLaws and be in compliance with thereof at all times during the Service Period; b) perform viii. procure and fulfil its obligations 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; ix. ensure that each Project Agreement contains provisions that would entitle AUTHORITY or a nominee of AUTHORITY to step into such agreement at AUTHORITY’s discretion, in place and substitution of the Operator in the event of Termination pursuant to the provisions of this Agreement; provide all assistance to the AUTHORITY Engineer and / or the AUTHORITY Officials as they may reasonably require for the performance of their duties and services under this Agreement; c) ensure and procure that its sub-contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Operator Obligations under this Agreement. 6.1.4 The Operator shall promptly remedy any and all loss or damage ; x. provide to the Project Facilities AUTHORITY Officials reports on a regular basis during the Defects Liability Operations Period arising out of or resulting from the reasons specified in Article 34.3, entirely at the Operator’s cost. 6.1.5 The Operator shall, promptly remedy any and all loss or damage to the Project Facilities during the Transition Period, and the Sustaining Period, save and except to the extent that any such loss or damage shall have arisen solely on account of any default or neglect of the Authority or on account of a Force Majeure Event, in accordance with Article 26. . 6.1.6 Without prejudice to Operator’s specific obligations under the Start Up Period, the Transition Period and the Sustaining Period, the Operator shall have the following general obligations as they may be applicable during the Start Up Period, the Transition Period and the Sustaining Period: a) To provide service pipeline up to the water meter, stopcock and meter box in each provisions of the Customer premises in the Service Area. All works beyond the water meter and before the Sewerage Connection will be the responsibility of the Customer. b) to rehabilitate, replace, upgrade, construct, operate and maintain, the Project Facilities, as the case may be, and provide water supply services in accordance with this Agreement; xi. appoint, supervise, monitor and carry out its obligations with all due diligence, efficiency, and economy, in accordance with Good Industry Practices, and to observe sound management practices, and employ appropriate advanced technology and safe methods; c) to undertake control the operations and maintenance activities of the Existing Project Facilities in Effective Service Area from the respective Progressive Handover Date during the Transition Period, undertake designing, engineering, procurement, construction, operation and maintenance of the Project Facilities and observe, fulfil, comply with and perform all its obligations set out in this Agreement Contractors / Staff or arising hereunder on the terms and subject to conditions mentioned in this Agreement; d) to always act, in respect of any matter relating to this Agreement, as faithful other service provider to the Authority, and at all times to support and safeguard the Authority’s legitimate interests in any dealings with sub-contractors / service providers or third parties; e) to ensure that all materials and workmanship used in the course of performance under the Agreement confirms to the relevant standards of Bureau of Indian Standards and in the absence of which to the relevant standards of International Standards Organization; f) to maintain all Applicable Permits to operate the their respective Project Facilities provide water supply services throughout the Transition Period and the Sustaining Period; g) to maintain all records and data in up to date format on IMIS and other information systems as per Schedule 21 or as required by the Authority; h) to permit the Technical Auditor or any agents of the Authority to conduct monthly, quarterly and annual audits to regularly review the performance of the Operator under the Agreement from the Effective Date till the Expiry Date, and to fully cooperate with the Technical Auditor in the conduct of audit and review exercises and checks Agreements as may be required under this Agreement and shall immediately provide all requested information and documents to the Technical Auditornecessary; i) to permit the Technical Auditor or any agents of the Authority, during Project Period, to review the data, analysis, and design computations which support the Operator’s proposals in the SIP, and shall fully cooperate with the Technical Auditor in the conduct of any such review; j) to permit the engineering institute of repute (e.g. IITs) or any other persons / agency as appointed by the Authority, during the Project Period, to review the data, analysis, and design computations which support the proposals identified by Operator in the SIP, and to fully cooperate with the engineering institute of repute (e.g. IITs) or any other persons / agency as appointed by the Authority in the conduct of any such review; k) to update on a periodic basis, the IMIS including the GIS system and all relevant maps and drawings of the Service Area at a scale of 1:2000 and list of every connection and property connected to the public water distribution network; l) to ensure updation on a periodic basis the Customer data in the Service Area on any additions to the property, addition or reduction in number of residents, usage of water for intended use etc.; m) not to engage, directly or indirectly and ensure that its employees do not engage, either directly or indirectly, in any business or professional activities in India which would conflict with the provisions under this Agreement; n) to follow the safeguards requirements for the Contract; o) to xxxx User Charges to the Customer of entire Service Area during the Transition Period and the Sustaining Period. p) to set-up a website (under the Authority’s website or as may be suggested by the Authority) which shall provide information regarding plan maintenance, approved monthly performance reports, select performance indicators, tariff details etc. including a link to online registration of complaints. The Operator shall maintain the website dedicated to the Project which would disclose documents as per the norms of the Right to Information Xxx 0000, as amended. It is clarified that the Operator shall comply with the directions of the Authority and ownership of such website (including hardware and software) shall be with the Authority. q) The Operator shall submit the projections of daily demand for bulk water, to be supplied by the Authority or its agents at the Designated Reservoirs, on a weekly basis by Wednesday of every week to meet its obligations and Performance Standards for the next week starting from Monday. The Authority shall review these projections prepared by the Operator. The Projected Daily Bulk Water Demand (“Projected Daily Bulk Water Demand”) approved by the Authority shall be binding on both Parties for the specified period. The Operator will not be relieved of any of its obligations and Performance Standards due to disagreement on the Projected Daily Water Demand. However, if the Authority agrees with the Projected Daily Water Demand submitted by the Operator and is unable to supply the required quantity and quality of bulk water, the Operator would be relieved of meeting the Performance Standards during the days when Authority is unable to meet Projected Daily Water Demand. Based on the approved Projected Daily Water Demand, Operator shall plan the water distribution in the Effective Service Area. r) Based on approved Projected Daily Bulk Water Demand to be supplied by the Authority at the Designated Reservoirs, the Operator shall prepare a Schedule for Daily Water Distribution (the “Schedule for Daily Water Distribution”) across all Hydraulic Zones and DMAs. This will not only include Effective Service Area but also include Service Area not under the purview of the Operator. The Authority or its agents will submit to the Operator an estimate of the water demand in Service Area not under the purview of the Operator, which the Operator will consider while preparing the Schedule for Daily Water Distribution and Projected Daily Bulk Water Demand on a weekly basis. During the Transition Period and the Sustaining Period, the Operator will be responsible for supplying pre-defined quantity of water at the Designated Supply Points as per the Schedule for Daily Water Distribution to the entire Service Area including areas not under the purview of the Operator across different Hydraulic Zones and DMAs. s) to permit the Authority or its agents, to implement annual energy audit, annual Customer satisfaction surveys, annual review of Customer grievance redressal mechanism, and any other reviews / surveys are required by the Authority from time to time. It is clarified that, these reviews/ surveys will be conducted by the Authority or its agents and conducting the above surveys are not part of Operator Obligations.

GENERAL OBLIGATIONS OF THE OPERATOR. 6.1.1 The Operator shall comply with all Applicable Laws and procure and maintain all Applicable Permits (including renewals as required) other than obtaining the Authority Applicable Permits required for the performance of its obligations under this Agreement. 6.1.2 Save and except where this Agreement or Applicable Laws specifically require the Operator to adopt higher or stringent levels or standards, the Operator shall, in discharge of all its obligations under this Agreement, conform with and adhere to Good Industry Practice at all times. 6.1.3 The Operator 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, documents and details as may be required for obtaining Applicable Permits, and obtain and keep in force and effect Applicable Permits in conformity with Applicable Laws; b) perform and fulfil its obligations under this Agreement; c) ensure and procure that its sub-contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Operator Obligations under this Agreement. 6.1.4 The Operator shall promptly remedy any and all loss or damage to the Project Facilities during the Defects Liability Period arising out of or resulting from the reasons specified in Article 34.3, entirely at the Operator’s cost. 6.1.5 The Operator shall, promptly remedy any and all loss or damage to the Project Facilities during the Transition Period, and the Sustaining Period, save and except to the extent that any such loss or damage shall have arisen solely on account of any default or neglect of the Authority or on account of a Force Majeure Event, in accordance with Article 26. . 6.1.6 Without prejudice to Operator’s specific obligations under the Start Up Period, the Transition Period and the Sustaining Period, the Operator shall have the following general obligations as they may be applicable during the Start Up Period, the Transition Period and the Sustaining Period: a) To provide service pipeline up to the water meter, stopcock and meter box in each of the Customer premises in the Service Area. All works beyond the water meter and before the Sewerage Connection will be the responsibility of the Customer. b) to rehabilitate, replace, upgrade, construct, operate and maintain, the Project Facilities, as the case may be, and provide water supply services in accordance with this Agreement, and carry out its obligations with all due diligence, efficiency, and economy, in accordance with Good Industry Practices, and to observe sound management practices, and employ appropriate advanced technology and safe methods; c) to undertake the operations and maintenance of the Existing Project Facilities in Effective Service Area from the respective Progressive Handover Date during the Transition Period, undertake designing, engineering, procurement, construction, operation and maintenance of the Project Facilities and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder on the terms and subject to conditions mentioned in this Agreement; d) to always act, in respect of any matter relating to this Agreement, as faithful service provider to the Authority, and at all times to support and safeguard the Authority’s legitimate interests in any dealings with sub-contractors / service providers or third parties; e) to ensure that all materials and workmanship used in the course of performance under the Agreement confirms to the relevant standards of Bureau of Indian Standards and in the absence of which to the relevant standards of International Standards Organization; f) to maintain all Applicable Permits to operate the Project Facilities provide water supply services throughout the Transition Period and the Sustaining Period; g) to maintain all records and data in up to date format on IMIS and other information systems as per Schedule 21 or as required by the Authority; h) to permit the Technical Auditor or any agents of the Authority to conduct monthly, quarterly and annual audits to regularly review the performance of the Operator under the Agreement from the Effective Date till the Expiry Date, and to fully cooperate with the Technical Auditor in the conduct of audit and review exercises and checks as may be required under this Agreement and shall immediately provide all requested information and documents to the Technical Auditor; i) to permit the Technical Auditor or any agents of the Authority, during Project Period, to review the data, analysis, and design computations which support the Operator’s proposals in the SIP, and shall fully cooperate with the Technical Auditor in the conduct of any such review; j) to permit the engineering institute of repute (e.g. IITs) or any other persons / agency as appointed by the Authority, during the Project Period, to review the data, analysis, and design computations which support the proposals identified by Operator in the SIP, and to fully cooperate with the engineering institute of repute (e.g. IITs) or any other persons / agency as appointed by the Authority in the conduct of any such review; k) to update on a periodic basis, the IMIS including the GIS system and all relevant maps and drawings of the Service Area at a scale of 1:2000 and list of every connection and property connected to the public water distribution network; l) to ensure updation on a periodic basis the Customer data in the Service Area on any additions to the property, addition or reduction in number of residents, usage of water for intended use etc.; m) not to engage, directly or indirectly and ensure that its employees do not engage, either directly or indirectly, in any business or professional activities in India which would conflict with the provisions under this Agreement; n) to follow the safeguards requirements for the Contract; o) to xxxx User Charges to the Customer of entire Service Area during the Transition Period and the Sustaining Period. p) to set-up a website (under the Authority’s website or as may be suggested by the Authority) which shall provide information regarding plan maintenance, approved monthly performance reports, select performance indicators, tariff details etc. including a link to online registration of complaints. The Operator shall maintain the website dedicated to the Project which would disclose documents as per the norms of the Right to Information Xxx 0000, as amended. It is clarified that the Operator shall comply with the directions of the Authority and ownership of such website (including hardware and software) shall be with the Authority. q) The Operator shall submit the projections of daily demand for bulk water, to be supplied by the Authority or its agents at the Designated Reservoirs, on a weekly basis by Wednesday of every week to meet its obligations and Performance Standards for the next week starting from Monday. The Authority shall review these projections prepared by the Operator. The Projected Daily Bulk Water Demand (“Projected Daily Bulk Water Demand”) approved by the Authority shall be binding on both Parties for the specified period. The Operator will not be relieved of any of its obligations and Performance Standards due to disagreement on the Projected Daily Water Demand. However, if the Authority agrees with the Projected Daily Water Demand submitted by the Operator and is unable to supply the required quantity and quality of bulk water, the Operator would be relieved of meeting the Performance Standards during the days when Authority is unable to meet Projected Daily Water Demand. Based on the approved Projected Daily Water Demand, Operator shall plan the water distribution in the Effective Service Area. r) Based on approved Projected Daily Bulk Water Demand to be supplied by the Authority at the Designated Reservoirs, the Operator shall prepare a Schedule for Daily Water Distribution (the “Schedule for Daily Water Distribution”) across all Hydraulic Zones and DMAs. This will not only include Effective Service Area but also include Service Area not under the purview of the Operator. The Authority or its agents will submit to the Operator an estimate of the water demand in Service Area not under the purview of the Operator, which the Operator will consider while preparing the Schedule for Daily Water Distribution and Projected Daily Bulk Water Demand on a weekly basis. During the Transition Period and the Sustaining Period, the Operator will be responsible for supplying pre-defined quantity of water at the Designated Supply Points as per the Schedule for Daily Water Distribution to the entire Service Area including areas not under the purview of the Operator across different Hydraulic Zones and DMAs. s) to permit the Authority or its agents, to implement annual energy audit, annual Customer satisfaction surveys, annual review of Customer grievance redressal mechanism, and any other reviews / surveys are required by the Authority from time to time. It is clarified that, these reviews/ surveys will be conducted by the Authority or its agents and conducting the above surveys are not part of Operator Obligations.