Common use of General Obligations Clause in Contracts

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 25 contracts

Samples: Project Development and Management Agreement, Project Development and Management Agreement, Project Development and Management Agreement

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General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of developmentof Project Facilities and operation & management operation&management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 9 contracts

Samples: Project Development and Management Agreement, Project Development and Management Agreement, Project Development and Management Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 9 contracts

Samples: Project Development and Management Agreement, Project Development and Management Agreement, Project Development and Management Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Concessionaire shall: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure a. procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 Project; b. at all times, to afford access to the Project Site to the authorized representatives of Concessioning Authority, Senior Lenders, other persons duly authorized by any Governmental Agency having jurisdiction over the Project, to inspect the project and keep in force in conformity with the Applicable Lawsto investigate any matter within their authority and upon reasonable notice. (d) Pay all taxes including GST, property tax, duties (including stamp duties) c. perform and outgoings, utility charges relating to fulfill its obligations under the execution of the Agreement, development of Project Facilities and operation & management thereofFinancing Documents. (e) Make d. make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this the Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the and hereby indemnifies Concessioning Authority against any claims, damages, expenses or losses in this regard and that in no case the and shall for no purpose shall Concessioning Authority shall be treated as employeremployer in this regard; (f) Ensure e. make its own arrangements for construction materials and procure its Contractors obtain all observe and fulfill the environmental and other requirements under the Applicable Laws and Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreementfrom time to time; (g) Pay f. ensure that the Project Site remains free from all encroachments and take all steps necessary to remove encroachments, if any; g. pay all taxes, duties, levies and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities.Project; (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) h. not do or omit to do any act, deed or thing which may in any manner be violative volatile of any of the provisions of this Agreement;; and (j) i. transfer the Project Site to the Concessioning Authority in fully operational and Project Facilities to Authority functional condition upon Termination completion/ termination of this Agreement, in accordance with the provisions thereof;. (k) make adequate provisions for safety j. Ensure that the quality of treated affluent solid waste, emissions etc., conform to the users and for emergency evacuation in accordance with standards laid down by the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project SiteCompetent Authorities.

Appears in 6 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Concessionaire shall: (a) Protect perform and fulfill all of the Concessionaire’s obligations with respect to the Project Site set out in Schedule 1 and under this Agreement and the Project Facilities from any encroachments or Encumbrances, or illegal activities.Selected Bidder’s obligations under the LOA; (b) Ensure that to comply with the Project Site and time lines for setting up the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.plant, collection of waste etc. as set forth in Schedule 1; (c) Procure obtain all Applicable Approvals as required by or under the Applicable Law and be in compliance thereof at all times during the Concession Period; (d) comply with Applicable Law (including without limitation all public and labour related laws and health, safety, and sanitation laws, as then in force) governing the operations of Project at all times during the Concession Period; (e) endeavour to improve the ancillary conditions and infrastructure related to the Project including assistance to informal recycling workers, procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out Project; (f) right to enter into sub-contracts for the purposes of and subject to the terms of this Agreement; (g) develop, construct and operate the Sanitary Landfill Site at the allocated site in Schedule 4 and keep in force in conformity conformance with the Applicable Laws.terms of this Agreement for disposal of Residual Inert Matter and Rejected Waste and dispose not more than 10% (Ten percentage) of waste processed; (dh) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and be solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify and hereby agrees to keep the Authority PLBs indemnified against any claims, damages, expenses or losses in this regard and in no case and for no purpose shall the PMU/ Authority shall and/ or any of the PLBs be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them the employers of the Developer’s obligations under Concessionaire, in this Agreementregard; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any actbe responsible for all the health, deed or thing which may in any manner be violative of any security, environment and safety aspects of the provisions Project at all times during the Concession Period; (j) ensure that the Project remains free from all encroachments and take all steps necessary to remove encroachments, if any; (k) upon receipt of a request thereof, afford access to the Project to the authorised representatives of the PMU/ Authority for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (jl) bear all expenses towards uniforms, safety gear and waste handling equipment to all the waste lifters and drivers; (m) ensure that the project is operational on all calendar days of the year; (n) be responsible for the conduct of its staff employed for this project while on duty; (o) shall obtain approval from transport department as applicable and obtain fitness certificate for the vehicles each year before the due date and shall bear any cost or expense associated with this; (p) to operate, maintain, repair and renovate the project assets and project facilities, in accordance with, inter alia, the Applicable Laws, Applicable Approvals and the requirements; (q) submit the Operational Plan to the PLBs at least 1 month before proposed Commencement Date and get the same approved; (r) commence Secondary collection and transportation of the Solid Waste from the Designated Bins and collection points within the project area at least 30 days prior to COD; (s) intimate to the PMU and the PLBs the date of commencement of the Secondary Collection and Transportation (“Commencement Date”) at least 2 weeks in advance, and place the Designated Bins at the locations at least 2 (two) days before actual date of commencement of Secondary Collection and Transportation Services; (t) procure, acquire and put into place at its own cost and expenses all the project assets and project facilities required by the Concessionaire to implement the project during the Pre- COD Period so as to achieve COD within the time stipulated in this Agreement; (u) promptly rectify and remedy any defects or deficiencies, if any pointed out by the PMU in the Inspection Report and furnish a report within the stipulated time period in respect thereof to the PMU; (v) comply with all the performance parameters as specified in Service Level Benchmarks, set forth in Schedule 2; (w) to carry out all necessary test(s) and get the approvals as per Applicable Law and in conformity with Good Industry Practices, prior to achieving COD; (x) pay all taxes, duties and outgoings, including utility charges relating to the project; (y) transfer the Project Site and Project Facilities project to the Authority upon Termination expiry or early termination of this Agreement, in accordance with the provisions thereof; (kz) make adequate provisions provide live GPS feed of movement of transportation vehicles, camera feeds at weighbridge of Project Site to the PMU, as and when sought by the PMU; (aa) be responsible and indemnify the Authority/ PMU/ PLBs for safety any accident due to negligence or otherwise in the performance of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.project;

Appears in 5 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of developmentof Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 4 contracts

Samples: Project Development and Management Agreement, Project Development and Management Agreement, Project Development and Management Agreement

General Obligations. 6.1.1 Subject to the terms of the Project Documents, Developer will be responsible for the management, treatment, handling, storage, monitoring, remediation, removal, transport, and disposal of any Hazardous Materials in, under or on the terms and conditions Project Right of this Agreement, the Developer shall at its own cost and expense Way during the Agreement Period: (a) Protect Term, in each case to the extent required by any Applicable Law, Governmental Entity, Governmental Approvals or the Project Site Documents. 6.1.2 Before any Remedial Action (other than with respect to a Developer Release of Hazardous Materials) is taken that would inhibit the Authority’s ability to ascertain the nature and extent of the relevant Hazardous Environmental Condition, Developer will afford the Authority the reasonable opportunity to inspect areas and locations that require Remedial Action within a reasonable time period; provided, that in the case of a sudden Hazardous Materials Release, Developer may take the minimum action necessary to stabilize and contain the relevant Hazardous Materials Release without prior notice or inspection, but will immediately notify the Authority of the sudden Hazardous Materials Release and its location; provided, further, that nothing herein shall prevent Developer from complying with Applicable Law or the requirements of any Governmental Entity. 6.1.3 Subject to the terms of the Project Facilities from Documents, Developer will (without accepting or assuming responsibility under any encroachments or Encumbrances, or illegal activities. (bApplicable Law) Ensure that the Project Site be responsible for obtaining and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay maintaining all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges Governmental Approvals relating to the execution of the Agreement, development of Project Facilities any Remedial Action and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall will be solely responsible for compliance with all labour laws Governmental Approvals and all possible claims Applicable Laws concerning or relating to Hazardous Materials in respect thereof. In carrying out any Remedial Action that is the subject of a Compensation Event, Developer will take such steps and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify actions as the Authority may reasonably require in order to protect and preserve the Authority’s potential claims of contribution and indemnity, statutory or otherwise, against potentially responsible parties, provided that any claims, damages, expenses or losses in this regard such steps and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain actions are not inconsistent with all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims the requirements of accidents on the Project SiteDocuments and any relevant Governmental Entities or Governmental Approvals. 6.1.4 Subject to the terms of the Project Documents, Developer will bear all costs and expenses of complying with this Article 6 (Hazardous Materials) during the Term.

Appears in 4 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Concessionaire shall at its own cost and expense during the Agreement Periodexpense: (a) Protect the Project Site investigate, study, design, finance, construct, operate and maintain the Project Facilities from any encroachments or Encumbrances, or illegal activities.in accordance with the provisions hereof; (b) Ensure that obtain all Applicable Permits and be in compliance thereof at all times during the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.Concession Period; (c) Procure comply with Applicable Law governing the operations of the Project Facilities, as the case may be, at all times during the Concession Period; (d) ensure and procure that each Project Agreements contains provisions that would entitle NHIDCL or a nominee of NHIDCL or the Lender or the Lender’s nominee to step into the same at NHIDCL's discretion, in place and substitution of the Concessionaire, pursuant to the provisions of this Agreement or the Substitution Agreement; (e) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project Facilities; (df) Pay all taxes including GSTappoint, property taxsupervise, duties (including stamp duties) monitor and outgoingscontrol as necessary, utility charges relating to the execution activities of Contractors under the Agreement, development of respective Project Facilities and operation & management thereof.Agreements; (eg) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority Facilities and hereby indemnifies NHIDCL against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall NHIDCL be treated as employeremployer in this regard; (fh) Ensure make its own arrangements for construction materials and procure its Contractors obtain all Applicable Permits observe and comply with fulfil the environmental and other requirements under the Applicable Law in performance by them and Applicable Permits (i) be responsible for all the health, security, environment and safety aspects of the Developer’s obligations under this AgreementParking Facility/Commercial Area, as the case may be, at all times during the Concession Period; (gj) Pay ensure that the Project Facilities remains free from all encroachments and take all steps necessary to remove encroachments, if any; (k) be responsible for the shifting of utilities if any with due permission if any required and in the manner stipulated by the relevant Government Agency; (l) ensure that the shifting of utilities is carried out in a manner so as to cause least damage and inconvenience to the users thereof; (m) upon receipt of a request thereof, afford access to the Project Facilities to the authorised representatives of NHIDCL for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement and to any Government Agency having jurisdiction over the Project, including those concerned with safety, security or environmental protection to inspect the Project Facilities and to investigate any matter within their authority and upon reasonable notice, the Concessionaire shall provide to such persons assistance reasonably required to carry out their respective duties and functions. (n) pay all taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (jo) transfer advise the NHIDCL for alternate regulation of parking until such time that the Parking Facility is operational and on a best effort basis maintain the Existing Parking Facility to the extent possible subject to it not causing a hindrance in the implementation of the Project; (p) upon Termination, vacate the Project Site and handback the Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof;Handback Requirements. (kq) make adequate provisions The Concessionaire for safety the development of the users present project site shall be responsible for the compliance of the Jammu and Kashmir Preservation of Specified Trees Act, 1969, or any other Law, order or direction applicable to the site in question, and shall obtain such permissions, approvals, licences etc. as may be required from time to time. The Concessionaire shall be responsible for emergency evacuation any penalty imposed by any authority in accordance with the Approved Project Development Plan and the Applicable Laws; andcase of non-compliance of any law applicable hereunder. (lr) provide emergency medical aidThe Concessionaire shall be under obligation at its own costs to remove all establishments, as set forth in the Approved Project Development Planutilities, Applicable Laws and in accordance with Applicable Permitsstructures, etc. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents existing on the Project SiteSite at the Appointed Date in association with the NHIDCL, and shall take all necessary steps towards the shifting / relocation of the same as may be required, and shall remain responsible towards clearance of the Project site for the implementation of the Project within a period of 12 months from the Appointed Date. NHIDCL subject to circumstances may extend the period beyond 12 months on case to case, and on such costs/ charges / terms as may be deemed fit. In the event, the Concessionaire fails to complete the same within the period of 12 months. NHIDCL has the option of termination of the present Agreement as per Clause 10. In case of utilities required to be shifted by any other agency, the cost/ charges of shifting such utility shall be borne by the Concessionaire.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Concessionaire shall at its own cost and expense during the Agreement Periodexpense: (a) Protect the Project Site a. investigate, study, design, procure, build, operate, maintain and transfer the Project Facilities from any encroachments in accordance with the provisions hereof; b. comply with Applicable Law at all times during the Concession Period; c. endeavor to sell or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities otherwise dispose off all Recyclable Substances in a manner which is not detrimental to the environment; d. endeavor to improve the ancillary conditions and infrastructure related to the Project, including assistance to informal recycling workers; e. carry out Awareness Campaign by contracting with reputed non-government organisations (NGO’s) to educate and train Persons generating MSW to segregate such waste into Biodegradable Substances and Non-biodegradable Substance; f. provide uniforms for all its employees/ Contractor’s personnel which shall be worn by such employees/personnel while on duty; g. provide street corner bins at places within the Concession Area in accordance with the O&M Requirements; h. register vehicles used for any activities which transportation of segregated MSW with the concerned Government Agencies and ensure that all taxes are prohibited under the Applicable Laws.paid up-to-date on such vehicles; (c) Procure i. procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project; (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make j. make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims from any third party and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies MCD against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall MCD be treated as employeremployer in this regard; (f) Ensure k. make its own arrangements for construction materials and procure its Contractors obtain all Applicable Permits observe and comply with fulfill the environmental and other requirements under the Applicable Law in performance by them and Applicable Permits; l. be responsible for all the health, security, environment and safety aspects of the Developer’s obligations under Project at all times during the Concession Period. m. ensure that the Facility Site and Workshop Site remain free from all encroachments and take all steps necessary to remove encroachments, if any; n. upon receipt of a request thereof, afford access to the Facility Site and Workshop Site to the authorised representatives of MCD for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (g) Pay o. pay all Taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization p. establish a standard protocol for addressing complaints from Persons in the Concession Area to the satisfaction of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etcthe Independent Consultant in accordance with the O&M Requirements. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any q. upon instructions of the provisions MCD, hand over indicated quantities of this Agreement;MSW to such persons as may be specified by MCD, upon payment to the Concessionaire of the Tipping Fee in respect of such waste. (j) transfer r. conduct the Project Site and Project Facilities to Authority upon Termination of this Agreement, Awareness Campaign in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation Schedule S. s. submit reports regarding matters specified in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project SiteSchedule P .

Appears in 3 contracts

Samples: Collection, Segregation, Transportation, and Disposal of Municipal Solid Waste Agreement, Collection, Segregation, Transportation, and Disposal of Municipal Solid Waste Agreement, Collection, Segregation, Transportation, and Disposal of Municipal Solid Waste Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Concessionaire shall: (a) Protect perform and fulfill all of the Concessionaire’s obligations with respect to the Project Site set out in Schedule 1 and under this Agreement and the Project Facilities from any encroachments or Encumbrances, or illegal activities.Selected Bidder’s obligations under the LOA; (b) Ensure that to comply with the Project Site and time lines for setting up the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.plant, collection of waste etc. as set forth in Schedule 1; (c) Procure obtain all Applicable Approvals as required by or under the Applicable Law (d) comply with Applicable Law (including without limitation all public and labour related laws and health, safety, and sanitation laws, as then in force) governing the operations of Project at all times during the Concession Period; (e) endeavour to improve the ancillary conditions and infrastructure related to the Project including assistance to informal recycling workers, procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out Project; (f) right to enter into sub-contracts for the purposes of and subject to the terms of this Agreement; (g) develop, construct and operate the Sanitary Landfill Site at the allocated site in Schedule 4 and keep in force in conformity conformance with the Applicable Laws.terms of this Agreement for disposal of Residual Inert Matter and Rejected Waste and dispose not more than 10% (Ten percentage) of waste processed; (dh) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and be solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify and hereby agrees to keep the Authority PLBs indemnified against any claims, damages, expenses or losses in this regard and in no case and for no purpose shall the PMU/ Authority shall and/ or any of the PLBs be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them the employers of the Developer’s obligations under Concessionaire, in this Agreementregard; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any actbe responsible for all the health, deed or thing which may in any manner be violative of any security, environment and safety aspects of the provisions Project at all times during the Concession Period; (j) ensure that the Project remains free from all encroachments and take all steps necessary to remove encroachments, if any; (k) upon receipt of a request thereof, afford access to the Project to the authorised representatives of the PMU/ Authority for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (jl) bear all expenses towards uniforms, safety gear and waste handling equipment to all the waste lifters and drivers; (m) ensure that the project is operational on all calendar days of the year; (n) be responsible for the conduct of its staff employed for this project while on duty; (o) shall obtain approval from transport department as applicable and obtain fitness certificate for the vehicles each year before the due date and shall bear any cost or expense associated with this; (p) to operate, maintain, repair and renovate the project assets and project facilities, in accordance with, inter alia, the Applicable Laws, Applicable Approvals and the requirements; (q) submit the Operational Plan to the PLBs at least 1 month before proposed Commencement Date and get the same approved; (r) commence Secondary collection and transportation of the Solid Waste from the Designated Bins and collection points within the project area at least 30 days prior to COD; (s) intimate to the PMU and the PLBs the date of commencement of the Secondary Collection and Transportation (“Commencement Date”) at least 2 weeks in advance, and place the Designated Bins at the locations at least 2 (two) days before actual date of commencement of Secondary Collection and Transportation Services; (t) procure, acquire and put into place at its own cost and expenses all the project assets and project facilities required by the Concessionaire to implement the project during the Pre- COD Period so as to achieve COD within the time stipulated in this Agreement; (u) promptly rectify and remedy any defects or deficiencies, if any pointed out by the PMU in the Inspection Report and furnish a report within the stipulated time period in respect thereof to the PMU; (v) comply with all the performance parameters as specified in Service Level Benchmarks, set forth in Schedule 2; (w) to carry out all necessary test(s) and get the approvals as per Applicable Law and in conformity with Good Industry Practices, prior to achieving COD; (x) pay all taxes, duties and outgoings, including utility charges relating to the project; (y) transfer the Project Site and Project Facilities project to the Authority upon Termination expiry or early termination of this Agreement, in accordance with the provisions thereof; (kz) make adequate provisions provide live GPS feed of movement of transportation vehicles, camera feeds at weighbridge of Project Site to the PMU, as and when sought by the PMU; (aa) be responsible and indemnify the Authority/ PMU/ PLBs for safety any accident due to negligence or otherwise in the performance of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.project;

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect Subject to the terms of the Project Documents, the Development Entity will be responsible for the management, treatment, handling, storage, monitoring, remediation, removal, transport, and disposal of any Hazardous Materials in, under or on each Project Site and that are encountered during the carrying out of any Construction Work in respect of a CNG Facility, in each case to the extent required by any Applicable Law, Governmental Entity, Governmental Approvals or the Project Facilities from any encroachments or Encumbrances, or illegal activitiesDocuments. (b) Ensure that The relevant Transit Agency will be responsible for the management, treatment, handling, storage, monitoring, remediation, removal, transport, and disposal of any Hazardous Materials in, under or on each Project Site and that are not the Project Facilities is not used for any activities which are prohibited responsibility of the Development Entity under the Applicable LawsSection 6.1(a). (c) Procure Before any Remedial Action (other than with respect to a Development Entity Release of Hazardous Materials) is taken for which the Development Entity has responsibility that would inhibit the Department’s and maintain each relevant Transit Agency’s ability to ascertain the nature and extent of the relevant Hazardous Environmental Condition, the Development Entity will afford the Department and each relevant Transit Agency the reasonable opportunity to inspect areas and locations that require Remedial Action within a reasonable time period; provided, that in full force the case of a sudden Hazardous Materials Release, the Development Entity may take the minimum action necessary to stabilize and effectcontain the relevant Hazardous Materials Release without prior notice or inspection, as necessarybut will promptly notify the Department and each relevant Transit Agency of the sudden Hazardous Materials Release and its location; provided, appropriate proprietary rightsfurther, licenses, agreements and that nothing herein shall prevent the Development Entity from complying with Applicable Permits including Law or the permits set out in Schedule 4 and keep in force in conformity with the Applicable Lawsrequirements of any Governmental Entity. (d) Pay Subject to the terms of the Project Documents, the Development Entity will (without accepting or assuming responsibility under any Applicable Law) be responsible for obtaining and maintaining all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges Governmental Approvals relating to the execution of the Agreement, development of Project Facilities any Remedial Action and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall will be solely responsible for compliance with all labour laws Governmental Approvals and Applicable Laws concerning or relating to Hazardous Materials in respect thereof. In carrying out any Remedial Action, the Development Entity will take such steps and actions as the relevant Transit Agency may reasonably require in order to protect and preserve the relevant Transit Agency’s potential claims of contribution and indemnity, statutory or otherwise, against potentially responsible parties, provided, that any such steps and actions are not inconsistent with all possible claims Applicable Laws and employment related liabilities the requirements of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against Documents and any claims, damages, expenses relevant Governmental Entities or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project FacilitiesGovernmental Approvals. (he) Provide adequate lighting The Department and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. the Development Entity have entered into this PPA in the expectation (iand on the assumption) that the Development Entity will not do or omit to do encounter any act, deed or thing which may in any manner be violative Hazardous Materials during the carrying out of any of Construction Work and to the provisions extent that the Development Entity does encounter any such Hazardous Materials, a Compensation Event will be deemed to have occurred for the purposes of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.PPA

Appears in 3 contracts

Samples: CNG Fueling for Transit Agencies Partnership Project Public Private Transportation Partnership, Public Private Transportation Partnership Agreement, Public Private Transportation Partnership Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Concessionaire shall: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure a. procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 Project; b. at all times, to afford access to the Project Site to the authorised representatives of Concessioning Authority, Senior Lenders, other persons duly authorised by any Governmental Agency having jurisdiction over the Project, to inspect the project and keep in force in conformity with the Applicable Lawsto investigate any matter within their authority and upon reasonable notice. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating c. ensure that no structural damages is caused to the execution existing buildings and other permanent structures at the Project Site as a result of Concessionaire’s activities or any of its agents, contractors, tenants, etc. except in case the Agreement, development of Project Facilities Concessionaire wishes to demolish/ dismantle the existing project structure and operation & management replace it with a new structure as per the design and drawings submitted to the Concessioning Authority and approved thereof. (e) Make d. perform and fulfill its obligations under the Financing Documents. e. make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the and hereby indemnifies Concessioning Authority against any claims, damages, expenses or losses in this regard and that in no case the and shall for no purpose shall Concessioning Authority shall be treated as employeremployer in this regard; (f) Ensure f. make its own arrangements for construction materials and procure its Contractors obtain all observe and fulfil the environmental and other requirements under the Applicable Laws and Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreementfrom time to time; (g) Pay g. ensure that the Project Site remains free from all encroachments and take all steps necessary to remove encroachments, if any; h. pay all taxes, duties, levies and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities.Project; (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) i. not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement;; and (j) j. transfer the Project Site to the Concessioning Authority in fully operational and Project Facilities to Authority functional condition upon Termination termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

General Obligations. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Developer shall Concessionaire shall, at its own cost and expense during expense, procure finance for and undertake the Agreement Period: (a) Protect design, engineering, procurement, up-gradation, construction, operation and maintenance of the Project Site and the Project Facilities from any encroachments or Encumbrancesobserve, or illegal activities. (b) Ensure that the Project Site fulfill, comply with and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits perform all its obligations set out in Schedule 4 this Agreement or arising hereunder. 5.1.2 Subject to the provisions of Articles 5.1.1, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.3 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 all Applicable Permits 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 Project; c) perform and fulfil its obligations under the Financing Agreements; d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make 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 and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employerAgreement; (fe) Ensure ensure and procure that its Contractors obtain comply with all Applicable Permits and comply with Applicable Law Laws in the performance by them of any of the Developer’s Concessionaire's obligations under this Agreement; (gf) Pay procure and comply with all utility charges Applicable Laws and Applicable Permits (including electricity consumption and water supply chargesrenewals as required) relating in the performance of its obligations under this Agreement. It is explicitly clarified that the Concessionaire shall be expected to comply with all the Project FacilitiesApplicable Laws, including any modifications to such Applicable Laws, during the Concession Period, without the Authority being liable or accountable for such changes. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (ig) not do or omit to do any act, deed or thing which may in any manner be violative of violate any of the provisions of this Agreement; (jh) ensure that all the facilities and amenities within the Project are operated and maintained in accordance with Good Industry Practice and Schedule 10; and i) transfer the Project Site and Project Facilities to the Authority upon Termination expiry or termination of this Agreement, in accordance with the provisions thereof; (j) take all reasonable precautions for the prevention of accidents on or about the Site and the Project Facilities and provide all reasonable assistance and emergency medical aid to accident victims; k) make adequate provisions its own arrangements for safety of quarrying, if necessary, and observe and fulfil the users environmental and for emergency evacuation in accordance with other requirements under the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up ; l) be responsible for safety, soundness and operate and maintain a medical aid post and ambulance services for victims durability of accidents on the Project SiteFacilities including all structures forming part thereof and their compliance with the Specifications and Standards.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Concessionaire shall at its own cost and expense during the Agreement Periodexpense: (a) Protect the Project Site investigate, study, design, finance, construct, operate and maintain the Project Facilities from any encroachments or Encumbrances, or illegal activities.in accordance with the provisions hereof; (b) Ensure that obtain all Applicable Permits and be in compliance thereof at all times during the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.Concession Period; (c) Procure comply with Applicable Law governing the operations of the Project Facilities, as the case may be, at all times during the Concession Period; (d) ensure and procure that each Project Agreements contains provisions that would entitle EDMC or a nominee of EDMC or the Lender or the Lender’s nominee to step into the same at EDMC's discretion, in place and substitution of the Concessionaire, pursuant to the provisions of this Agreement or the Substitution Agreement; (e) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project Facilities; (df) Pay all taxes including GSTappoint, property taxsupervise, duties (including stamp duties) monitor and outgoingscontrol as necessary, utility charges relating to the execution activities of Contractors under the Agreement, development of respective Project Facilities and operation & management thereof.Agreements; (eg) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority Facilities and hereby indemnifies EDMC against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall EDMC be treated as employeremployer in this regard; (fh) Ensure make its own arrangements for construction materials and procure its Contractors obtain all Applicable Permits observe and comply with fulfil the environmental and other requirements under the Applicable Law in performance by them of the Developer’s obligations under this Agreementand Applicable Permits; (gi) Pay be responsible for all the health, security, environment and safety aspects of the Project Facility/Commercial Area, as the case may be, at all times during the Concession Period; (j) ensure that the Project Facilities remains free from all encroachments and take all steps necessary to remove encroachments, if any; (k) be responsible for the shifting of utilities if any with due permission if any required and in the manner stipulated by the relevant Government Agency; (l) ensure that the shifting of utilities is carried out in a manner so as to cause least damage and inconvenience to the users thereof; (m) upon receipt of a request thereof, afford access to the Project Facilities to the authorised representatives of EDMC for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement and to any Government Agency having jurisdiction over the Project, including those concerned with safety, security or environmental protection to inspect the Project Facilities and to investigate any matter within their authority and upon reasonable notice, the Concessionaire shall provide to such persons assistance reasonably required to carry out their respective duties and functions. (n) pay all taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (jo) transfer procure and ensure that the License Agreement(s) are co-terminus with the Concession Agreement and indemnify EDMC of consequences of breach of the License Agreement(s); (p) upon Termination, vacate the Project Site and handback the Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project SiteHandback Requirements.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Concessionaire shall: (a) Protect perform and fulfill all of the Concessionaire‟s obligations with respect to the Project Site set out in Schedule 1 and under this Agreement and the Project Facilities from any encroachments or Encumbrances, or illegal activities.Selected Bidder‟s obligations under the LOA; (b) Ensure that to comply with the Project Site and time lines for setting up the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.plant, collection of waste etc. as set forth in Schedule 1; (c) Procure obtain all Applicable Approvals as required by or under the Applicable Law (d) comply with Applicable Law (including without limitation all public and labour related laws and health, safety, and sanitation laws, as then in force) governing the operations of Project at all times during the Concession Period; (e) endeavour to improve the ancillary conditions and infrastructure related to the Project including assistance to informal recycling workers, procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out Project; (f) right to enter into sub-contracts for the purposes of and subject to the terms of this Agreement; (g) develop, construct and operate the Sanitary Landfill Site at the allocated site in Schedule 4 and keep in force in conformity conformance with the Applicable Laws.terms of this Agreement for disposal of Residual Inert Matter and Rejected Waste and dispose not more than 10% (Ten percentage) of waste processed; (dh) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and be solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify and hereby agrees to keep the Authority PLBs indemnified against any claims, damages, expenses or losses in this regard and in no case and for no purpose shall the PMU/ Authority shall and/ or any of the PLBs be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them the employers of the Developer’s obligations under Concessionaire, in this Agreementregard; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any actbe responsible for all the health, deed or thing which may in any manner be violative of any security, environment and safety aspects of the provisions Project at all times during the Concession Period; (j) ensure that the Project remains free from all encroachments and take all steps necessary to remove encroachments, if any; (k) upon receipt of a request thereof, afford access to the Project to the authorised representatives of the PMU/ Authority for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (jl) bear all expenses towards uniforms, safety gear and waste handling equipment to all the waste lifters and drivers; (m) ensure that the project is operational on all calendar days of the year; (n) be responsible for the conduct of its staff employed for this project while on duty; (o) shall obtain approval from transport department as applicable and obtain fitness certificate for the vehicles each year before the due date and shall bear any cost or expense associated with this; (p) to operate, maintain, repair and renovate the project assets and project facilities, in accordance with, inter alia, the Applicable Laws, Applicable Approvals and the requirements; (q) submit the Operational Plan to the PLBs at least 1 month before proposed Commencement Date and get the same approved; (r) commence Secondary collection and transportation of the Solid Waste from the Designated Bins and collection points within the project area at least 30 days prior to COD; (s) intimate to the PMU and the PLBs the date of commencement of the Secondary Collection and Transportation (“Commencement Date”) at least 2 weeks in advance, and place the Designated Bins at the locations at least 2 (two) days before actual date of commencement of Secondary Collection and Transportation Services; (t) procure, acquire and put into place at its own cost and expenses all the project assets and project facilities required by the Concessionaire to implement the project during the Pre- COD Period so as to achieve COD within the time stipulated in this Agreement; (u) promptly rectify and remedy any defects or deficiencies, if any pointed out by the PMU in the Inspection Report and furnish a report within the stipulated time period in respect thereof to the PMU; (v) comply with all the performance parameters as specified in Service Level Benchmarks, set forth in Schedule 2; (w) to carry out all necessary test(s) and get the approvals as per Applicable Law and in conformity with Good Industry Practices, prior to achieving COD; (x) pay all taxes, duties and outgoings, including utility charges relating to the project; (y) transfer the Project Site and Project Facilities project to the Authority upon Termination expiry or early termination of this Agreement, in accordance with the provisions thereof; (kz) make adequate provisions provide live GPS feed of movement of transportation vehicles, camera feeds at weighbridge of Project Site to the PMU, as and when sought by the PMU; (aa) be responsible and indemnify the Authority/ PMU/ PLBs for safety any accident due to negligence or otherwise in the performance of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.project;

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Concessionaire shall: (a) Protect perform and fulfill all of the Concessionaire‟s obligations with respect to the Project Site set out in Schedule 1 and under this Agreement and the Project Facilities from any encroachments or Encumbrances, or illegal activities.Selected Bidder‟s obligations under the LOA; (b) Ensure that to comply with the Project Site and time lines for setting up the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.plant, collection of waste etc. as set forth in Schedule 1; (c) Procure obtain all Applicable Approvals as required by or under the Applicable Law and be in compliance thereof at all times during the Concession Period; (d) comply with Applicable Law (including without limitation all public and labour related laws and health, safety, and sanitation laws, as then in force) governing the operations of Project at all times during the Concession Period; (e) endeavour to improve the ancillary conditions and infrastructure related to the Project including assistance to informal recycling workers, procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out Project; (f) right to enter into sub-contracts for the purposes of and subject to the terms of this Agreement; (g) develop, construct and operate the Sanitary Landfill Site at the allocated site in Schedule 4 and keep in force in conformity conformance with the Applicable Laws.terms of this Agreement for disposal of Residual Inert Matter and Rejected Waste and dispose not more than 10% (Ten percentage) of waste processed; (dh) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and be solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify and hereby agrees to keep the Authority PLBs indemnified against any claims, damages, expenses or losses in this regard and in no case and for no purpose shall the PMU/ Authority shall and/ or any of the PLBs be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them the employers of the Developer’s obligations under Concessionaire, in this Agreementregard; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any actbe responsible for all the health, deed or thing which may in any manner be violative of any security, environment and safety aspects of the provisions Project at all times during the Concession Period; (j) ensure that the Project remains free from all encroachments and take all steps necessary to remove encroachments, if any; (k) upon receipt of a request thereof, afford access to the Project to the authorised representatives of the PMU/ Authority for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (jl) bear all expenses towards uniforms, safety gear and waste handling equipment to all the waste lifters and drivers; (m) ensure that the project is operational on all calendar days of the year; (n) be responsible for the conduct of its staff employed for this project while on duty; (o) shall obtain approval from transport department as applicable and obtain fitness certificate for the vehicles each year before the due date and shall bear any cost or expense associated with this; (p) to operate, maintain, repair and renovate the project assets and project facilities, in accordance with, inter alia, the Applicable Laws, Applicable Approvals and the requirements; (q) submit the Operational Plan to the PLBs at least 1 month before proposed Commencement Date and get the same approved; (r) commence Secondary collection and transportation of the Solid Waste from the Designated Bins and collection points within the project area at least 30 days prior to COD; (s) intimate to the PMU and the PLBs the date of commencement of the Secondary Collection and Transportation (“Commencement Date”) at least 2 weeks in advance, and place the Designated Bins at the locations at least 2 (two) days before actual date of commencement of Secondary Collection and Transportation Services; (t) procure, acquire and put into place at its own cost and expenses all the project assets and project facilities required by the Concessionaire to implement the project during the Pre- COD Period so as to achieve COD within the time stipulated in this Agreement; (u) promptly rectify and remedy any defects or deficiencies, if any pointed out by the PMU in the Inspection Report and furnish a report within the stipulated time period in respect thereof to the PMU; (v) comply with all the performance parameters as specified in Service Level Benchmarks, set forth in Schedule 2; (w) to carry out all necessary test(s) and get the approvals as per Applicable Law and in conformity with Good Industry Practices, prior to achieving COD; (x) pay all taxes, duties and outgoings, including utility charges relating to the project; (y) transfer the Project Site and Project Facilities project to the Authority upon Termination expiry or early termination of this Agreement, in accordance with the provisions thereof; (kz) make adequate provisions provide live GPS feed of movement of transportation vehicles, camera feeds at weighbridge of Project Site to the PMU, as and when sought by the PMU; (aa) be responsible and indemnify the Authority/ PMU/ PLBs for safety any accident due to negligence or otherwise in the performance of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.project;

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

General Obligations. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Developer shall Concessionaire shall, at its own cost and expense during expense, procure finance for and undertake the Agreement Period: (a) Protect design, engineering, procurement, up-gradation, construction, operation and maintenance of the Project Site and the Project Facilities from any encroachments or Encumbrancesobserve, or illegal activities. (b) Ensure that the Project Site fulfill, comply with and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits perform all its obligations set out in Schedule 4 this Agreement or arising hereunder. 5.1.2 Subject to the provisions of Articles 5.1.1, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.3 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 all Applicable Permits 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 Project; c) Perform and fulfil its obligations under the Financing Agreements; d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) 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 and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employerAgreement; (fe) Ensure and procure that its Contractors obtain comply with all Applicable Permits and comply with Applicable Law Laws in the performance by them of any of the Developer’s Concessionaire's obligations under this Agreement; f) Procure and comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement. It is explicitly clarified that the Concessionaire shall be expected to comply with all the Applicable Laws, including any modifications to such Applicable Laws, during the Concession Period, without the Authority being liable or accountable for such changes. g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not Not do or omit to do any act, deed or thing which may in any manner be violative of violate any of the provisions of this Agreement; (jh) Ensure that all the facilities and amenities within the Project are operated and maintained in accordance with Good Industry Practice and Schedule10; and i) transfer the Project Site and Project Facilities to the Authority upon Termination expiry or termination of this Agreement, in accordance with the provisions thereof; (kj) make adequate provisions Take all reasonable precautions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims prevention of accidents on or about the Site and the Project SiteFacilities and provide all reasonable assistance and emergency medical aid to accident victims; k) Make its own arrangements for quarrying, if necessary, and observe and fulfil the environmental and other requirements under the Applicable Laws / Applicable Permits; l) Be responsible for safety, soundness and durability of the Project Facilities including all structures forming part thereof and their compliance with the Specifications and Standards.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Concessionaire shall at its own cost and expense during expense: 5 This provision will be firmed up once the Agreement Period:preferred bidder is known. (a) Protect the Project Site a. investigate, study, design, procure, build, operate, maintain and transfer the Project Facilities from any encroachments in accordance with the provisions hereof; b. comply with Applicable Law at all times during the Concession Period; c. endeavor to sell or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities otherwise dispose off all Recyclable Substances in a manner which is not detrimental to the environment; d. endeavor to improve the ancillary conditions and infrastructure related to the Project, including assistance to informal recycling workers; e. carry out Awareness Campaign by contracting with reputed non-government organisations (NGO’s) to educate and train Persons generating MSW to segregate such waste into Biodegradable Substances and Non-biodegradable Substance; f. provide uniforms for all its employees/ Contractor’s personnel which shall be worn by such employees/personnel while on duty; g. provide street corner bins at places within the Concession Area in accordance with the O&M Requirements; h. register vehicles used for any activities which transportation of segregated MSW with the concerned Government Agencies and ensure that all taxes are prohibited under the Applicable Laws.paid up-to-date on such vehicles; (c) Procure i. procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project; (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make j. make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims from any third party and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies MCD against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall MCD be treated as employeremployer in this regard; (f) Ensure k. make its own arrangements for construction materials and procure its Contractors obtain all Applicable Permits observe and comply with fulfill the environmental and other requirements under the Applicable Law in performance by them and Applicable Permits; l. be responsible for all the health, security, environment and safety aspects of the Developer’s obligations under Project at all times during the Concession Period. m. ensure that the Facility Site and Workshop Site remain free from all encroachments and take all steps necessary to remove encroachments, if any; n. upon receipt of a request thereof, afford access to the Facility Site and Workshop Site to the authorised representatives of MCD for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (g) Pay o. pay all Taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization p. establish a standard protocol for addressing complaints from Persons in the Concession Area to the satisfaction of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etcthe Independent Consultant in accordance with the O&M Requirements. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any q. upon instructions of the provisions MCD, hand over indicated quantities of this Agreement;MSW to such persons as may be specified by MCD, upon payment to the Concessionaire of the Tipping Fee in respect of such waste. (j) transfer r. conduct the Project Site and Project Facilities to Authority upon Termination of this Agreement, Awareness Campaign in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation Schedule S. s. submit reports regarding matters specified in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project SiteSchedule P .

Appears in 2 contracts

Samples: Collection, Segregation, Transportation, and Disposal of Municipal Solid Waste Agreement, Collection, Segregation, Transportation, and Disposal of Municipal Solid Waste Agreement

General Obligations. Subject a. The Concessionaire shall observe, undertake, comply with and perform, in addition to and on not in derogation of its obligations elsewhere set out in this Concession, the terms following: i. Take over the possession of the Project Site from the Authority, provided it is being delivered in accordance with the provisions of Article 4.1 and conditions safeguard and use the Project Site solely for the purpose of discharging its obligations under this Concession Agreement; ii. Obtain any and all permits, necessary approvals, clearances and sanctions from the Competent Authority, for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunications etc, as and when they may be required, for the Concessionaire and its employees to perform their obligations under this Concession Agreement; iii. Comply and observe at all times with all Applicable Permits, approvals and applicable laws, norms/ standards in the performance of its obligations under this Agreement including those being performed by any of its Contractors; iv. Submit, 2 (two) copies each (soft/ hard) of the detailed design, including Architectural Plans, Structural Drawings, all internal and estate services of the Project to the Authority; v. Make arrangements and procurement of firm commitment for financing the Project and achieve Financial Closure and deliver complete evidence to the Authority that Financial Closure has been accomplished, within a period of 90 days from the date of signing of this Concession Agreement. As and when these documents are approved by the Lenders, with or without modifications, true notarized copies of the Financing Package, Financing Documents & the Financial Model shall be furnished by the Concessionaire to the Authority forthwith. The soft copy of the Financing Package, Financing Documents & the Financial Model shall also be provided. vi. Carry out the Works strictly in accordance with the provisions of this Concession Agreement, the Developer Technical Requirements, Performance Standards, the Project Implementation Schedule and the Schedules of this Concession Agreement, and all works not mentioned in this Concession Agreement but which may be inferred to be necessary for safe, reliable and efficient construction and operation of the Works; vii. Undertake to complete the construction within the specified Construction Period, provided that the Concessionaire shall not be in breach of this Article 8.1(a)(vii) if any non‐fulfillment or the delay in fulfillment of its obligation are caused by (i) the occurrence of an event of Force Majeure or (ii) any other act or omission of the Authority in contravention of its obligations under this Concession; viii. Furnish the Authority with the “As Built Drawings” of the Project within 30 (thirty) days of the completion of the Construction of the Project; ix. Ensure that the commercial area has been constructed at the Project Site as per conceptual plans; x. Ensure that the Ecotourism & Adventure Park shall be used for the intended purpose only as agreed between the Parties. xi. Shall have the right to sub‐licence the use of commercial area of the Project, during the subsistence of this Concession Agreement only with a clear stipulation that sub‐licence granted shall terminate simultaneously with the termination of this Concession Agreement including any sooner determination of the Concession Period for any reason whatsoever. All contracts, agreements or arrangements with sub‐licensees shall specifically stipulate this covenant of termination of the sub‐ licence rights and further that the sub‐ licencee shall not have any claim whatsoever against the Authority for any such termination. The Concessionaire shall prepare a draft standard format of the sublicence arrangement/ agreement which the Concessionaire will be required to sign with the sub‐licencee for the use of the commercial area of the Project. The Concessionaire shall furnish the draft of such agreement/ arrangement to Authority for its approval. The Authority shall be entitled to incorporate such clauses as Authority may consider appropriate to protect Authority‟s interest. The Concessionaire shall enter into sub‐licence arrangements as per the standard format with the covenants stipulated by the Authority with Authority as the Confirming Party to the same and the Concessionaire shall not incorporate or bring change in any clause in the arrangement/agreement that would have adverse effect on the covenants incorporated by the Authority. In case of any deviation from the above mentioned standard draft of the agreement in any particular circumstances, which supersedes or adversely effects Authority‟s terms and covenants, the prior written consent of Authority shall be taken before entering into any such agreement with sub‐licencees. xii. Ensure that the sub‐licence agreement/arrangement shall be maximum for a period of 3 years at a time. Pursuant to the expiry of 3 years, the sub‐licence agreement may be renewed. xiii. Shall ensure that the use of the Project Site is restricted to the Article 2 (Scope of Work). xiv. Carry out its obligations/duties with regard to the operation and maintenance of the Project in accordance with the Schedules to this Concession Agreement. The obligations shall include all work which is necessary to satisfy the Schedules, Technical Requirements and Performance Standards or is implied by this Concession Agreement, or arises from any obligation of the Concessionaire, and all duties not mentioned in this Concession Agreement, but which may be inferred to be necessary for the safe, reliable and efficient operation of the Project; xv. Operate and maintain the Project and all its components, including maintaining necessary records, for the periods stipulated herein after, as per the Technical Requirements and Performance Standards set out, and shall remedy any defects within the Concession Period. The Concessionaire shall provide all superintendence, labour, plant, materials, equipment, and all such other things for such operation (including fee collection) and maintenance (including remedying of defects). xvi. Be responsible from the date of issue of “Notice to Commence” for all liabilities arising out of construction, design, operation and maintenance of the Project. xvii. Take full responsibility for the adequacy, stability and safety of all Project Site operations, of all methods of construction, operation and maintenance of the Project, irrespective of any approval or consent by Authority. xviii. Submit to the Authority certified true copies of each of the Project Agreements and any further replacement, amendment or modifications within 7 (seven) days of their execution. xix. To be responsible for safety, soundness and durability of the Project, including other structures, services forming part thereof and their compliance with the local building byelaws. xx. To ensure that no structural damage is caused to the existing building(s) and other permanent structures at the Project Site as a result of Concessionaire‟s activities or any of its agents, contractors, tenants etc. xxi. Submit “Structural Safety Certificate” of the proposed Ecotourism & Adventure Park from competent structural engineer before the commencement of commercial activities. The Concessionaire shall ensure that the certificate is also counter certified/ signed by the Independent Engineer. xxii. To pay at its own cost all applicable existing and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits future taxes/ charges/ fees/ levies including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including services tax, stamp duties) duty, registration charges and outgoingsany other legal documentation charges, utility charges relating to the execution if any, in respect of the Agreementsaid Ecotourism & Adventure Park, development of including Project Facilities and operation & management thereofSite, as leviable. (e) Make efforts to maintain xxiii. To duly supervise, monitor and control the activities of Contractors, subcontractors, their employees and agents under their respective Project Agreements as may be necessary. xxiv. To ensure harmony and good industrial relations among amongst the personnel employed in connection with the performance of the Concessionaire‟s obligations under this Agreement. xxv. To obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice. xxvi. To take all reasonable precautions for the prevention of accidents on or about the Ecotourism & Adventure Park/Project Site and provide all reasonable assistance and emergency medical aid to accident victims. xxvii. Not to permit any contractor, sub‐contractors or other person, claiming through or under the Concessionaire, to create or place any Encumbrances or security interest over all or any part of Project Site or the Project Assets or on any rights of the Concessionaire therein or under this Agreement, save and except as expressly permitted in this Agreement. xxviii. To ensure that such Project Site remains free from all encumbrances, encroachments and trespass during the entire Concession Period. xxix. To provide all assistance to the Independent Engineer/ expert/ independent auditor/ arbitrator as it may require for the performance of their duties and services. xxx. At all times, to afford access to the Project Site to the authorized representatives of Authority, Lenders, other persons duly authorized by any Governmental Agency having jurisdiction over the Project, to inspect the Ecotourism & Adventure Park and to investigate any matter within their authority and upon reasonable notice. xxxi. To remain solely and primarily responsible to Authority for observance of all the provisions of this Concession Agreement on behalf of the Concessionaire, its employees and representatives and further on behalf of the sub‐ licencees, their employees and agents and any person acting under or for and on behalf of the Concessionaire or the sub‐licencees, the sub‐contractor as fully as if they were the acts or defaults of the Concessionaire, its agents or employees. xxxii. To remain liable for and to indemnify, protect, defend and hold harmless Authority, Authority‟s officers, employees and agents from and against any and all demands, claims, suits and causes of action and any and all liability, costs, expenses, settlements and judgments arising out of the failure of the Concessionaire to discharge its obligations under this Article and to comply with the provisions of Applicable Laws and Applicable Permits. xxxiii. To acknowledge and recognize that time is of the essence of this Agreement and that the performance of its obligations shall be construed accordingly. xxxiv. To remain at all times, responsible and liable for all its obligations under this Agreement notwithstanding anything contained in any other agreement, and no default under any agreement shall be excuse the Concessionaire from its obligations or liability hereunder. xxxv. The Concessionaire may undertake development of Project by itself or through one or more contractors possessing requisite technical, financial and managerial expertise/capability; but in either case, the Concessionaire shall remain solely responsible for compliance with all labour laws and all possible claims and employment related liabilities to meet the scope of its staff employed work as mentioned in relation with the Project Facilitiesthis Agreement. xxxvi. The Developer Concessionaire shall indemnify the Authority against any claims, damages, expenses or losses in this regard make timely and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them due payment of the Developer’s obligations under this Agreement; (g) Pay ACF at all utility charges (including electricity consumption and water supply charges) relating to time during the Project FacilitiesConcession period. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization xxxvii. The Concessionaire shall timely furnish the Performance Security/O&M Security as per the terms of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etcthe Concession Agreement. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of xxxviii. The Concessionaire shall timely make good the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth shortfall in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project SitePerformance Security/O&M Security.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect Seller, during the Project Site and Term of the Project Facilities from any encroachments Agreement, shall pay all present or Encumbrancesfuture federal, state, municipal, or illegal activities.other lawful taxes or fees applicable to Seller, or the Facility, or by reason of the sale of Net Energy and, as applicable, all RE Cs and other related Environmental EXECUTION VERSION (b) Ensure that Seek, obtain, maintain, comply with and, as necessary, renew, and modify from time to time, at Seller's sole expense, the Project Site Permits and the Project Facilities is not used for any activities all other permits, certificates or other authorizations which are prohibited under required by any applicable laws or Government Agencies as prerequisites to engaging in the Applicable Lawssale of Net Energy (and RECs and other related Environmental Attributes, as applicable) at the Delivery Point as envisioned by the Agreement and to meeting Seller's obligation to operate the Facility consistently with the terms of the Agreement. (c) Procure At Seller's sole expense, operate and maintain maintain, provide security for and repair the Facility in full force accordance with this Agreement and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable LawsGood Utility Practice. (d) Pay all taxes including GSTAt Seller's sole expense, property tax, duties (including stamp duties) obtain and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereofmaintain policies ofgeneral liability insurance in accordance with Article IX. (e) Make efforts Comply with all directives of SCE&G Transmission pursuant to maintain harmony the applicable agreements for generator interconnection and good industrial relations among the personnel employed in connection transmission service, and cooperate with the performance of its obligations under this Agreement and shall be solely responsible for all reasonable requests by Buyer relating to Buyer's compliance with all labour laws and all possible claims and employment related liabilities any such directives relating to deliveries of its staff employed in relation with Net Energy from the Project FacilitiesFacility. The Developer Parties recognize that Seller' compliance with any such directives of SCE&G Transmission due to conditions on Buyer' Distribution System that require curtailment or interruption of Net Energy deliveries may result in reduced sales hereunder, without liability on the part of either Party. Notwithstanding the foregoing, Buyer shall indemnify the Authority against any claims, damages, expenses have no right to curtail or losses in this regard and in no case the Authority shall be treated as employer;interrupt Net Energy deliveries for economic reasons. (f) Ensure and procure its Contractors obtain all Applicable Permits and comply Notwithstanding anything in this Article V to the contrary, no payment shall be due to Seller under Section 8.1 with Applicable Law in performance respect to the Net Energy that is not delivered by them Seller to the Delivery Point for any of the Developer’s obligations under this following reasons (such Net Energy, "Curtailed Energy"): (i) delivery of Net Energy is curtailed through any SCE&G Transmission mechanism or procedure of any sort for redispatch, transmission loading, renewable integration procedures, or any similar or successor operating rules, procedures, or systems, and for any other reason, in each case in compliance with the Interconnection Agreement; (gii) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do there is any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, curtailment by SCE&G Transmission in accordance with the provisions thereofInterconnection Agreement, or by the System Operator (if other than SCE&G Transmission), for delivery of the Net Energy from the Facility, including planned outages for Transmission System network upgrades impacting the Interconnection Facilities; (kiii) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Lawsan Emergency Condition; andor (liv) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims an event of accidents on the Project SiteForce Majeure.

Appears in 1 contract

Samples: Renewable Power Purchase Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Concessionaire shall: (a) Protect perform and fulfill all of the Concessionaire’s obligations with respect to the Project Site set out in Schedule 1 and under this Agreement and the Project Facilities from any encroachments or Encumbrances, or illegal activities.Selected Bidder’s obligations under the LOA; (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited obtain all Applicable Approvals as required by or under the Applicable Laws.Law and be in compliance thereof at all times during the Concession Period; (c) Procure comply with Applicable Law (including without limitation all public and labor related laws and health, safety, and sanitation laws, as then in force) governing the operations of Project at all times during the Concession Period; (d) endeavour to improve the ancillary conditions and infrastructure related to the Project including assistance to informal recycling workers, (e) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project; (df) Pay all taxes including GST, property tax, duties (including stamp duties) right to enter into sub-contracts for the purposes of and outgoings, utility charges relating subject to the execution terms of the this Agreement, development of Project Facilities and operation & management thereof.; (eg) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and be solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify and hereby agrees to keep the Authority AMC indemnified against any claims, damages, expenses or losses in this regard and in no case the Authority and shall for no purpose shall AMC be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them the employers of the Developer’s obligations under Concessionaire, in this Agreementregard; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting be responsible for all the health, security, environment and ventilations devices, rain water harvesting, utilization safety aspects of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etcthe Project at all times during the Concession Period. (i) not do or omit ensure that the Project remains free from all encroachments and take all steps necessary to do any actremove encroachments, deed or thing which may in any manner be violative if any; (j) upon receipt of any a request thereof, afford access to the Project to the authorised representatives of AMC for the provisions purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (jk) ensure that the Project is operational on all calendar days of the year; (l) be responsible for the conduct of its staff employed for this Project while on duty; (m) shall obtain the RTO passing and obtain fitness certificate for the vehicles each year before the due date and shall bear any cost or expense associated with this (if required); (n) to operate, maintain, repair and renovate the Project Assets, in accordance with, inter alia, the Applicable Laws, Applicable Approvals and the requirements; (o) procure, acquire and put into place at its own cost and expenses all the Project Assets required by the Concessionaire to implement the Project during the Pre-COD Period so as to achieve COD within the time stipulated in this Agreement; (p) promptly rectify and remedy any defects or deficiencies, if any pointed out by the AMC in the Inspection Report and furnish a report within the stipulated time period in respect thereof to the AMC; (q) comply with all the performance parameters as specified in Service Level Benchmarks, set forth in Annexure 2; (r) to carry out all necessary test(s) and get the approvals as per Applicable Law and in conformity with Good Industry Practices, prior to achieving COD; (s) pay all Taxes, duties and outgoings, including utility charges relating to the Project; and (t) transfer the Project Site and Project Facilities to Authority the AMC upon expiry or early Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Developer shall Concessionaire shall, at its own cost and expense during expense, procure finance for and undertake the Agreement Period: (a) Protect design, engineering, procurement, up-gradation, temporary construction, operation and maintenance of the Project Site and the Project Facilities from any encroachments or Encumbrancesobserve, or illegal activities. (b) Ensure that the Project Site fulfil, comply with and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits perform all its obligations set out in Schedule 4 this Agreement or arising hereunder. 5.1.2 Subject to the provisions of Articles 5.1.1, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.3 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 all Applicable Permits and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws.; (d) Pay all taxes including GSTb. procure, property taxas required, duties (including stamp duties) the appropriate proprietary rights, licences, agreements and outgoingspermissions for materials, utility charges relating to methods, processes and systems used or incorporated into the execution of Project; c. perform and fulfil its obligations under the Agreement, development of Project Facilities and operation & management thereof.Financing Agreements; (e) Make 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 and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employerAgreement; (f) Ensure e. ensure and procure that its Contractors obtain comply with all Applicable Permits and comply with Applicable Law Laws in the performance by them of any of the Developer’s Concessionaire's obligations under this Agreement; (g) Pay f. procure and comply with all utility charges Applicable Laws and Applicable Permits (including electricity consumption and water supply chargesrenewals as required) relating in the performance of its obligations under this Agreement. It is explicitly clarified that the Concessionaire shall be expected to comply with all the Project FacilitiesApplicable Laws, including any modifications to such Applicable Laws, during the Concession Period, without the Authority being liable or accountable for such changes. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) g. not do or omit to do any act, deed or thing which may in any manner be violative of violate any of the provisions of this Agreement; (j) h. ensure that all the facilities and amenities within the Project are operated and maintained in accordance with Good Industry Practice and Schedule – 10; and i. transfer the Project Site and Project Facilities to the Authority upon Termination expiry or termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions j. take all reasonable precautions for safety the prevention of accidents on or about the users and for emergency evacuation in accordance with the Approved Project Development Plan Site and the Applicable Laws; and (l) Project Facilities and provide all reasonable assistance and emergency medical aidaid to accident victims; k. make its own arrangements for quarrying, as set forth in if necessary, and observe and fulfil the Approved Project Development Plan, environmental and other requirements under the Applicable Laws and in accordance with Applicable Permits. The Developer shall set up ; l. be responsible for safety, soundness and operate and maintain a medical aid post and ambulance services for victims durability of accidents on the Project SiteFacilities including all structures forming part thereof and their compliance with the Specifications and Standards.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to 2.2.1 The Concessionaire shall observe and on comply with all its obligations set forth in this Concession Agreement and all the terms and conditions mentioned in the participation offer invited for the Project. 2.2.2 The scope of this Agreement, work (“Scope of Work”) to be performed by the Developer shall at its own cost and expense during the Agreement Period:Concessionaire is as follows: -­‐ (ai) Protect The Concessionaire shall be responsible for financing, designing, drawing, fabrication, supplying, providing, erecting, constructing, testing & commissioning of the Plant at the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activitiessite on BOOT basis. (bii) Ensure that The Concessionaire shall own, operate and maintain the Project Site and Plant for a period of 20(twenty) years (“Concession Period”) from the Project Facilities is not used for any activities which are prohibited under the Applicable LawsCommencement Date. (ciii) Procure The Concessionaire shall weigh the MSW WASTE received at the Project site and shall maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including daily records of the permits set out in Schedule 4 and keep in force in conformity with the Applicable Lawssame. (div) Pay The Concessionaire shall be responsible for setting up of all taxes including GST, property tax, duties (including stamp duties) the units as required to operate this facility as per its own design and outgoings, utility charges relating NDMC shall not be obligated to the execution of the Agreement, development of Project Facilities and operation & management thereofprovide any financial or other such support. (ev) Make efforts Prior to maintain harmony establishment of the Plant, the Concessionaire shall carry out a detailed study and good industrial relations among analysis on the personnel employed in connection with MSW WASTE generated/created within the performance of its obligations under this Agreement NDMC limits and shall ensure that the Plant will be solely responsible for compliance with all labour laws operated as per the features and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them characteristics of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to MSW WASTE so generated/created within the Project FacilitiesNDMC limits. (hvi) Provide adequate lighting The Concessionaire shall allow designated officers of the NDMC to visit the facility in line with the operating conditions o the Plant. The Concessionaire will advise and ventilations devices, rain water harvesting, utilization update the NDMC regarding the operation of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systemsthe Plant and the Project. 2.2.3 The NDMC shall waive all and any of applicable NDMC charges towards the development of the project, etc. (i) not do or omit to do any act2.2.4 The Concessionaire shall bear all the expenses, deed or thing which may in any manner be violative of any charges and deposits for the Electricity and Water Supply utilized during the operation of the provisions Plant. The NDMC shall ensure the necessary supply as required from time to time of this Agreement;water and electricity is provided to the concessionaire. And Concessionaire shall have the option to make its own arrangements if it so desires. (j) transfer 2.2.5 The Concessionaire shall, at its own expenses, carry out all the Project Site necessary statutory and Project Facilities regulatory tests and submit the required reports to Authority upon Termination the relevant government bodies. 2.2.6 The Concessionaire shall ensure that the plant should run at a yearly average of this Agreement, no less than 80% of total plant capacity. 2.2.7 The Concessionaire shall ensure that the rejects/ash generated from the Plant and returned to the NDMC should not be in accordance with the provisions thereof; (k) make adequate provisions for safety excess of the users agreed amount of input waste quantity. This shall be set at a maximum of twenty percent (20%). 2.2.8 The NDMC, or its agents, shall remain responsible for the collection of waste and for emergency evacuation in accordance with delivery of that waste to The Concessionaire’s facility. These waste-­‐to-­‐energy facilities will process Municipal Solid Waste (MSW), which shall exclude Biomedical, Construction, Industrial, Market and Hazardous Waste. It must be noted that the Approved Project Development Plan inclusion of inert materials such as dirt and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents construction waste impacts on the Project Site.performance of the waste-­‐to-­‐energy process. Therefore the MSW composition shall have clearly defined limits for agreed inert items such as dirt and construction debris. If the level of the agreed inert waste materials delivered exceeds the limits as agreed by The Parties in

Appears in 1 contract

Samples: Waste Concession Agreement & Land Lease Agreement

General Obligations. Subject CO-OPERATION 1. The Host Government shall co-operate fully in connection with all Project Activities. 2. The Host Government shall consult promptly with the Project Investors and with Other Host Governments concerning any measures, including measures taken in conjunction with Project Investors and/or Other Host Governments, by which the Host Government can make cross-border Project Activities more effective, timely and efficient, including streamlined and coordinated customs, Transport procedures, tariffs and practices, and the use of common measurement and metering facilities within the Territory in order to monitor the Transport of electricity. 3. Except under Article 38 and on the terms and conditions Article 39 of this Agreement, the Developer Host Government shall at abstain from any action having as its own cost and expense during purpose or effect the Agreement Period: (a) Protect frustration, impediment or delay of the Project Site and or of any Project Activities. 1. The Host Government shall [use its best endeavours to] procure the Project Facilities timely performance of the obligations [12] arising from any encroachments or Encumbrances, or illegal activitiesProject Agreements entered into by any State Authority and/or State Entity. The obligation of the Host Government in that respect shall be an independent guarantee enforceable pursuant to Article 43 separately from the obligations of any State Authority and/or any State Entity under the relevant Project Agreement. (b) Ensure that 2. The Host Government shall, in a timely fashion, issue, give or cause to be given, in writing, all decrees, enactments, orders, regulations, rules, interpretations, authorisations, approvals and consents necessary or appropriate to evidence and perform the Project Site foregoing procurement obligation to enable and the Project Facilities is not used for require any activities which are prohibited under the Applicable Laws. (c) Procure and maintain relevant State Authority and/or State Entity to perform in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay a timely manner all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and as provided by the Project Agreements. 3. The Host Government shall be solely responsible for compliance with all labour laws [use its best endeavours to] procure that any State Authority and/or State Entity make the payment in a timely manner of any and all possible claims sums of money which may become due and employment related liabilities owing by such State Authority and/or State Entity under or pursuant to the indemnification provisions of its staff employed any Project Agreement. 4. The privatisation, insolvency, liquidation, reorganisation or any change in the viability, ownership, organisational structure or legal existence of any State Authority or State Entity party to any Project Agreement shall not affect the obligations of the Host Government hereunder. 5. The Host Government shall, throughout the entire term of the above-mentioned Project Agreement to which any State Authority or State Entity is a party, ensure that the obligations of that State Authority or State Entity under the Project Agreement are always vested in and undertaken by an Entity authorised to perform and capable of performing such obligations, failing which, the Host Government itself shall perform directly all such obligations of such State Authority or State Entity. The minimalist version of Article 8 (i.e. omitting all language within square brackets) provides an optimal level of security for Project Investors, but also imposes far- reaching obligations (including in relation with the Project Facilitiesto future legislative action) on Host Governments, which should take specialised advice prior to entering into such obligations. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them language within square brackets is intended to provide users of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devicesMAs with a variety of options, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreementused together or separately, in accordance with order to mitigate the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents obligations imposed on the Project SiteHost Governments.

Appears in 1 contract

Samples: Model Intergovernmental and Host Government Agreements for Cross Border Electricity Projects

General Obligations. Subject to and on 6.15.1 The Concessionaire during the terms and conditions of this Agreement, the Developer Concession Period shall at its own cost and expense during the Agreement Periodexpense: (a) Protect a. Investigate, study, design, operate and maintain the Project Site and Facility(s) in accordance with the Project Facilities from any encroachments provisions hereof; b. Obtain all Applicable Permits as required by or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.Law and be in compliance thereof at all times during the Concession Period; (c) c. Comply with Applicable Law governing the operations of the Project Facility(s), as the case may be, at all times during the Concession Period; d. Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licensesconcessions, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 Project; e. Appoint, supervise, monitor and keep in force in conformity control as necessary, the activities of Contractors under the respective Project Agreements; f. Be responsible for all the health, security, environment and safety aspects of the Project Site/Project Facility, as the case may be, at all times during the Concession Period; g. Ensure that the Project Site remains free from all encroachments and take all steps necessary to remove encroachments, if any; h. Upon receipt of a request thereof, provide access to the Project Facility(s) to the authorized representatives of the Authority for the purpose of ascertaining compliance with the Applicable Laws.terms, covenants and conditions of this Agreement and to any Government Agency having jurisdiction over the Project, including those concerned with safety, security or environmental protection to inspect the Project Facility and to investigate any matter within their authority and upon reasonable notice, the Concessionaire shall provide to such persons assistance reasonably required to carry out their respective duties and functions; (d) i. Pay all taxes including GST, property taxTaxes , duties (including stamp duties) and outgoings, including utility charges relating to the execution Project Facility, as applicable throughout the Concession Period; j. Provide and maintain all necessary accommodation and welfare facilities for its staff and labour. The Concessionaire shall not permit any of its employees to maintain any temporary or permanent living quarters within the structure forming a part of the Agreement, development of Project Facilities Facility(s); k. Take precautions to ensure the health and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities safety of its staff employed and labour; l. Take reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst its staffs and labour and to preserve peace and protection of persons and property in the neighborhood of the Project Facility against such conduct; m. Shall be the responsible to employ adequate number of cleaners and sweepers and provide them with adequate and necessary equipments/ materials for keeping the laundry scrupulously clean and in a sanitary condition to the satisfaction of the Hospital Authority authorities. Anti rodent and pest control measures will also be strictly followed and it will be the responsibility of the Concessionaire to ensure that premises are free of these. n. Shall install of electricity meter in its own name. In case of installation of Sub-meter by the hospital authority under such circumstances where electric meter in own name may not be provided for time being the cost towards installation of such sub-meter shall be borne by the Concessionaire. The Hospital Authority will raise bills as per reading in the sub-meter which has to be paid within due time by the Concessionaire. o. Connection for requisite water supply will be provided to the proposed premises where such Mechanized Laundry facility is intended to be set up. Necessary Water pipelines and disposal and drainage system have to be installed by the Concessionaire at their own cost. Also if there is implementation of provision of water tax as per Government rules the Water meter have to be installed by Concessionaire at their own cost and pay the water tax as per meter reading to concerned authority. p. The Concessionaire will ensure back up power (generator services) for continuation of services in case of disruption in electrical power as per specifications and standard power requirement of the respective equipments q. Decency in relation with to work culture, etiquettes have to be maintained by all the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard staffs and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating managerial level workers attached to the Project Mechanized Laundry Facilities. r. The Concessionaire will ensure that the Mechanized Laundry facilities established within the Hospital premises will be used exclusively for the purpose of washing linens of the Hospitals/facilities tagged with the mother facility only. The facility will not be utilized for washing of any clothes from any other sources other than the facilities and hospitals for which the Concessionaire have received Work Orders. If services have to be provided for any other Government facilities not tagged originally, the same may be done only after receiving necessary orders from concerned Health authorities. s. The laundry services shall be meant for all the Hospitals tagged to the central unit (h) Provide adequate lighting and ventilations devicesMain Hospital & Centres including IPD, rain water harvestingOPD, utilization of waste waterdifferent Diagnostic blocks, landscapingEmergency services, appropriate security systemsMaternity services, including provision for fitting CCTV systemsMinor & Major OT’s, waste management systems, cleaning systems, Administrative block etc.), or as per the directions of Hospital Authority authorities from time to time. (i) not do or omit t. The complete job of collecting of dirty linens from earmarked place/places to do any act, deed or thing which may in any manner be violative supply of any cleaned linens to earmarked place/places of the provisions of this Agreement; hospitals shall be carried out by the Concessionaire. (j) transfer the Project Site and Project Facilities to Authority upon Termination of this AgreementI.e. sluicing, in accordance with the provisions thereof; (k) make adequate provisions for safety washing, hydro-extraction, drying, repairing of the users linens, ironing/calendaring, storing and for emergency evacuation in accordance with issue or distribution of cleaned linen. the Approved Project Development Plan and different hospitals from where the Applicable Laws; and (l) provide emergency medical aid, as set forth in linens are collected from washing at the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Sitecentral units.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall The Service Provider shall: a. Procure all Applicable Permits at its own cost and expense and be in compliance thereof at all times during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions period of this Agreement; (j) transfer b. Comply with Applicable Laws at all times during the Project Site and Project Facilities to Authority upon Termination period of this AgreementAgreement and in particular ensure conformity to all the laws relevant to contract labourers/employees, with respect to their work environment, health and safety aspects; c. Ensure that all aspects of the Assignment shall conform to the laws pertaining to environment, health and safety aspects including Municipal Solid Waste (Management & Handling) Rules 2000, policies and guidelines related thereto; d. Adhere to all requirements relating to employees and labour, as set out in Schedule 6; e. Throughout the Agreement Period, at its cost and expense, purchase and maintain by due re-instatement or otherwise all necessary insurances required for the Assignment including but not limited to the following aspects: i. Tools, Equipment and Vehicles provided by the Service Provider and BBMP Assets; ii. Third Party Liability Cover; iii. Employees Sickness and workmen’s compensation cover. f. Effect and maintain such insurance as may be necessary for mitigating the risks that may devolve on BBMP as a consequence of any act or omission by the Service Provider during the Agreement Period. g. Submit to BBMP and TPI: i. Evidence that all necessary insurances, including those specified above, have been effected; ii. Copies of the insurance policies; and iii. Copy of receipts of the premiums paid. h. Comply with conditions stipulated in each of the insurance policies and make no material alteration to the terms of any insurance without the prior approval of BBMP; i. Not be limited in its obligations, liabilities or responsibilities or of BBMP and bear any amounts not insured or not recovered from the insurers; j. The proceeds from all insurance claims shall be applied by the Service Provider towards meeting his obligations under the Agreement and any amount not recovered from the insurer shall be borne by the Service Provider; k. All insurance policies supplied by the Service Provider shall include a waiver of any right of subrogation of the insurers thereunder against inter alia, BBMP and of any right of the insurers of any setoff or counter claim or any other deduction, whether by attachment or otherwise, in accordance with the provisions thereof; (k) make adequate provisions for safety respect of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Lawsany liability of any such person insured by such policy; and (l) provide emergency medical aid, as set forth in l. Ensure that the Approved Project Development Plan, Applicable Laws Vehicles utilised for execution of the Assignment are registered with the transport authorities concerned and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Siteensure that taxes are promptly paid.

Appears in 1 contract

Samples: Services Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 3 and keep in force in conformity with the Applicable Laws. (d) Pay pay all taxes including GSTservice tax, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development renovation of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (hg) Provide provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV CC T.V. systems, waste management systems, cleaning systems, systems etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Project Development and Management Agreement

General Obligations. Subject to and on The Concessionaire during the terms and conditions of this Agreement, the Developer Concession Period shall at its own cost and expense during the Agreement Periodexpense: (a) Protect a. Investigate, study, design, operate and maintain the Project Site and Facility in accordance with the Project Facilities from any encroachments provisions hereof; b. Obtain all Applicable Permits as required by or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.Law and be in compliance thereof at all times during the Concession Period; (c) c. Comply with Applicable Law governing the operations of the Project Facility, as the case may be, at all times during the Concession Period; d. Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licensesconcessions, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into theProject; e. Appoint, supervise, monitor and control as necessary, the permits set out in Schedule 4 activities of Contractors under the respective Project Agreements; f. Be responsible for all the health, security, environment and keep in force in conformity safety aspects of the Project Site/Project Facility, as the case may be, at all times during the Concession Period; g. Ensure that the Project Site remains free from all encroachments and take all steps necessary to remove encroachments, if any; h. Upon receipt of a request thereof, provide access to the Project Facility to the authorized representatives of the Authority for the purpose of ascertaining compliance with the Applicable Laws.terms, covenants and conditions of this Agreement and to any Government Agency having jurisdiction over the Project, including those concerned with safety, security or environmental protection to inspect the Project Facility and to investigate any matter within their authority and upon reasonable notice, the Concessionaire shall provide to such persons assistance reasonably required to carry out their respective duties and functions; (d) i. Pay all taxes including GST, property taxes(except house tax), duties (including stamp duties) and outgoings, including utility charges relating to the execution Project Facility, as applicable throughout the Concession Period; j. Provide and maintain all necessary accommodation and welfare facilities for its staff and labour. The Concessionaire shall not permit any of its employees to maintain any temporary or permanent living quarters within the structure forming a part of the Agreement, development of Project Facilities Facility; k. Take precautions to ensure the health and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities safety of its staff employed and labour; l. Take reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst its staffs and labour and to preserve peace and protection of persons and property in relation with the neighborhood of the Project Facilities. The Developer shall indemnify the Authority Facility against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employersuch conduct; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Concessionaire shall at its own cost and expense during the Agreement Periodexpense: (a) Protect the Project Site investigate, study, design, construct/ renovate, operate and maintain the Project Facilities from any encroachments or Encumbrances, or illegal activities.in accordance with the provisions hereof; (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited obtain all Applicable Permits as required by or under the Applicable Laws.Law and be in compliance thereof at all times during the Concession Period; (c) Procure comply with Applicable Law governing the operations of Municipal Solid Waste processing units and engineered sanitary landfills at all times during the Concession Period; (d) ensure and procure that any contract relating to the Project, entered into by the Concessionaire for implementing the Project in accordance with this Agreement contains provisions that would entitle a nominee of CNP to step into such contract/s at CNP's discretion, in place and substitution of the Concessionaire, pursuant to the provisions of this Agreement (e) endeavor to sell or otherwise dispose off, without Landfilling, all recyclables in a manner which is not detrimental to the environment; (f) endeavor to improve the ancillary conditions and infrastructure related to the Project including assistance to informal recycling workers, (g) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project; (dh) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies CNP against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall CNP be treated as employeremployer in this regard; (fi) Ensure make its own arrangements for construction materials and procure its Contractors obtain all Applicable Permits observe and comply with fulfill the environmental and other requirements under the Applicable Law in performance by them of the Developer’s obligations under this Agreementand Applicable Permits; (gj) Pay be responsible for all the health, security, environment and safety aspects of the Project at all times during the Concession Period. (k) ensure that the Project Facilities remain free from all encroachments and take all steps necessary to remove encroachments, if any; (l) upon receipt of a request thereof, afford access to the Project Facilities to the authorised representatives of CNP for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement. (m) pay all Taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject a. The Concessionaire shall observe, undertake, comply with and perform, in addition to and on not in derogation of its obligations elsewhere set out in this Concession, the terms following: Take over the possession of the Project Site from the Authority, provided it is being delivered in accordance with the provisions of Article 4.1 and conditions safeguard and use the Project Site solely for the purpose of discharging its obligations under this Concession Agreement; Obtain any and all permits, necessary approvals, clearances and sanctions from the Competent Authority, for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunications etc, as and when they may be required, for the Concessionaire and its employees to perform their obligations under this Concession Agreement; Comply and observe at all times with all Applicable Permits, approvals and applicable laws, norms/ standards in the performance of its obligations under this Agreement including those being performed by any of its Contractors; Submit, 2 (two) copies each (soft/ hard) of the detailed design, including Architectural Plans, Structural Drawings, all internal and estate services of the Project to the Authority; Make arrangements and procurement of firm commitment for financing the Project and achieve Financial Closure and deliver complete evidence to the Authority that Financial Closure has been accomplished, within a period of 90 days from the date of signing of this Concession Agreement. As and when these documents are approved by the Lenders, with or without modifications, true notarized copies of the Financing Package, Financing Documents & the Financial Model shall be furnished by the Concessionaire to the Authority forthwith. The soft copy of the Financing Package, Financing Documents & the Financial Model shall also be provided. Carry out the Works strictly in accordance with the provisions of this Concession Agreement, the Developer Technical Requirements, Performance Standards, the Project Implementation Schedule and the Schedules of this Concession Agreement, and all works not mentioned in this Concession Agreement but which may be inferred to be necessary for safe, reliable and efficient construction and operation of the Works; Undertake to complete the construction within the specified Construction Period, provided that the Concessionaire shall not be in breach of this Article 8.1(a)(vii) if any non‐fulfillment or the delay in fulfillment of its obligation are caused by (i) the occurrence of an event of Force Majeure or (ii) any other act or omission of the Authority in contravention of its obligations under this Concession; Furnish the Authority with the “As Built Drawings” of the Project within 30 (thirty) days of the completion of the Construction of the Project; Ensure that the commercial area has been constructed at the Project Site as per conceptual plans; Ensure that the Ecotourism & Adventure Park shall be used for the intended purpose only as agreed between the Parties. Shall have the right to sub‐licence the use of commercial area of the Project, during the subsistence of this Concession Agreement only with a clear stipulation that sub‐licence granted shall terminate simultaneously with the termination of this Concession Agreement including any sooner determination of the Concession Period for any reason whatsoever. All contracts, agreements or arrangements with sub‐licensees shall specifically stipulate this covenant of termination of the sub‐ licence rights and further that the sub‐ licencee shall not have any claim whatsoever against the Authority for any such termination. The Concessionaire shall prepare a draft standard format of the sublicence arrangement/ agreement which the Concessionaire will be required to sign with the sub‐licencee for the use of the commercial area of the Project. The Concessionaire shall furnish the draft of such agreement/ arrangement to Authority for its approval. The Authority shall be entitled to incorporate such clauses as Authority may consider appropriate to protect Authority’s interest. The Concessionaire shall enter into sub‐licence arrangements as per the standard format with the covenants stipulated by the Authority with Authority as the Confirming Party to the same and the Concessionaire shall not incorporate or bring change in any clause in the arrangement/agreement that would have adverse effect on the covenants incorporated by the Authority. In case of any deviation from the above mentioned standard draft of the agreement in any particular circumstances, which supersedes or adversely effects Authority’s terms and covenants, the prior written consent of Authority shall be taken before entering into any such agreement with sub‐licencees. Ensure that the sub‐licence agreement/arrangement shall be maximum for a period of 3 years at a time. Pursuant to the expiry of 3 years, the sub‐licence agreement may be renewed. Shall ensure that the use of the Project Site is restricted to the Article 2 (Scope of Work). Carry out its obligations/duties with regard to the operation and maintenance of the Project in accordance with the Schedules to this Concession Agreement. The obligations shall include all work which is necessary to satisfy the Schedules, Technical Requirements and Performance Standards or is implied by this Concession Agreement, or arises from any obligation of the Concessionaire, and all duties not mentioned in this Concession Agreement, but which may be inferred to be necessary for the safe, reliable and efficient operation of the Project; Operate and maintain the Project and all its components, including maintaining necessary records, for the periods stipulated herein after, as per the Technical Requirements and Performance Standards set out, and shall remedy any defects within the Concession Period. The Concessionaire shall provide all superintendence, labour, plant, materials, equipment, and all such other things for such operation (including fee collection) and maintenance (including remedying of defects). Be responsible from the date of issue of “Notice to Commence” for all liabilities arising out of construction, design, operation and maintenance of the Project. Take full responsibility for the adequacy, stability and safety of all Project Site operations, of all methods of construction, operation and maintenance of the Project, irrespective of any approval or consent by Authority. Submit to the Authority certified true copies of each of the Project Agreements and any further replacement, amendment or modifications within 7 (seven) days of their execution. To be responsible for safety, soundness and durability of the Project, including other structures, services forming part thereof and their compliance with the local building byelaws. To ensure that no structural damage is caused to the existing building(s) and other permanent structures at the Project Site as a result of Concessionaire’s activities or any of its agents, contractors, tenants etc. Submit “Structural Safety Certificate” of the proposed Ecotourism & Adventure Park from competent structural engineer before the commencement of commercial activities. The Concessionaire shall ensure that the certificate is also counter certified/ signed by the Independent Engineer. To pay at its own cost all applicable existing and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits future taxes/ charges/ fees/ levies including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including services tax, stamp duties) duty, registration charges and outgoingsany other legal documentation charges, utility charges relating to the execution if any, in respect of the Agreementsaid Ecotourism & Adventure Park, development including Project Site, as leviable. To duly supervise, monitor and control the activities of Contractors, subcontractors, their employees and agents under their respective Project Facilities and operation & management thereof. (e) Make efforts to maintain Agreements as may be necessary. To ensure harmony and good industrial relations among amongst the personnel employed in connection with the performance of the Concessionaire’s obligations under this Agreement. To obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice. To take all reasonable precautions for the prevention of accidents on or about the Ecotourism & Adventure Park/Project Site and provide all reasonable assistance and emergency medical aid to accident victims. Not to permit any contractor, sub‐contractors or other person, claiming through or under the Concessionaire, to create or place any Encumbrances or security interest over all or any part of Project Site or the Project Assets or on any rights of the Concessionaire therein or under this Agreement, save and except as expressly permitted in this Agreement. To ensure that such Project Site remains free from all encumbrances, encroachments and trespass during the entire Concession Period. To provide all assistance to the Independent Engineer/ expert/ independent auditor/ arbitrator as it may require for the performance of their duties and services. At all times, to afford access to the Project Site to the authorized representatives of Authority, Lenders, other persons duly authorized by any Governmental Agency having jurisdiction over the Project, to inspect the Ecotourism & Adventure Park and to investigate any matter within their authority and upon reasonable notice. To remain solely and primarily responsible to Authority for observance of all the provisions of this Concession Agreement on behalf of the Concessionaire, its employees and representatives and further on behalf of the sub‐ licencees, their employees and agents and any person acting under or for and on behalf of the Concessionaire or the sub‐licencees, the sub‐contractor as fully as if they were the acts or defaults of the Concessionaire, its agents or employees. To remain liable for and to indemnify, protect, defend and hold harmless Authority, Authority’s officers, employees and agents from and against any and all demands, claims, suits and causes of action and any and all liability, costs, expenses, settlements and judgments arising out of the failure of the Concessionaire to discharge its obligations under this Article and to comply with the provisions of Applicable Laws and Applicable Permits. To acknowledge and recognize that time is of the essence of this Agreement and that the performance of its obligations shall be construed accordingly. To remain at all times, responsible and liable for all its obligations under this Agreement notwithstanding anything contained in any other agreement, and no default under any agreement shall be excuse the Concessionaire from its obligations or liability hereunder. The Concessionaire may undertake development of Project by itself or through one or more contractors possessing requisite technical, financial and managerial expertise/capability; but in either case, the Concessionaire shall remain solely responsible for compliance with all labour laws and all possible claims and employment related liabilities to meet the scope of its staff employed work as mentioned in relation with the Project Facilitiesthis Agreement. The Developer Concessionaire shall indemnify the Authority against any claims, damages, expenses or losses in this regard make timely and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them due payment of the Developer’s obligations under this Agreement; (g) Pay ACF at all utility charges (including electricity consumption and water supply charges) relating to time during the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any Concession period. The Concessionaire shall timely furnish the Performance Security/O&M Security as per the terms of the provisions of this Concession Agreement; (j) transfer . The Concessionaire shall timely make good the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth shortfall in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project SitePerformance Security/O&M Security.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The licensee shall at its own cost and expense during the Agreement Periodexpense: (a) Protect the Project Site investigate, study, operate and maintain the Project Facilities from any encroachments or Encumbrances, or illegal activities.in accordance with the provisions hereof; (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited obtain all Applicable Permits as required by or under the Applicable Laws.Law and be in compliance thereof at all times during the Licence Period; (c) Procure Comply with Applicable Law governing the operations of Xxxxxxxxx House at all times during the Licence Period; (d) ensure and procure that any contract relating to the project, entered into by the licensee for operation and maintenance of the Project in accordance with this Agreement contains provisions that would entitle the nominee of EDMC to step into such contract/s at EDMC’s discretion, in place and substitution of the licensee. (e) endeavour to sell or otherwise dispose off, all recyclables in a manner which is not detrimental to the environment; (f) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project; (dg) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies EDMC against any claims, damages, expenses or losses in this regard and this in o case and shall for no case the Authority purpose shall EDMC be treated as employeremployer in this regard; (fh) Ensure make its own arrangements for operation &maintenance materials and procure its Contractors obtain all Applicable Permits observe and comply with fulfil the environmental and other requirements under the Applicable Law in performance by them of the Developer’s obligations under this Agreementand Applicable Permits; (gi) Pay be responsible for all the health, security, environment and safety aspects of the Project at all times during the Licence Period. (j) ensure that the Project Facilities remain free from all encroachments and take all steps necessary to remove encroachments, if any with the support/assistance from EDMC. (k) upon receipt of a request thereof, afford access to the Project Facilities to the authorised representatives of EDMC for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement. (l) pay all Taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Licence Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Concessionaire shall at its own cost and expense during the Agreement Period: (a) Protect the Project Site expense: investigate, study, design, construct/ renovate, operate and maintain the Project Facilities from any encroachments in accordance with the provisions hereof; obtain all Applicable Permits as required by or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure Law and be in compliance thereof at all times during the Concession Period; comply with Applicable Law governing the operations of Municipal Solid Waste processing units and engineered sanitary landfills at all times during the Concession Period; ensure and procure that any contract relating to the Project, entered into by the Concessionaire for implementing the Project in accordance with this Agreement contains provisions that would entitle Lenders or a nominee of MCD to step into such contract/s at MCD's discretion, in place and substitution of the Concessionaire, pursuant to the provisions of this Agreement or the Substitution Agreement endeavour to sell or otherwise dispose off, without Landfilling, all recyclables in a manner which is not detrimental to the environment; endeavour to improve the ancillary conditions and infrastructure related to the Project including assistance to informal recycling workers, procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make Project; make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies MCD against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall MCD be treated as employer; (f) Ensure employer in this regard; make its own arrangements for construction materials and procure its Contractors obtain all Applicable Permits observe and comply with fulfil the environmental and other requirements under the Applicable Law in performance by them and Applicable Permits; be responsible for all the health, security, environment and safety aspects of the Developer’s obligations under Project at all times during the Concession Period. ensure that the Project Facilities remain free from all encroachments and take all steps necessary to remove encroachments, if any; upon receipt of a request thereof, afford access to the Project Facilities to the authorised representatives of MCD for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (g) Pay . pay all Taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Concessionaire shall at its own cost and expense during the Agreement Periodexpense: (a) Protect the Project Site investigate, study, design, construct/ renovate, operate and maintain the Project Facilities from any encroachments or Encumbrances, or illegal activities.in accordance with the provisions hereof; (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited obtain all Applicable Permits as required by or under the Applicable Laws.Law and be in compliance thereof at all times during the Concession Period; (c) Procure comply with Applicable Law governing the operations of Municipal Solid Waste processing units and engineered sanitary landfills at all times during the Concession Period; (d) ensure and procure that any contract relating to the Project, entered into by the Concessionaire for implementing the Project in accordance with this Agreement contains provisions that would entitle Lenders or a nominee of MCD to step into such contract/s at MCD's discretion, in place and substitution of the Concessionaire, pursuant to the provisions of this Agreement or the Substitution Agreement (e) endeavour to sell or otherwise dispose off, without Landfilling, all recyclables in a manner which is not detrimental to the environment; (f) endeavour to improve the ancillary conditions and infrastructure related to the Project including assistance to informal recycling workers, (g) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project; (dh) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies MCD against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall MCD be treated as employeremployer in this regard; (fi) Ensure make its own arrangements for construction materials and procure its Contractors obtain all Applicable Permits observe and comply with fulfil the environmental and other requirements under the Applicable Law in performance by them of the Developer’s obligations under this Agreementand Applicable Permits; (gj) Pay be responsible for all the health, security, environment and safety aspects of the Project at all times during the Concession Period. (k) ensure that the Project Facilities remain free from all encroachments and take all steps necessary to remove encroachments, if any; (l) upon receipt of a request thereof, afford access to the Project Facilities to the authorised representatives of MCD for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement. (m) pay all Taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to The Local Maintaining Agency, and, in part, as provided in Subsection 3 and on the terms and conditions of this Agreement4, below, the Developer shall at its own cost and expense during Funding Recipient agree to the Agreement Periodfollowing: (a) Protect 1. To cause to perform OMRR&R for the Project Site and the Project Facilities from any encroachments or EncumbrancesProject, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreementwithout limitation, in accordance with the provisions thereof; (k) make adequate provisions for safety Project design specifications, environmental permits, environmental impact reports, regulations, and directions prescribed by the State, all without any cost to the State. The duties of the users Local Maintaining Agency to perform OMRR&R for all State Plan of Flood Control Project features shall be performed in a manner that does not diminish the flood protection afforded by or jeopardize the structural integrity of the Project and the flood control system of which the Project is part. The duties of the Local Maintaining Agency pursuant to this paragraph are described further in Section I-B below. 2. To defend, indemnify, hold and save the Federal Government and the State, to the extent allowed by law, their representatives, officers, directors, agents, and employees, including their attorneys free and harmless, to the extent permitted by law, from any and all liability for emergency evacuation any claims and damages (including inverse condemnation) that may arise out of this OMRR&R Agreement, including but not limited to any claims or damages arising from the construction and performance of OMRR&R under this Agreement. 3. The Funding Recipient agrees to defend, indemnify, hold and save the Federal Government and the State, to the extent allowed by law, their representatives, officers, directors, agents, and employees, including their attorneys free and harmless, to the extent permitted by law, from any and all liability for any claims and damages (including inverse condemnation) that may arise out of construction of the Project, and to assume responsibility for OMRR&R if for any reason the Local Maintaining Agency fails to perform under this Agreement. 4. The Funding Recipient agrees to cause to perform OMRR&R of all mitigation features of the Project, without limitation, in accordance with the Approved Project Development Plan environmental permits, environmental impact reports, and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Siteregulations.

Appears in 1 contract

Samples: Omrr&r Agreement

General Obligations. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Developer shall Concessionaire shall, at its own cost and expense during expense, procure finance for and undertake the Agreement Period: (a) Protect design, engineering, procurement, up-gradation, construction, operation and maintenance of the Project Site and the Project Facilities from any encroachments or Encumbrancesobserve, or illegal activities. (b) Ensure that the Project Site fulfil, comply with and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits perform all its obligations set out in Schedule 4 this Agreement or arising hereunder. 5.1.2 Subject to the provisions of Articles 5.1.1, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.3 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 all Applicable Permits 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 Project; c) Perform and fulfil its obligations under the Financing Agreements; d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) 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 and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employerAgreement; (fe) Ensure and procure that its Contractors obtain comply with all Applicable Permits and comply with Applicable Law Laws in the performance by them of any of the Developer’s Concessionaire's obligations under this Agreement; f) Procure and comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement. It is explicitly clarified that the Concessionaire shall be expected to comply with all the Applicable Laws, including any modifications to such Applicable Laws, during the Concession Period, without the Authority being liable or accountable for such changes. g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not Not do or omit to do any act, deed or thing which may in any manner be violative of violate any of the provisions of this Agreement; (jh) Ensure that all the facilities and amenities within the Project are operated and maintained in accordance with Good Industry Practice and Schedule10; and i) transfer the Project Site and Project Facilities to the Authority upon Termination expiry or termination of this Agreement, in accordance with the provisions thereof; (kj) make adequate provisions Take all reasonable precautions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims prevention of accidents on or about the Site and the Project SiteFacilities and provide all reasonable assistance and emergency medical aid to accident victims; k) Make its own arrangements for quarrying, if necessary, and observe and fulfil the environmental and other requirements under the Applicable Laws / Applicable Permits; l) Be responsible for safety, soundness and durability of the Project Facilities including all structures forming part thereof and their compliance with the Specifications and Standards.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject (a) The Licensor shall in the discharge of its obligations under this Agreement, including any of its Development Obligations, comply with all requirements and obligation set forth in this Agreement, applicable Law and Wind Industry Standards, and shall discharge its obligations and undertake design and development of the T8x, and assist, to the extent set forth in Sub-section 4.1.2(a), in the construction of the Manufacturing Facility in a manner that ensures that the Licensed Products and on the terms and conditions Manufacturing Facility are not less than fully fit for the intended purposes of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that The Licensor shall provide adequate manpower and resources to undertake necessary improvements in the Project Site Licensed Products in terms of this Agreement, and transfer technology, including Licensed Know-How related to such improvements to the Project Facilities is not used for any activities which are prohibited under Licensee, in accordance with the Applicable Lawsterms of this Agreement. (c) Procure The Licensor shall at all times, obtain and maintain all applicable permits which are required by Law to discharge its obligations hereunder. (d) The Licensor shall request from Licensee all information required for design and development of the T8x and the manufacturing of the Prototype, including any specific requirements for compliance with applicable Law, which the Licensee shall provide. (e) In relation to all Intellectual Property Licensed under this Agreement, the Licensor shall seek to obtain and maintain such registrations under Law in full force relevant jurisdictions as may be commercially reasonable, in its sole discretion. Subject to this Agreement, the Licensor shall ensure that it has, at all time, good, valid, unencumbered and effectmarketable right and title to the Intellectual Property Licensed under this Agreement. Further the Licensor shall, as necessarymay be reasonably required, maintain all Intellectual Property that is Licensed under this Agreement free from all encumbrances for the Term. It is agreed that the Licensor may create a charge over Intellectual Property Licensed under this Agreement in favour of a bank as security for financing from such bank; provided that such Intellectual Property is not the majority of the assets given as security to the bank and the right of the Licensee to utilize the Intellectual Property for the Licensed Products under this Agreement shall not be materially adversely impaired. (f) The Licensor shall procure that the author of any Intellectual Property Licensed under this Agreement, waives any moral rights, or rights similar to moral rights that the or she may have under Law, in any relevant jurisdiction. (g) The Licensor shall procure, as required, the appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for any Intellectual Property not owned by the permits set out Licensor, but utilized by Licensor in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution design of the Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among Licensed Products or incorporated into the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project FacilitiesLicensed Know-How. (h) Provide adequate lighting The Licensor shall make necessary payments on a timely basis for expenses for approval and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etccertification as detailed in Annex 10. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Product Design and License Agreement (A-Power Energy Generation Systems, Ltd.)

General Obligations. Subject 8.1.1 The Concessionaire shall observe, undertake, comply with and perform the following obligations, in addition to and not in derogation of its obligations elsewhere set out in this Concession: i take over the possession of the Project Site from the Authority, provided it is being delivered in accordance with the provisions of Article 4.1 and safeguard and use the Project Site solely for the purpose of discharging its obligations under this Concession Agreement; ii obtain any and all permits, necessary approvals, clearances and sanctions from the Competent Authority, for infrastructure facilities including power, water supply, drainage & sewerage, firefighting, telecommunications etc., as and when they may be required, for the Concessionaire and its employees to perform their obligations under this Concession Agreement; iii comply and observe at all times with all Applicable Permits, approvals and applicable laws, norms/ standards in the performance of its obligations under this Agreement including those being performed by any of its Subcontractors; iv make arrangements and procurement of firm commitment for financing the Project and achieve Financial Close and deliver complete evidence to the Authority that Financial Close has been accomplished, within a period of 90 (ninety) days from the Agreement Date; v carry out the Works strictly in accordance with the provisions of this Concession Agreement, the Technical Requirements, Performance Standards, the Project Implementation Schedule and the Schedules of this Concession Agreement, and all works not mentioned in this Concession Agreement but which may be inferred to be necessary for safe, reliable and efficient completion and operation of the project; vi undertake to complete the development within the specified Completion Period, provided that the Concessionaire shall not be in breach of this concession agreement if any such non-fulfillment or the delay of its obligation are caused by: (i) the occurrence of an event of Force Majeure or (ii) any other act or omission of the Authority in contravention of its obligations under this Agreement; vii obtain for the Heritage Hotel accreditation from the concerned accreditation agency in terms of the MoT Guidelines attached in the Annexure of this document, within 3 (three) months from the date of issuance of the Completion Certificate or Provisional Certificate whichever is earlier; viii ensure that the Project Facilities shall be used for the intended purpose only as agreed between the Parties; ix shall have the right to sub-license the use of designated area (Concessionaire’s Area) of the Project, during the subsistence of this Concession Agreement only with a clear stipulation that sub-license granted shall terminate simultaneously with the termination of this Concession Agreement including any sooner determination of the Concession Period for any reason whatsoever. All contracts, agreements or arrangements with sub-licensees shall specifically stipulate this covenant of termination of the sub-license rights and further that the sub-licensee shall not have any claim whatsoever against the Authority for any such termination. The Concessionaire shall prepare a draft standard format of the sub- license arrangement which the Concessionaire will be required to sign with the sub-licensee for the use of the designated area of the Project. The Concessionaire shall furnish the draft of such agreement/ arrangement to Authority for its approval. The Authority shall be entitled to incorporate such clauses as Authority may consider appropriate to protect Authority’s interest. The Concessionaire shall enter into sub-license arrangements with the Authority as per the standard format with the covenants stipulated by the Authority as the confirming party to the same and the Concessionaire shall not incorporate or bring change in any clause in the arrangement/agreement that would have adverse effect on the covenants incorporated by the Authority. In case of any deviation from the above mentioned standard draft of the Agreement in any particular circumstances, which supersedes or adversely effects Authority’s terms and conditions covenants, prior written consent of the Authority shall be taken before entering into any such agreement with sub-licensees; x ensure that the use of the Project Site is restricted to the Article 2 and Schedule III of this Agreement. xi carry out its obligations/duties with regard to the Development and O&M of the Project in accordance with the Schedules to this Concession Agreement. The obligations shall include all work which is necessary to satisfy the Schedules, Technical Requirements and Performance Standards or is implied by this Concession Agreement, or arises from any obligation of the Developer Concessionaire, and all duties not mentioned in this Concession Agreement, but which may be inferred to be necessary for the safe, reliable and efficient operation of the Project; xii operate and maintain the Project and all its components, including maintaining necessary records, for the periods stipulated herein after, as per the Technical Requirements and Performance Standards set out, and shall remedy any defects during the Concession Period. The Concessionaire shall provide all superintendence, labour, plant, materials, equipment, and all such other things for such operation and maintenance (including remedying of defects); xiii be responsible from the date of issuance of the Certificate of Compliance for all liabilities arising out of Development, Operation & Maintenance of the Project; xiv take full responsibility for the adequacy, stability and safety of all Project Site operations, of all methods, operation and maintenance of the Project, irrespective of any approval or consent by the Authority; xv submit to the Authority certified true copies of each of the Project Agreements and any further replacement, amendment or modifications within 7 (seven) days of their execution; xvii ensure that no structural damage is caused to the existing building(s) and other permanent structures at the Project Site as a result of Concessionaire’s activities or any of its agents, contractors, tenants etc.; xviii pay at its own cost all applicable existing and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits future taxes/ charges/ fees/ levies including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (services tax, stamp duty, registration charges and any other legal documentation charges, if any, in respect of Hotel including stamp duties) Project Site, as leviable; xix duly supervise, monitor and outgoingscontrol the activities of Contractors, utility charges relating to the execution of the Agreementsubcontractors, development of their employees and agents under their respective Project Facilities and operation & management thereof. (e) Make efforts to maintain Agreements as may be necessary; xx ensure harmony and good industrial relations among amongst the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the DeveloperConcessionaire’s obligations under this Agreement; (g) Pay ; xxi obtain and maintain in force all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, insurance in accordance with the provisions thereof; (k) make adequate provisions of this Agreement and Good Industry Practice; xxii take all reasonable precautions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims prevention of accidents on or about the Hotel/Project Site and provide all reasonable assistance and emergency medical aid to accident victims; xxiii not to permit any contractor, sub-contractors or other person, claiming through or under the Concessionaire, to create or place any Encumbrances or security interest (the “Security Interest”) over all or any part of Project Site or the Project Site.Assets (the “Project Assets”) or on any rights of the Concessionaire therein or under this Agreement, save and except as expressly permitted in this Agreement; xxiv ensure that such Project Site remains free from all Encumbrances, encroachments and trespass during the entire Concession Period; xxv provide all assistance to the Independent Expert/ independent auditor/ arbitrator as it may require for the performance of their duties and services; xxvi at all times, to afford access to the Project Site to the authorized representatives of Authority, Lenders, other persons duly authorized by any governmental agency having jurisdiction over the Project, to inspect the Hotel and to investigate any matter within their authority and upon reasonable notice; xxvii remain solely and primarily responsible to Authority for observance of all the provisions of this Concession Agreement on behalf of the Concessionaire, its employees and representatives and further on behalf of the sub- licensees, their employees and agents and any person acting under or for and on behalf of the Concessionaire or the sub-licensees, the sub-contractor as fully as if they were the acts or defaults of the Concessionaire, its agents or employees; xxviii remain liable for and to indemnify, protect, defend and hold harmless Authority, Authority’s officers, employees and agents from and against any and all demands, claims, suits and causes of action and any and all liability, costs, expenses, settlements and judgments arising out of the failure of the Concessionaire to discharge its obligations under this Article 8.1 and to comply with the provisions of Applicable Laws;

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this AgreementLease Deed, the Developer shall Lesseeshall at its own cost and expense during the Agreement Lease Period: (a) Ensure proper storage, operation & management of the Project in accordance with the provisions of this Lease Deed. (b) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (bc) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (cd) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements agreements,permissions for materials, methods, processes and systems used or incorporated into the Project and Project Facilities, Applicable Permits including the permits set out in Schedule 4 and Permitsand keep in force in conformity with the Applicable Laws. (de) Pay all taxes including GST, property tax, ,duties (including stamp duties) and outgoings, utility charges relating to the execution of the AgreementLease Deed, development of modification/expansionof Project Facilities and operation & management thereofandoperation &managementthereof. (ef) Make Pay the registration charges and stamp duty in respect of this Lease Deed. (g) make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement Lease Deed and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project FacilitiesProjectFacilities. The Developer shall Lesseeshall indemnify the Authority against Lessoragainst any claims, damages, expenses or losses in this regard and in no case the Authority shall Lessorshall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this AgreementLease Deed. (i) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Lessee’s obligations under this Xxxxx Xxxx; (j) transfer Pay all outgoing charges, statutory deposits, taxes, duties (including stamp duties), fees, rates and other user charges (any other dues assessment or outgoings payable in respect of operation &maintenanceof the Project Site and Project Facilities to Authority upon Termination Facilities) or in respect of this Agreementmaterials stored there in which may be levied by a Government Instrumentalities, in accordance with the provisions thereof;wherever applicable. (k) make adequate provisions All license fees, renewal of all licenses, inspection fees and weights, stamping fees and all other fees whichever are required for safety of operating the users Project and for emergency evacuation in accordance with Project Facilities from Execution Date shall be borne by the Approved Project Development Plan and the Applicable Laws; andLessee. (l) provide emergency medical aid, as set forth in The Lessee shall pay the Approved Project Development Plan, Applicable Laws electricity and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services water charges consumed for victims the purpose of accidents on operating the Project Siteand the Project Facilities during the Lease Period directly to the Electricity Board and the Water Board on or before the due date. A copy of the receipt of payment should be furnished to the Lessor. All the dues before the commencement of the Lease Period shall be paid by the Lessor to the concerned Department. (m) In case of requirement of higher capacity electricity connection, the Lessee shall submit a request for consideration to the Lessor to obtain such connection. On approval of such request by the Lessor, the Lessee shall pay to the Lessor the required security deposit as per prevailing norms of the escom to obtain such connection. Such security deposit paid by the Lessee shall be returned by the Lessor within 180 days from the Expiry Date.

Appears in 1 contract

Samples: Lease Deed

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect Applicability of these Data Protection Terms. These Data Protection Terms apply only when, and to the Project Site and extent that, Customer Personal Data is subject to Applicable Data Protection Laws in the Project Facilities from any encroachments or Encumbrances, or illegal activitiescontext of the Services. (b) Ensure Customer shall: (i) ensure that all necessary consents (if any) are obtained and all necessary notices and/or consent withdrawal mechanisms (if any) are provided (whether by applicable publishers, industry initiatives, Customer, or otherwise) so as to enable Publica to obtain and process Customer Personal Data lawfully in accordance with Applicable Data Protection Laws in providing the Project Site and Services. (ii) ensure that content (if any) containing Publica tags or pixels displays a link to an appropriate privacy notice that explains the Project Facilities is not used processing described in the Agreement, including any transfer of Customer Personal Data to Publica, in a manner which complies with Applicable Data Protection Laws. Publica will provide Customer with such information as the Customer may reasonably request in order to comply with this obligation. (iii) ensure that Customer relies on a valid legal basis for any activities which are prohibited under the processing, including sharing, Customer Personal Data with Publica, when required by Applicable Data Protection Laws. (c) Procure Each Party shall: Publica LLC - CONFIDENTIAL (i) comply with its obligations under Applicable Data Protection Laws and maintain shall not take any action or make any omission which might be reasonably likely to put the other Party in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and breach of Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Data Protection Laws. (dii) Pay all taxes including GST, property tax, duties (including stamp duties) put in place industry-standard technical and outgoings, utility charges relating organizational measures to ensure a level of security for Personal Data appropriate to the execution risks of the Agreementprocessing, development including to protect against unauthorized or unlawful processing and accidental loss, destruction, or damage. Publica shall ensure that at least those measures identified in Annex II of Project Facilities and operation & management thereofSchedule 2 are maintained. (eiii) Make efforts when required by Applicable Data Protection Laws, timely notify the other Party after becoming aware of a security breach, unauthorized access, misappropriation, loss, damage, or other compromise of the security, confidentiality, or integrity of Customer Personal Data (“Security Breach”), in which case the Party that has suffered the Security Breach shall provide reasonable assistance in relation to maintain harmony remediating the Security Breach and good industrial relations among the personnel employed in connection complying with the performance of its related obligations under this Agreement and shall be solely responsible for Applicable Data Protection Laws. (iv) when required by Applicable Data Protection Laws, provide reasonable assistance to another Party in the event of any complaint, request, or communication from a Regulator or Data Subject alleging non-compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses Applicable Data Protection Laws or losses in this regard and in no case the Authority shall be treated these Data Protection Terms as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them a result of the Developer’s obligations processing carried out under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (hv) Provide adequate lighting and ventilations deviceswhen required by Applicable Data Protection Laws, rain water harvesting, utilization of waste water, landscaping, appropriate security systemsprovide reasonable assistance requested by another Party in relation to compliance with any obligations under Applicable Data Protection Laws, including provision providing any additional disclosures and enabling any additional Data Subject controls that the Parties agree are necessary pursuant to Applicable Data Protection Laws for fitting CCTV systems, waste management systems, cleaning systems, etcthe processing or collection of Customer Personal Data through Publica tags or pixels. No Party will unreasonably withhold or delay its agreement to any proposal in this regard. (ivi) not do agree and warrant to work together in good faith to amend these Data Protection Terms to address compliance with any new, updated, or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the otherwise amended Applicable Data Protection Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Data Protection Terms

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General Obligations. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Developer shall Concessionaire shall, at its own cost and expense during expense, procure finance for and undertake the Agreement Period: (a) Protect design, engineering, procurement, up-gradation, construction, operation and maintenance of the Project Site and the Project Facilities from any encroachments or Encumbrancesobserve, or illegal activities. (b) Ensure that the Project Site fulfill, comply with and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits perform all its obligations set out in Schedule 4 this Agreement or arising hereunder. 5.1.2 Subject to the provisions of Articles 5.1.1, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.3 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 all Applicable Permits 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 Project; c) perform and fulfil its obligations under the Financing Agreements; d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make 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 and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employerAgreement; (fe) Ensure ensure and procure that its Contractors obtain comply with all Applicable Permits and comply with Applicable Law Laws in the performance by them of any of the Developer’s Concessionaire's obligations under this Agreement; (gf) Pay procure and comply with all utility charges Applicable Laws and Applicable Permits (including electricity consumption and water supply chargesrenewals as required) relating in the performance of its obligations under this Agreement. It is explicitly clarified that the Concessionaire shall be expected to comply with all the Project FacilitiesApplicable Laws, including any modifications to such Applicable Laws, during the Concession Period, without the Authority being liable or accountable for such changes. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (ig) not do or omit to do any act, deed or thing which may in any manner be violative of violate any of the provisions of this Agreement; (jh) ensure that all the facilities and amenities within the Project are operated and maintained in accordance with Good Industry Practice and Schedule10; and i) transfer the Project Site and Project Facilities to the Authority upon Termination expiry or termination of this Agreement, in accordance with the provisions thereof; (j) take all reasonable precautions for the prevention of accidents on or about the Site and the Project Facilities and provide all reasonable assistance and emergency medical aid to accident victims; k) make adequate provisions its own arrangements for safety of quarrying, if necessary, and observe and fulfil the users environmental and for emergency evacuation in accordance with other requirements under the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up ; l) be responsible for safety, soundness and operate and maintain a medical aid post and ambulance services for victims durability of accidents on the Project SiteFacilities including all structures forming part thereof and their compliance with the Specifications and Standards.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Operator shall at its own cost and expense during the Agreement Periodexpense: (a) Protect the Project Site investigate, study, operate and maintain the Project Facilities from any encroachments or Encumbrances, or illegal activities.in accordance with the provisions hereof; (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited obtain all Applicable Permits as required by or under the Applicable Laws.Law and be in compliance thereof at all times during the Project Period; (c) Procure comply with Applicable Law governing the operations of the Project Facilities, as the case may be, at all times during the Project Period; d) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project; (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour labor laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies Brajrajnagar Municipality against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall Brajrajnagar Municipality be treated as employeremployer in this regard; (f) Ensure be responsible for all the health, security, environment and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them safety aspects of the Developer’s obligations under this AgreementProject Facilities, as the case may be, at all times during the Project Period; (g) ensure that the Secondary Collection Points and Workshops remains free from all encroachments and take all steps necessary to remove encroachments, if any; h) upon receipt of a request thereof, afford access to the Project Facilities to the authorized representatives of Brajrajnagar Municipality for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement and to any Government Agency having jurisdiction over the Project, including those concerned with safety, security or environmental protection to inspect the Project Facilities and to investigate any matter within their authority and upon reasonable notice, the Operator shall provide to such persons assistance reasonably required to carry out their respective duties and functions. i) Pay all taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities, as applicable throughout the Project Period except Property Tax on Secondary Collection points, workshops and Parking sites which shall be borne by the Brajrajnagar Municipality. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer Keep in the Project Site and Project Facilities to Authority upon Termination registered office of Operator two complete sets of this Agreement, in accordance with approvals given by the Brajrajnagar Municipality / Project monitoring cell and any other communication given or issued under provisions thereof;hereof for inspection, verification and use by the Brajrajnagar Municipality / project monitoring cell or any authority authorized by law to inspect the same or any of them. (k) make adequate provisions Provide and maintain all necessary welfare/Safety/sanitation facilities for safety its staff and labor. The Operator shall not permit any of its employees to maintain any temporary or permanent living quarters within the structures forming a part of the users Secondary Collection points, Workshops and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; andParking lots. (l) provide emergency medical aidTake reasonable precautions to prevent any unlawful, as set forth riotous or disorderly conduct by or amongst its staff and labor and to preserve peace and protection of persons and property in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Siteneighborhood.

Appears in 1 contract

Samples: Operation & Management Contract

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Project Company shall at its own cost and expense during the Agreement Periodexpense: (a) Protect Prepare the Detailed Project Report (DPR) covering the technical, financial, institutional and O&M aspects of the Project Site and based on the Project Facilities from any encroachments or Encumbrances, or illegal activities.contours provided in the RFP; (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Obtain all Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Laws and be in compliance thereof at all times; (c) Finance, construct, install, operate and maintain the Project/Project Facilities, procure necessary machinery, equipment and trained man power in accordance with the Project Requirements; (d) Pay all taxes Recruit suitable functional professionals including GST, property tax, duties (including stamp duties) technical staff in order to ensure that the Project is executed smoothly and outgoings, utility charges relating operated efficiently to the execution of the Agreement, development of Project Facilities provide state-of-the-art tooling and operation & management thereof.training services based on global benchmarks; (e) Make efforts Ensure that the Grant Support is utilized only for the purposes as laid down in the Schedule C; (f) Furnish periodic progress reports (the “Progress Report”) on quarterly basis to maintain Authority / PMC / Independent Engineer, in the prescribed formats; (g) Maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting Make its own arrangements for construction materials and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc.observe and fulfil the environmental and other requirements under the Applicable Laws and Applicable Permits; (i) not do or omit to do any actBe responsible for quality, deed or thing which may in any manner be violative of any of soundness, durability, safety and the provisions of this Agreementoverall Project Requirements; (j) transfer Afford access to the Project Site and Project Facilities to Authority the authorised representatives of GOI, Independent Engineer, Transaction Advisor, and any Government Agency having jurisdiction over the Project, including those concerned with safety, security or environmental protection to inspect the Project and to investigate any matter within their authority and upon Termination of this Agreementreasonable notice, the Project Company shall provide to such persons assistance reasonably required to carry out their respective duties and functions. (k) Make available the tooling facility to MSMEs in accordance with the provisions thereofof Schedule E and submit a report annually to PMC / Independent Engineer on MSMEs serviced; (kl) make adequate provisions for safety of the users and for emergency evacuation Provide training facility related to tooling in accordance with the Approved provisions of Schedule E and submit a report annually to PMC / Independent Engineer on number of persons trained; (m) Levy, demand, collect and appropriate market driven charges from the users of the Project Development Plan and Facilities; (n) Hire technical consultants as may be required for the Applicable Lawspurposes of implementation of the Project; and (lo) provide emergency medical aidPerform all the obligations undertaken pursuant to this Agreement with the Authority. 8.6.1 The Project Company shall not abandon the operations of the Project, nor transfer assets as set forth specified in the Approved Project Development PlanSchedule C of this Agreement, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims without prior written consent of accidents on the Project Site.GOI;

Appears in 1 contract

Samples: Public Private Partnership Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Provider must: (a) Protect acquire and maintain all Authorisations necessary for the Project Site and provision of the Project Facilities from any encroachments or Encumbrances, or illegal activities.Ancillary Services; (b) Ensure that comply with all applicable Laws relating to the Project Site and provision of the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.Ancillary Services; (c) Procure procure that each of its Personnel entering the Licensed Area, each time they enter the Licensed Area, present a valid VPCM Station Pier access card or have their details entered into the VPCM Pier Access Management System and maintain in full force and effectpresent an original copy of a government issued photo identification document (for example, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.a driver's licence or passport); (d) Pay comply with all taxes including GST, property tax, duties of VPCM Policies and Procedures (including stamp duties) and outgoings, utility charges relating as are applicable to the execution of the Agreement, development of Project Facilities and operation & management thereof.Ancillary Services); (e) Make efforts to maintain harmony comply with VPCM's Safety and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employerEnvironment Management Plan; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance any other documentation reasonably required by them of the Developer’s obligations under this AgreementVPCM; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to only use the Project Facilities.Licensed Area designated by VPCM for use by the Provider; (h) Provide adequate lighting pay all stamp duty, taxes (including GST) and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc.any other governmental or statutory charges payable or assessed on this Licence Agreement and any other related documentation; (i) not do or omit to do any act, deed or thing which may ensure that all Equipment is in any manner be violative good order and a proper state of any of the provisions of this Agreementrepair; (j) transfer the Project Site ensure that Equipment is only operated by properly qualified and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereoflicensed persons; (k) participate in, and ensure that all of its Personnel participate in, any induction programs or training required by VPCM; SAMPLE (l) ensure that all Ancillary Services are performed by properly trained, qualified and, where relevant, licensed Personnel; (m) not bring or permit to be brought on or into the Licensed Area any machinery, plant or equipment except the Equipment without the prior written consent of VPCM; (n) not permit or allow any cargo, machinery, plant or equipment that exceeds the design loadings referred to in the Port Rules (VPCM Safe Load Chart) to be brought on or into the Licensed Area; (o) not do or allow anything to be done that might damage the Licensed Area (such as storing flammable substances or bring heavy equipment onto the Licensed Area except for the Equipment); (p) promptly notify VPCM of any damage caused to the Licensed Area and repair such damage according to any reasonable directions provided by VPCM; (q) keep the Licensed Area in a clean and tidy condition, free from rubbish, litter and fire hazards; (r) not make adequate provisions for safety any alteration or addition to (including erecting any signs on) any part of the Licensed Area without VPCM's prior written consent; (s) not cause any nuisance, damage, obstruction, annoyance or inconvenience to the occupiers or users of any adjoining premises or the Licensed Premises; (t) comply with any reasonable security and for emergency evacuation in accordance with the Approved Project Development Plan fire safety requirements of VPCM and the Applicable LawsHarbour Master in relation to the Licensed Area; (u) comply, on time, with all requirements, orders and notices of Authorities and any insurers and all laws concerning the Provider's use or occupation of the Licensed Area, and the Provider's property; (v) ensure that it and its Personnel: (i) cooperate with all other ancillary service providers and other persons or entities in the Licensed Area; and (lii) do not obstruct the activities of any other person or entity in the Licensed Area; (w) keep the Licensed Area, and any areas used in connection with the Licensed Area, clean and tidy at all times during and at the completion of their use by the Provider; (x) at the completion of the Licence Agreement, surrender and deliver to VPCM all keys, access cards and other items enabling access to or use of any facilities situated in or around the Licensed Area; (y) make good any damage caused or contributed to by the Provider and its Personnel in the Licensed Area; (z) not carry on from, permit to be carried on from, bring onto, or permit to be brought onto the Licensed Area, any offensive or illegal activity or practice or do or permit to be done any matter or thing, which constitutes a nuisance or harm to VPCM or any other person; (aa) comply with the Port Rules; (bb) remove any Equipment from the Licensed Area at the direction of VPCM; (cc) on request, provide emergency medical aid, the information to VPCM as set forth in out at Item 4 of Schedule 1 (General); and (dd) on request, attend the Approved Project Development Plancoordination meetings, Applicable Laws planning meetings and in accordance with Applicable Permits. The Developer shall personnel training sessions set up and operate and maintain a medical aid post and ambulance services for victims out at Item 5 of accidents on the Project SiteSchedule 1 (General).

Appears in 1 contract

Samples: Ancillary Service Provider Licence Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect Seller, during the Project Site and Term of the Project Facilities from any encroachments Agreement, shall pay all present or Encumbrancesfuture federal, state, municipal, or illegal activitiesother lawful taxes or fees applicable to Seller, or the Facility, or by reason of the sale of Net Energy by Seller to Buyer up to and at the Delivery Point under the Agreement, plus all taxes associated with the generation and delivery of the Net Energy. (b) Ensure Seller shall be responsible for the payment of all charges that result from any change in any applicable law that occurs after the Project Site and Effective Date that imposes new or additional (i) obligations on a Party to obtain or provide transmission service or ancillary services prior to the Project Facilities is not used Delivery Point, or (ii) variable integration charges or imbalance costs, fees, penalties, or expenses, or provides benefits that, in the case of either clauses (i) or (ii), are imposed, assessed or credited by the transmission provider based on the impacts of energy generated by variable generation projects generally (collectively, the "Variable Integration Costs"). Seller shall be responsible for all Variable Integration Costs, irrespective of whether the Variable Integration Costs are assessed against Seller or Buyer and, to the extent any activities which Variable Integration Costs are prohibited under the Applicable Lawsincurred by Buyer, Seller shall promptly reimburse Buyer for such Variable Integration Costs. (c) Procure Seller shall purchase from Buyer all station power and maintain energy used by the Facility and not provided by the Facility itself. (d) Seller shall continue to (i) preserve, renew and keep in full force and effect, as necessaryto the extent applicable, appropriate proprietary its organizational existence and good standing, and take all reasonable action to maintain all Permits, rights, privileges, licenses, agreements and Applicable Permits including franchises necessary or desirable in the permits set out in Schedule 4 ordinary course of its business; (ii) comply with all Requirements of Law, and keep in force in conformity (iii) comply with the Applicable Laws. (d) Pay all taxes including GSTProject Contracts, property taxmaterial agreements, duties (including stamp duties) instruments and outgoings, utility charges relating undertakings related to the execution Facility, except to the extent that any failure to so comply has not had, or is not reasonably likely to have, a material adverse effect on Seller's performance of the its material obligations under this Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and Upon Buyer's request, Seller shall be solely responsible make available for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with Buyer's review the Project FacilitiesContracts (or summaries thereof), Permits and other information in its possession, custody or control regarding the permitting, engineering, construction, condition and operations of the Facility, as Buyer may, from time to time, reasonably request; provided. The Developer shall indemnify the Authority against any claimshowever, damages, expenses or losses that Seller may reasonably redact confidential information from Project Contracts (such redactions to be reasonably limited to pricing and otherwise an immaterial amount) and other non-public information to be made available to Buyer to comply with reasonable confidentiality obligations in this regard and in no case the Authority shall be treated as employer;favor of third parties. (f) Ensure Seller shall indemnify, defend, and procure hold Buyer harmless from and against all Environmental Liability; provided that Xxxxx shall indemnify, defend, and hold Seller harmless against, any Environmental Liability but only to the extent resulting from the gross negligence or intentional misconduct of Buyer or any of its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of officers, employees, agents, contractors or subcontractors while at the Developer’s obligations under this Agreement;Facility. (g) Pay Seller shall indemnify, defend and hold Buyer harmless from and against all utility charges losses, liabilities or claims, including reasonable attorneys' fees and court costs, of any and all Persons for personal injury (including electricity consumption and water supply chargesdeath) relating to or property damage arising from or out of the Project Facilitiesoperation of the Facility. (h) Provide adequate lighting The Facility shall be interconnected with SCE&G's Transmission System in accordance with the requirements for generator interconnection pursuant to the South Carolina Generator Interconnection Procedures, Forms, and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etcAgreements and the Interconnection Agreement. (i) not do Seller acknowledges that any written notice and information required by Buyer is solely for monitoring purposes, and that nothing contained in this Agreement shall create or omit to do impose upon Buyer any actresponsibility or liability for the development, deed construction, operation or thing which may in any manner be violative of any maintenance of the provisions Facility or Interconnection Facilities. UJ Notwithstanding any provision of this Agreement; Agreement to the contrary, Seller agrees that: (ja) transfer Buyer shall have no responsibility whatsoever for any costs and/or Taxes relating to the Project Site design, development, construction, maintenance, ownership, or operation of the Facility (including but not limited to any financing costs, and Project Facilities any costs and/ or Taxes imposed by any Government Agency on or with respect to Authority upon Termination emissions from or relating to the Facility, and including but not limited to costs and/or Taxes related to any emissions allowances inter alia for oxides for sulfur dioxide or nitrogen, carbon dioxide, and mercury), all of which shall be entirely at Seller's sole cost and expense; and, (b) any risk as to the availability of production tax benefits, investment tax credits, grants or any other incentives relating to the design, development, construction, maintenance, ownership, or operation of the Facility shall be borne entirely by Seller. If any production or investment tax credit, grants, or any similar incentives or benefit relating to the Facility andjor Seller is unavailable or becomes unavailable at any time during the Term of this Agreement, Seller agrees that such event or circumstance will not: (a) constitute a Force Majeure or Regulatory Event; (b) excuse or otherwise diminish Seller's obligations hereunder in accordance any way; or (c) give rise to any right by Seller to terminate or avoid performance under this Agreement. Seller agrees that it will solely and fully bear all risks, financial and otherwise throughout the Term, associated with Seller's or the provisions thereof;Facility's eligibility to receive any such tax treatment or otherwise qualifY for any preferential or accelerated depreciation, accounting, reporting, or tax treatment. (k) make adequate provisions for safety of Xxxxxx agrees and acknowledges that the users Interconnection Agreement is (and for emergency evacuation in accordance with will be) a separate agreement between Seller and SCE&G Transmission. Only the Approved Project Development Plan Interconnection Agreement will govern all obligations and the Applicable Laws; and (l) provide emergency medical aid, as liabilities set forth in the Approved Project Development PlanInterconnection Agreement, Applicable Laws and Seller shall be solely and fully responsible for all costs and expenses for which Seller is responsible under the Interconnection Agreement. Notwithstanding any provision in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents this Agreement, nothing in the Interconnection Agreement, nor any other agreement between Seller on the Project Siteone hand and SCE&G Transmission on the other hand, nor any alleged event of default thereunder, shall affect, alter, or modifY the Parties' rights, duties, obligation, and liabilities hereunder. This Agreement shall not be construed to create any rights between Seller and SCE&G Transmission, and the terms of this Agreement are not (and will not) be binding upon SCE&G Transmission. Xxxxxx agrees and acknowledges that the System Operator will be solely responsible for its functions and that nothing in this Agreement will be construed to create SOypsteermato arbniSgeaytSehthnwlytaedlssenetrdeen (I) Generally Accepted Accounting Principles ("GAAP") and SEC rules can require Buyer to evaluate various aspects of its economic relationship with Seller, e.g., whether or not Buyer must consolidate Seller's financial information. Buyer and its independent auditor shall have the right to inspect from time to time, upon reasonable notice to Seller, such books and records of Seller as are reasonably necessary in order for Buyer to determine whether Seller constitutes a VIE and the Agreement represents a VI. To the extent such inspection requires access to confidential information of Seller, Xxxxx shall execute an appropriate confidentiality agreement reasonably acceptable to Seller respecting such confidential information. From the Effective Date through the end of the Term, Seller covenants Buyer will not be required by any Requirements of Law or any accounting standard, including, but not limited to, those implemented or administered by FASB, to consolidate Seller or any of its Affiliates or permitted assigns as a VIE in Buyer's or any of its Affiliates' financial statements. Seller covenants to promptly notifY Buyer following any determination made by Seller or its auditor that Seller constitutes a VIE for which Buyer is the Primary Beneficiary as a result of this Agreement considered individually or together with any other power purchase agreements between Seller and Buyer. At the time of execution of this Agreement and thereafter prior to each anniversary of the Commercial Operation Date during the Term, Seller shall provide Buyer a VIE certification form in the form of Attachment E hereto signed by the chief financial officer of Seller.

Appears in 1 contract

Samples: Power Purchase Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The lessee shall at its own cost and expense during the Agreement Periodexpense: (a) Protect the Project Site investigate, study, operate and maintain the Project Facilities from any encroachments or Encumbrances, or illegal activities.in accordance with the provisions hereof; (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited obtain all Applicable Permits as required by or under the Applicable Laws.Law and be in compliance thereof at all times during the Lease Period; (c) Procure Comply with Applicable Law governing the operations of Xxxxxxxxx House at all times during the Lease Period; (d) ensure and procure that any contract relating to the project, entered into by the lessee for operation and maintenance of the Project in accordance with this Agreement contains provisions that would entitle the nominee of EDMC to step into such contract/s at EDMC’s discretion, in place and substitution of the lessee. (e) endeavour to sell or otherwise dispose off, all recyclables in a manner which is not detrimental to the environment; (f) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project; (dg) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies EDMC against any claims, damages, expenses or losses in this regard and that in no case the Authority and for no purpose shall EDMC be treated as employeremployer in this regard; (fh) Ensure make its own arrangements for operation and procure its Contractors obtain all maintenance materials and observe and fulfil the environmental and other requirements under the Applicable Permits Laws and comply with Applicable Law in performance by them of the Developer’s obligations under this AgreementPermits; (gi) Pay be responsible for all the health, security, environment and safety aspects of the Project at all times during the Lease Period. (j) ensure that the Project Facilities remain free from all encroachments and take all steps necessary to remove encroachments, if any with the support/assistance from EDMC. (k) upon receipt of a request thereof, afford access to the Project Facilities to the authorised representatives of EDMC for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement. (l) pay all Taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on lessee would have to pay property tax as per the Project Siterules.

Appears in 1 contract

Samples: Lease Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Project Development and Management Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) : Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) . Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) . Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) . Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) . Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) ; Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) ; Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) . Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) . not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) ; transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) ; make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) and 15 | P a g e Selection of Developer for Development of Tourist Complex Hesadih, Ranchi Draft PDMA provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Project Development and Management Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Concessionaire shall: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 Project; (b) at all times, to afford access to the Project Site to the authorized representatives of the Authority, the Lenders, other persons duly authorized by any Government Agency having jurisdiction over the Project, to inspect the Project and keep in force in conformity with to investigate any matter within their authority and upon reasonable notice; (c) perform and fulfil its obligations under the Applicable Laws.Financing Documents; (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this the Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify and hereby indemnifies the Authority against any claims, damages, expenses or losses in this regard and that in no case and for no purpose shall the Authority shall be treated as employeremployer in this regard; (e) observe and fulfil the environmental and other requirements under the Applicable Laws and Applicable Permits from time to time; (f) Ensure ensure that the Project Installations and procure its Contractors obtain Equipment remains free from all Applicable Permits Encumbrances and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreementtake all steps necessary to remove any encumbrances, that may have come into existence; (g) Pay pay all taxes, duties, levies and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities.Project; (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of violate any of the provisions of this Agreement; (i) to provide continuity of services as prescribed under this Agreement; (j) to provide equal quality of services in relation to all areas of the Project Site and without any bias; (k) transfer the Project Site to the Authority in fully operational and Project Facilities to Authority functional condition upon Termination termination of this Agreement, in accordance with the provisions thereof; (kl) make adequate provisions for safety Ensure that the quality of the users and for emergency evacuation in accordance with Equipment conform to the Approved Project Development Plan and standards laid down by the Applicable LawsCompetent Authorities; and (lm) provide emergency medical aid, as set forth in Tackle with any issue arising out of any illegality that may have occurred during the Approved Project Development Plan, Applicable Laws O&M Period and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on indemnifying the Project SiteAuthority against the same.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Concessionaire shall at its own cost and expense during the Agreement Periodexpense: (a) Protect the Project Site a. investigate, study, design, procure, build, operate, maintain and transfer the Project Facilities from any encroachments in accordance with the provisions hereof; b. comply with Applicable Law at all times during the Concession Period; c. endeavor to sell or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities otherwise dispose off all Recyclable Substances in a manner which is not detrimental to the environment; d. endeavor to improve the ancillary conditions and infrastructure related to the Project, including assistance to informal recycling workers; e. carry out Awareness Campaign by contracting with reputed non-government organisations (NGO’s) to educate and train Persons generating MSW to segregate such waste into Biodegradable Substances and Non-biodegradable Substance; f. provide uniforms for all its employees/ Contractor’s personnel which shall be worn by such employees/personnel while on duty; g. provide street corner bins at places within the Concession Area in accordance with the O&M Requirements; h. register vehicles used for any activities which transportation of segregated MSW with the concerned Government Agencies and ensure that all taxes are prohibited under the Applicable Laws.paid up-to-date on such vehicles; (c) Procure i. procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project; (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make j. make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims from any third party and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies MCD against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall MCD be treated as employeremployer in this regard; (f) Ensure k. make its own arrangements for construction materials and procure its Contractors obtain all Applicable Permits observe and comply with fulfill the environmental and other requirements under the Applicable Law in performance by them and Applicable Permits; l. be responsible for all the health, security, environment and safety aspects of the Developer’s obligations under Project at all times during the Concession Period. m. ensure that the Facility Site and Workshop Site remain free from all encroachments and take all steps necessary to remove encroachments, if any; n. upon receipt of a request thereof, afford access to the Facility Site and Workshop Site to the authorised representatives of MCD for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (g) Pay ; o. pay all Taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Collection, Segregation, Transportation, and Disposal of Municipal Solid Waste Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Concessionaire shall at its own cost and expense during the Agreement Period: (a) Protect the Project Site expense: investigate, study, design, construct/ renovate, operate and maintain the Project Facilities from any encroachments in accordance with the provisions hereof; obtain all Applicable Permits as required by or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure Law and be in compliance thereof at all times during the Concession Period; comply with Applicable Law governing the operations of Municipal Solid Waste processing units and engineered sanitary landfills at all times during the Concession Period; ensure and procure that any contract relating to the Project, entered into by the Concessionaire for implementing the Project in accordance with this Agreement contains provisions that would entitle Lenders or a nominee of BNN to step into such contract/s at BNN's discretion, in place and substitution of the Concessionaire, pursuant to the provisions of this Agreement or the Substitution Agreement endeavour to sell or otherwise dispose off, all recyclables in a manner which is not detrimental to the environment; endeavour to improve the ancillary conditions and infrastructure related to the Project including assistance to informal recycling workers, procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make Project; make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies BNN against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall BNN be treated as employer; (f) Ensure employer in this regard; make its own arrangements for construction materials and procure its Contractors obtain all Applicable Permits observe and comply with fulfil the environmental and other requirements under the Applicable Law in performance by them and Applicable Permits; be responsible for all the health, security, environment and safety aspects of the Developer’s obligations under Project at all times during the Concession Period. ensure that the Project Facilities remain free from all encroachments and take all steps necessary to remove encroachments, if any; upon receipt of a request thereof, afford access to the Project Facilities to the authorised representatives of BNN for the purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (g) Pay . pay all Taxes, duties and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on 5.17.1 The Concessionaire during the terms and conditions of this Agreement, the Developer Concession Period shall at its own cost and expense during the Agreement Periodin a time bound manner: (a) Protect a. Investigate, study, design, operate and maintain the Project Site and Facility in accordance with the Project Facilities from any encroachments provisions hereof; b. Obtain all Applicable Permits as required by or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.Law and be in compliance thereof at all times during the Concession Period; (c) c. Comply with Applicable Law governing the operations of the Project Facility, as the case may be, at all times during the Concession Period; d. Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licensesconcessions, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 Project; e. Appoint, supervise, monitor and keep in force in conformity control as necessary, the activities of Contractors under the respective project agreements; f. Be responsible for all the health, security, environment and safety aspects of the Project Site/Project Facility, as the case may be, at all times during the Concession Period; g. Ensure that the Project Site remains free from all encroachments and take all steps necessary to remove encroachments, if any; h. Upon receipt of a request thereof, provide access to the Project Facility to the authorized representatives of the Hospital Authority for the purpose of ascertaining compliance with the Applicable Laws.terms, covenants and conditions of this Agreement and to any Government Agency having jurisdiction over the Project, including those concerned with safety, security or environmental protection to inspect the Project Facility and to investigate any matter within their authority and upon reasonable notice, the Concessionaire shall provide to such persons assistance reasonably required to carry out their respective duties and functions; (d) i. Pay all taxes including GSTexpenses, property tax, tax & duties (including stamp duties) and outgoings, including utility charges relating to the execution Project Facility, as applicable throughout the Concession Period; j. Provide and maintain all necessary accommodation and welfare facilities for its staff and labour. The Concessionaire shall not permit any of its employees to maintain any temporary or permanent living quarters within the structure forming a part of the AgreementProject Facility; k. Take precautions to ensure the health and safety of its staff and labour; l. Take reasonable precautions to prevent any unlawful, development riotous, or disorderly conduct by or amongst its staffs and labour and to preserve peace and protection of persons and property in the neighbourhood of the Project Facilities and operation & management thereofFacility against such conduct. m. Shall be the responsible to employ adequate number of cleaners and sweepers and provide them with adequate and necessary equipment/materials for keeping the Dialysis Centre scrupulously clean and in a sanitary condition to the satisfaction of the Hospital Authority authorities. Anti-rodent and pest control measures shall also be strictly followed, and it shall be the responsibility of the Concessionaire to ensure that premises are free of these at its own cost. n. Shall install of electricity meter in its own name. In case of installation of sub-meter by the Hospital Authority under such circumstances where electric meter in own name may not be provided for time being the cost towards installation of such sub-meter shall be borne by the Concessionaire. The Hospital Authority shall raise bills as per reading in the sub-meter which has to be paid within due time by the Concessionaire. o. Connection for requisite water supply shall be provided by the Hospital Authority to the proposed premises where such Dialysis Centre is intended to be set up. Necessary water pipelines and disposal and drainage system have to be installed by the Concessionaire at their own cost. Also, if there is implementation of provision of water tax as per Government rules the Water meter have to be installed by the Concessionaire at their own cost and pay the water tax as per meter reading to concerned authority. p. The Concessionaire shall ensure back up power (egenerator services) Make efforts at its own cost for continuation of services in case of disruption in electrical power as per specifications and standard power requirement of the respective equipment. q. Decency in relation to maintain harmony work culture, etiquettes have to be maintained by all the staffs and good industrial relations among managerial level workers attached to the personnel employed Dialysis Centre. r. The Concessionaire shall also provide the Dialysis Services in case of any pandemic arises as per the protocol of the State Government/GoI and the Hospital Authority in its sole discretion shall enter into supplementary agreement. In case a requirement of expanding the capacity of existing Dialysis Centre based on demand of the Dialysis Services arises, then the Hospital Authority in its sole discretion shall enter into supplementary agreement on mutual basis. The Operational Payment for the additional scope shall be payable on pro-rata basis at the same rate as mentioned under Schedule C of this Agreement. The decision of Hospital Authority in respect of additional scope shall be final and binding on Concessionaire. s. The Concessionaire shall implement at its own cost, a technology watch throughout the Concession Period so as to allow the Project to benefit from technical advancement and/or technology upgrades in connection with the performance of its obligations under this Agreement equipment and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilitiesservices. The Developer technology watch shall indemnify include information about any offers to buy back and replace or upgrade the Authority against equipment that the Concessionaire may receive from any claims, damages, expenses third party and that would apply during the Concession Period or losses in this regard and in no case the Authority shall be treated as employer; within 30 (fthirty) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them days of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any expiry of the provisions Concession Period or early termination of this Agreement; (j) transfer . The Concessionaire shall present the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety findings of the users and for emergency evacuation in accordance with technological watch to the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth Hospital Authority in the Approved Project Development Planform of a written report for review at least once every 3 (three) months and accordingly, Applicable Laws the equipment shall be assessed by the state level expert committee. t. The Concessionaire shall obtain and maintain insurances within 15 (fifteen) days of start of operation of the services for the Hospital Sites including the equipment as per Good Industry Practice including insurances against damages to property due to force majeure, insurances against theft and loss of equipment and such other insurances as are required for the services undertaken by the Concessionaire (the “Insurance Cover”). All insurances obtained by the Concessionaire shall be maintained with insurers on terms consistent with Good Industry Practice. Within 15 (fifteen) days of obtaining any insurance cover, the Concessionaire shall furnish to the Hospital Authority, notarised true copies of the certificate(s) of insurance, copies of insurance policies and premia payment receipts in accordance with Applicable Permitsrespect of such insurance, and no such insurance shall be cancelled, modified, or allowed to expire or lapse until the expiration of at least 15 (fifteen) days after notice of such proposed cancellation, modification or non-renewal has been delivered by the Concessionaire to the Hospital Authority. If the Concessionaire shall fail to effect and keep in force all insurances for which it is responsible pursuant hereto, the Hospital Authority shall have the option to either keep in force any such insurances and pay such premia and recover the costs thereof from the Concessionaire, or in the event of computation of a termination payment, treat an amount equal to the insurance cover as deemed to have been received by the Concessionaire. u. The Hospital Authority shall provide space as per applicable norms to the Concessionaire . The Developer Concessionaire shall set up be responsible for internal furnishing and operate re-furbishing as per applicable norms Internal wiring, fitting, and maintain a medical aid post and ambulance services for victims fixtures in connection to electricity including air conditioning shall be responsibility of accidents on the Project SiteConcessionaire.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer The Concessionaire shall at its own cost and expense during the Agreement Period: (a) Protect investigate, study, design, construct, operate and maintain the Project Site and Facility in accordance with the Project Facilities from any encroachments or Encumbrances, or illegal activities.provisions hereof; (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited obtain all Applicable Permits as required by or under the Applicable Laws.Law and be in compliance thereof at all times during the Concession Period; (c) Procure comply with Applicable Law governing the operations of the Project Facility, as the case may be, at all times during the Concession Period; (d) ensure and procure that each Project Agreement contains provisions that would entitle SIIDCUL or a nominee of SIIDCUL to step into the same at SIIDCUL's discretion, in place and substitution of the Concessionaire, pursuant to the provisions of this Agreement ; (e) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project ; (df) Pay all taxes including GSTappoint, property taxsupervise, duties (including stamp duties) monitor and outgoingscontrol as necessary, utility charges relating to the execution activities of Contractors under the Agreement, development of respective Project Facilities and operation & management thereof.Agreements; (eg) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority and hereby indemnifies SIIDCUL against any claims, damages, expenses or losses in this regard and that in no case the Authority and shall for no purpose shall SIIDCUL be treated as employeremployer in this regard; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting make its own arrangements for construction materials and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc.observe and fulfill the environmental and other requirements under the Applicable Law and Applicable Permits; (i) not do or omit to do any actbe responsible for all the health, deed or thing which may in any manner be violative of any security, environment and safety aspects of the provisions of this AgreementProject Site/ Project Facility, as the case may be, at all times during the Concession Period; (j) transfer ensure that the Project Site remains free from all encroachments and Project Facilities take all steps necessary to Authority upon Termination of this Agreementremove encroachments, in accordance with the provisions thereofif any; (k) make adequate provisions upon receipt of a request thereof, afford access to the Project Facility to the authorised representatives of SIIDCUL for safety the purpose of the users and for emergency evacuation in accordance ascertaining compliance with the Approved terms, covenants and conditions of this Agreement and to any Government Agency having jurisdiction over the Project, including those concerned with safety, security or environmental protection to inspect the Project Development Plan Facility and to investigate any matter within their authority and upon reasonable notice, the Applicable Laws; andConcessionaire shall provide to such persons assistance reasonably required to carry out their respective duties and functions. (l) provide emergency medical aidpay all taxes, duties and outgoings, including utility charges relating to the Project Facility, as set forth in applicable throughout the Approved Project Development Plan, Applicable Laws Concession Period. (m) make its own arrangements for the engagement of the employees and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services labour engaged for victims execution of accidents the Construction Work. (n) keep on the Project SiteSite two complete sets of this Agreement, Construction Documents, approvals given by the SIIDCUL and any other communication given or issued under provisions hereof for inspection, verification and use by the SIIDCUL or any authority authorised by law to inspect the same or any of them. (o) provide and maintain all necessary accommodation and welfare facilities for its staff and labour. The Concessionaire shall not permit any of its employees to maintain any temporary or permanent living quarters within the structure forming a part of the Construction Works. (p) take precautions to ensure the health and safety of its staff and labour. (q) employ adequate number of appropriately qualified, skilled and experienced persons in order to execute the Construction Works. The Authority may require the Concessionaire to remove any person employed on the Project Site or Construction Works, who in the opinion of the Authority: i. persists in any misconduct, ii. is incompetent or negligent in the performance of his duties, iii. fails to conform with any provisions of the Agreement, or iv. persists in any conduct which is prejudicial to safety, health, or the protection of the environment The Concessionaire shall in such cases appoint suitable replacement/s. (r) take reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst its staff and labour and to preserve peace and protection of persons and property in the neighbourhood of the Construction Works against such conduct.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject Except to the extent that this Lease otherwise expressly provides or allows, Tenant shall during the Term keep, repair and maintain, or cause to be kept, repaired and maintained, as part of Operating Expenses and/or Capital Expenses, as applicable, the Premises and all Center Signage other than Transit Agency Controlled Signage in good clean order and condition, in accordance with all applicable Laws, the O & M Guidelines set forth on Exhibit L-1 attached hereto and made a part hereof, and otherwise in accordance with the Retail Standard and the Digital Guidelines, subject to Loss (governed by other provisions of this Lease), reasonable wear and tear, and any other conditions that this Lease does not require Tenant to repair or maintain. Except to the extent that the Lease otherwise expressly provides or allows, Tenant's obligation to repair and maintain the Premises includes, without limitation, an obligation to make, or cause to be made, all repairs that the Premises (including plumbing, heating, air conditioning, ventilating, electrical, lighting, fixtures, walls, Structure, building systems, ceilings, floors, windows, doors, plate glass, skylights, landscaping, driveways, site improvements, curb cuts, parking lots, fences and signs located in, on or at the Premises, together with any sidewalks and streets adjacent to the Premises and the street islands located between the blocks of the Center) may require by Law or the O & M Guidelines from time to time during the Term, whether structural or nonstructural, foreseen or unforeseen. All such repair and maintenance obligation shall be fulfilled by Tenant specifically within the time frames provided for in the O & M Guidelines. Tenant shall remove, or cause to be removed, trash and debris from the Premises, the bus ramps and all of the adjoining sidewalks and the street islands located between the blocks of the Center, and maintain them, or cause them to be maintained, in a clean and passable condition, all in accordance with the O & M Guidelines and otherwise required by applicable Law. . With respect to replacement(s) and/or repair(s) of all, or any portion(s), of the Premises or Improvements of a capital nature, as defined in accordance with generally accepted accounting principles, Tenant shall be responsible for such capital replacement and/or repair which shall be made in accordance with the terms and conditions of this AgreementLease including, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbranceswithout limitation, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effectSection 8.1 above, as necessarypart of Capital Expenses, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating subject to Section 8.8 below. Notwithstanding anything to the execution of the Agreementcontrary contained elsewhere herein, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and no capital replacement and/or repair shall be solely responsible for compliance with all labour laws undertaken without the prior approval of Landlord, in advance and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard each instance and in no case the Authority event shall any capital replacement or repair, or any portion thereof, be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance performed by them any Affiliate of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project FacilitiesTenant. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Site.

Appears in 1 contract

Samples: Lease Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Concessionaire shall: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 Project; b) At all times, to afford access to the Project Site to the authorized representatives of Concessioning Authority, Senior Lenders, other persons duly authorized by any Governmental Agency having jurisdiction over the Project, to inspect the project and keep in force in conformity with the Applicable Lawsto investigate any matter within their authority and upon reasonable notice. (dc) Pay all taxes including GST, property tax, duties (including stamp duties) Perform and outgoings, utility charges relating to fulfill its obligations under the execution of the Agreement, development of Project Facilities and operation & management thereofFinancing Documents. (ed) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the and hereby indemnifies Concessioning Authority against any claims, damages, expenses or losses in this regard and that in no case the and shall for no purpose shall Concessioning Authority shall be treated as employeremployer in this regard; (e) Make its own arrangements for construction materials and observe and fulfil the environmental and other requirements under the Applicable Laws and Applicable Permits from time to time; f) Ensure that the Project Site remains free from all encroachments and procure its Contractors obtain take all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreementsteps necessary to remove encroachments, if any; (g) Pay all taxes, duties, levies and outgoings, including utility charges (including electricity consumption and water supply charges) relating to the Project Facilities.Project; (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not Not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement;; and (ji) transfer Transfer the Project Site to the Concessioning Authority in fully operational and Project Facilities to Authority functional condition upon Termination termination of this Agreement, in accordance with the provisions thereof;. (kj) make adequate provisions for safety Ensure that the quality of treated affluent solid waste, emissions etc., conform to the users and for emergency evacuation in accordance with standards laid down by the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project SiteCompetent Authorities.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall The Service Provider shall: a. Procure all Applicable Permits at its own cost and expense and be in compliance thereof at all times during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating to the execution of the Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions period of this Agreement; (j) transfer b. Comply with Applicable Laws at all times during the Project Site and Project Facilities to Authority upon Termination period of this AgreementAgreement and in particular ensure conformity to all the laws relevant to contract labourers/employees, with respect to their work environment, health and safety aspects; c. Ensure that all aspects of the Assignment shall conform to the laws pertaining to environment, health and safety aspects including Solid Waste Management Rules 2016, Rules policies and guidelines related thereto; d. Adhere to all requirements relating to employees and labour, as set out in Schedule 6; e. Throughout the Agreement Period, at its cost and expense, purchase and maintain by due re-instatement or otherwise all necessary insurances required for the Assignment including but not limited to the following aspects: i. Tools, Equipment and Vehicles provided by the Service Provider; ii. Third Party Liability Cover; iii. Employees Sickness and workmen’s compensation cover. f. Effect and maintain such insurance as may be necessary for mitigating the risks that may devolve on BBMP as a consequence of any act or omission by the Service Provider during the Agreement Period. g. Submit to BBMP: i. Evidence that all necessary insurances, including those specified above, have been effected; ii. Copies of the insurance policies; and iii. Copy of receipts of the premiums paid. h. Comply with conditions stipulated in each of the insurance policies and make no material alteration to the terms of any insurance without the prior approval of BBMP; i. Not be limited in its obligations, liabilities or responsibilities or of BBMP and bear any amounts not insured or not recovered from the insurers; j. The proceeds from all insurance claims shall be applied by the Service Provider towards meeting his obligations under the Agreement and any amount not recovered from the insurer shall be borne by the Service Provider; k. All insurance policies supplied by the Service Provider shall include a waiver of any right of subrogation of the insurers thereunder against inter alia, BBMP and of any right of the insurers of any setoff or counter claim or any other deduction, whether by attachment or otherwise, in accordance with the provisions thereof; (k) make adequate provisions for safety respect of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Lawsany liability of any such person insured by such policy; and (l) provide emergency medical aid, as set forth in l. Ensure that the Approved Project Development Plan, Applicable Laws Vehicles utilized for execution of the Assignment are registered with the transport authorities concerned and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project Siteensure that taxes are promptly paid.

Appears in 1 contract

Samples: Request for Proposal Agreement

General Obligations. Subject 8.1.1 The Concessionaire shall observe, undertake, comply with and perform the following obligations, in addition to and not in derogation of its obligations elsewhere set out in this Concession: i take over the possession of the Project Site from the Authority, provided it is being delivered in accordance with the provisions of Article 4.1 and safeguard and use the Project Site solely for the purpose of discharging its obligations under this Concession Agreement; ii obtain any and all permits, necessary approvals, clearances and sanctions from the Competent Authority, for infrastructure facilities including power, water supply, drainage & sewerage, firefighting, telecommunications etc., as and when they may be required, for the Concessionaire and its employees to perform their obligations under this Concession Agreement; iii comply and observe at all times with all Applicable Permits, approvals and applicable laws, norms/ standards in the performance of its obligations under this Agreement including those being performed by any of its Subcontractors; iv make arrangements and procurement of firm commitment for financing the Project and achieve Financial Close and deliver complete evidence to the Authority that Financial Close has been accomplished, within a period of 90 (ninety) days from the Agreement Date; v carry out the Works strictly in accordance with the provisions of this Concession Agreement, the Technical Requirements, Performance Standards, the Project Implementation Schedule and the Schedules of this Concession Agreement, and all works not mentioned in this Concession Agreement but which may be inferred to be necessary for safe, reliable and efficient completion and operation of the project; vi undertake to complete the development within the specified Completion Period, provided that the Concessionaire shall not be in breach of this concession agreement if any such non‐fulfillment or the delay of its obligation are caused by: (i) the occurrence of an event of Force Majeure or (ii) any other act or omission of the Authority in contravention of its obligations under this Agreement; vii obtain for the Heritage Hotel accreditation from the concerned accreditation agency in terms of the MoT Guidelines attached in the Annexure of this document, within 3 (three) months from the date of issuance of the Completion Certificate or Provisional Certificate whichever is earlier; viii ensure that the Project Facilities shall be used for the intended purpose only as agreed between the Parties; ix shall have the right to sub‐license the use of designated area (Concessionaire’s Area) of the Project, during the subsistence of this Concession Agreement only with a clear stipulation that sub‐license granted shall terminate simultaneously with the termination of this Concession Agreement including any sooner determination of the Concession Period for any reason whatsoever. All contracts, agreements or arrangements with sub‐licensees shall specifically stipulate this covenant of termination of the sub‐license rights and further that the sub‐licensee shall not have any claim whatsoever against the Authority for any such termination. The Concessionaire shall prepare a draft standard format of the sub‐ license arrangement which the Concessionaire will be required to sign with the sub‐licensee for the use of the designated area of the Project. The Concessionaire shall furnish the draft of such agreement/ arrangement to Authority for its approval. The Authority shall be entitled to incorporate such clauses as Authority may consider appropriate to protect Authority’s interest. The Concessionaire shall enter into sub‐license arrangements with the Authority as per the standard format with the covenants stipulated by the Authority as the confirming party to the same and the Concessionaire shall not incorporate or bring change in any clause in the arrangement/agreement that would have adverse effect on the covenants incorporated by the Authority. In case of any deviation from the above mentioned standard draft of the Agreement in any particular circumstances, which supersedes or adversely effects Authority’s terms and conditions covenants, prior written consent of the Authority shall be taken before entering into any such agreement with sub‐licensees; x ensure that the use of the Project Site is restricted to the Article 2 and Schedule III of this Agreement. xi carry out its obligations/duties with regard to the Development and O&M of the Project in accordance with the Schedules to this Concession Agreement. The obligations shall include all work which is necessary to satisfy the Schedules, Technical Requirements and Performance Standards or is implied by this Concession Agreement, or arises from any obligation of the Developer Concessionaire, and all duties not mentioned in this Concession Agreement, but which may be inferred to be necessary for the safe, reliable and efficient operation of the Project; xii operate and maintain the Project and all its components, including maintaining necessary records, for the periods stipulated herein after, as per the Technical Requirements and Performance Standards set out, and shall remedy any defects during the Concession Period. The Concessionaire shall provide all superintendence, labour, plant, materials, equipment, and all such other things for such operation and maintenance (including remedying of defects); xiii be responsible from the date of issuance of the Certificate of Compliance for all liabilities arising out of Development, Operation & Maintenance of the Project; xiv take full responsibility for the adequacy, stability and safety of all Project Site operations, of all methods, operation and maintenance of the Project, irrespective of any approval or consent by the Authority; xv submit to the Authority certified true copies of each of the Project Agreements and any further replacement, amendment or modifications within 7 (seven) days of their execution; xvii ensure that no structural damage is caused to the existing building(s) and other permanent structures at the Project Site as a result of Concessionaire’s activities or any of its agents, contractors, tenants etc.; xviii pay at its own cost all applicable existing and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits future taxes/ charges/ fees/ levies including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (services tax, stamp duty, registration charges and any other legal documentation charges, if any, in respect of Hotel including stamp duties) Project Site, as leviable; xix duly supervise, monitor and outgoingscontrol the activities of Contractors, utility charges relating to the execution of the Agreementsubcontractors, development of their employees and agents under their respective Project Facilities and operation & management thereof. (e) Make efforts to maintain Agreements as may be necessary; xx ensure harmony and good industrial relations among amongst the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the DeveloperConcessionaire’s obligations under this Agreement; (g) Pay ; xxi obtain and maintain in force all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, insurance in accordance with the provisions thereof; (k) make adequate provisions of this Agreement and Good Industry Practice; xxii take all reasonable precautions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims prevention of accidents on or about the Hotel/Project Site and provide all reasonable assistance and emergency medical aid to accident victims; xxiii not to permit any contractor, sub‐contractors or other person, claiming through or under the Concessionaire, to create or place any Encumbrances or security interest (the “Security Interest”) over all or any part of Project Site or the Project Site.Assets (the “Project Assets”) or on any rights of the Concessionaire therein or under this Agreement, save and except as expressly permitted in this Agreement; xxiv ensure that such Project Site remains free from all Encumbrances, encroachments and trespass during the entire Concession Period; xxv provide all assistance to the Independent Expert/ independent auditor/ arbitrator as it may require for the performance of their duties and services; xxvi at all times, to afford access to the Project Site to the authorized representatives of Authority, Lenders, other persons duly authorized by any governmental agency having jurisdiction over the Project, to inspect the Hotel and to investigate any matter within their authority and upon reasonable notice; xxvii remain solely and primarily responsible to Authority for observance of all the provisions of this Concession Agreement on behalf of the Concessionaire, its employees and representatives and further on behalf of the sub‐ licensees, their employees and agents and any person acting under or for and on behalf of the Concessionaire or the sub‐licensees, the sub‐contractor as fully as if they were the acts or defaults of the Concessionaire, its agents or employees; xxviii remain liable for and to indemnify, protect, defend and hold harmless Authority, Authority’s officers, employees and agents from and against any and all demands, claims, suits and causes of action and any and all liability, costs, expenses, settlements and judgments arising out of the failure of the Concessionaire to discharge its obligations under this Article 8.1 and to comply with the provisions of Applicable Laws;

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect Subject to the terms of the Project Documents, the Development Entity will be responsible for the management, treatment, handling, storage, monitoring, remediation, removal, transport, and disposal of any Hazardous Materials in, under or on each Project Site and that are encountered during the carrying out of any Construction Work in respect of a Project Facility, in each case to the extent required by any Applicable Law, Governmental Entity, Governmental Approvals or the Project Facilities from any encroachments or Encumbrances, or illegal activitiesDocuments. (b) Ensure that The Department will be responsible for the management, treatment, handling, storage, monitoring, remediation, removal, transport, and disposal of any Hazardous Materials in, under or on each Project Site and that are not the Project Facilities is not used for any activities which are prohibited responsibility of the Development Entity under the Applicable LawsSection 6.1(a). (c) Procure Before any Remedial Action (other than with respect to a Development Entity Release of Hazardous Materials) is taken for which the Development Entity has responsibility that would inhibit the Department’s ability to ascertain the nature and maintain extent of the relevant Hazardous Environmental Condition, the Development Entity will afford the Department the reasonable opportunity to inspect areas and locations that require Remedial Action within a reasonable time period; provided, that in full force the case of a sudden Hazardous Materials Release, the Development Entity may take the minimum action necessary to stabilize and effectcontain the relevant Hazardous Materials Release without prior notice or inspection, as necessarybut will promptly notify the Department of the sudden Hazardous Materials Release and its location; provided, appropriate proprietary rightsfurther, licenses, agreements and that nothing herein shall prevent the Development Entity from complying with Applicable Permits including Law or the permits set out in Schedule 4 and keep in force in conformity with the Applicable Lawsrequirements of any Governmental Entity. (d) Pay Subject to the terms of the Project Documents, the Development Entity will (without accepting or assuming responsibility under any Applicable Law) be responsible for obtaining and maintaining all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges Governmental Approvals relating to the execution of the Agreement, development of Project Facilities any Remedial Action and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall will be solely responsible for compliance with all labour laws Governmental Approvals and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses Applicable Laws concerning or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to Hazardous Materials in respect thereof. In carrying out any Remedial Action, the Project Facilities. (h) Provide adequate lighting Development Entity will take such steps and ventilations devicesactions as the Department may reasonably require in order to protect and preserve the Department’s potential claims of contribution and indemnity, rain water harvestingstatutory or otherwise, utilization of waste wateragainst potentially responsible parties, landscapingprovided, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) that any such steps and actions are not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance inconsistent with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, all Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims the requirements of accidents on the Project SiteDocuments and any relevant Governmental Entities or Governmental Approvals.

Appears in 1 contract

Samples: Public Private Transportation Partnership Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect Seller, during the Project Site and Term of the Project Facilities from any encroachments Agreement, shall pay all present or Encumbrancesfuture federal, state, municipal, or illegal activitiesother lawful taxes or fees applicable to Seller, or the Facility, or by reason of the sale of Net Energy by Seller to Buyer up to and at the Delivery Point under the Agreement, plus all taxes associated with the generation and delivery of the Net Energy. (b) Ensure Seller shall be responsible for the payment of all charges that result from any change in any applicable law that occurs after the Project Site and Effective Date that imposes new or additional (i) obligations on a Party to obtain or provide transmission service or ancillary services prior to the Project Facilities is not used Delivery Point, or (ii) variable integration charges or imbalance costs, fees, penalties, or expenses, or provides benefits that, in the case of either clauses (i) or (ii), are imposed, assessed or credited by the transmission provider based on the impacts of energy generated by variable generation projects generally (collectively, the "Variable Integration Costs"). Seller shall be responsible for all Variable Integration Costs, irrespective of whether the Variable Integration Costs are assessed against Seller or Buyer and, to the extent any activities which Variable Integration Costs are prohibited under the Applicable Lawsincurred by Buyer, Seller shall promptly reimburse Buyer for such Variable Integration Costs. (c) Procure Seller shall purchase from Buyer all station power and maintain energy used by the Facility and not provided by the Facility itself. (d) Seller shall continue to (i) preserve, renew and keep in full force and effect, as necessaryto the extent applicable, appropriate proprietary its organizational existence and good standing, and take all reasonable action to maintain all Permits, rights, privileges, licenses, agreements and Applicable Permits including franchises necessary or desirable in the permits set out in Schedule 4 ordinary course of its business; (ii) comply with all Requirements of Law, and keep in force in conformity (iii) comply with the Applicable Laws. (d) Pay all taxes including GSTProject Contracts, property taxmaterial agreements, duties (including stamp duties) instruments and outgoings, utility charges relating undertakings related to the execution Facility, except to the extent that any failure to so comply has not had, or is not reasonably likely to have, a material adverse effect on Seller's performance of the its material obligations under this Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts Upon Buyer's request, Seller shall make available for Buyer's review the Project Contracts (or summaries thereof), Permits and other information in its possession, custody or control regarding the permitting, engineering, construction, condition and operations of the Facility, as Buyer may, from time to maintain harmony time, reasonably request; provided, however. that Seller may reasonably redact confidential information from Project Contracts (such redactions to be reasonably limited to pricing and good industrial relations among the personnel employed otherwise an immaterial amount) and other non-public information to be made available to Buyer to comply with reasonable confidentiality obligations in connection with the performance favor of its obligations under third parties. In addition, Seller shall provide to Buyer all information, instruments, documents, statements, certificates and records relating to this Agreement and shall be solely responsible for compliance and/or the Facility as requested by Buyer concerning any administrative, regulatory, compliance, or legal requirements determined by Buyer to fulfill any applicable Requirements of Law, regulatory reporting requirements or otherwise relating to any request by any Government Agency. Seller shall, at its own expense, provide Buyer with all labour laws information requested by Buyer to register, verify, or otherwise obtain the approval of any Government Agency, or any other third party recognition, of the Energy sold hereunder for use by Xxxxx, and all possible claims and employment related liabilities at Buyer's request, Seller shall register, verify, or otherwise validate or obtain the approval of its staff employed in relation with any Government Agency, or any other third party recognition, of the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer;Energy sold hereunder for use by Buyer. (f) Ensure Seller shall indemnify, defend, and procure hold Buyer harmless from and against all Environmental Liability; provided that Xxxxx shall indemnify, defend, and hold Seller harmless against, any Environmental Liability but only to the extent resulting from the gross negligence or intentional misconduct of Buyer or any of its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of officers, employees, agents, contractors or subcontractors while at the Developer’s obligations under this Agreement;Facility. (g) Pay Seller shall indemnify, defend and hold Buyer harmless from and against all utility charges losses, liabilities or claims, including reasonable attorneys' fees and court costs, of any and all Persons for personal injury (including electricity consumption and water supply chargesdeath) relating to or property damage arising from or out of the Project Facilitiesoperation of the Facility. (h) Provide adequate lighting The Facility shall be interconnected with SCE&G's Transmission System in accordance with the requirements for generator interconnection pursuant to the South Carolina Generator Interconnection Procedures, Forms, and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etcAgreements and the Interconnection Agreement. (i) not do Seller acknowledges that any written notice and information required by Buyer is solely for monitoring purposes, and that nothing contained in this Agreement shall create or omit to do impose upon Buyer any actresponsibility or liability for the development, deed construction, operation or thing which may in any manner be violative of any maintenance of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project SiteFacility or Interconnection Facilities.

Appears in 1 contract

Samples: Power Purchase Agreement

General Obligations. Subject 3.1. The Contractor shall carry out and complete the Works in accordance with this Contract. 3.2. Insofar as the Contractor is obliged to and on design the terms and conditions Works or any part of this Agreementthe Works, the Developer Contractor shall at its own cost exercise his design obligation with the standard of skill, care and expense during the Agreement Period: (a) Protect the Project Site diligence which a competent and the Project Facilities from any encroachments or Encumbrances, or illegal activitiessuitably qualified person performing such design obligations could reasonably be expected to exercise. (b) Ensure 3.3. Each Party acknowledges that they are aware of and undertake to the Project other that in relation to the Works and Site they will duly comply with the CDM Regulations and more particularly, the Project Facilities is Contractor shall perform the dutyholder roles of "Principal Designer" and "Principal Contractor" in compliance with the CDM Regulations from the earliest date possible in relation to the Works. 3.4. The Contractor shall carry out its duties under this Contract in compliance with all relevant planning agreements, permissions, conditions, Statutory Requirements and regulations and with regard to all deeds and documents relating to the Works which the University has brought to the attention of the Contractor. 3.5. The Contractor shall use reasonable skill and care not use, permit to be used or specify for use, and will use reasonable skill and care to ensure that others do not use, permit to be used or specify for use in the design and / or construction of the Works any activities materials which are prohibited under the Applicable Laws. not (cor which incorporate substances which are not) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with relevant British or European standards or Codes of Practice or generally known within the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (including stamp duties) construction industry at the time of specification and outgoings, utility charges relating / or use to be dangerous or hazardous to health and safety or deleterious to the execution integrity or durability of the AgreementWorks (or any part(s) thereof) in the particular circumstances in which they are used or which are otherwise not in accordance with legal and regulatory requirements and/or the guidelines contained in the edition of the publication 'Good Practice in the Selection of Construction Materials' published by The British Council for Offices current at the date of this Contract. If, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations duties under this Agreement Contract the Contractor becomes aware that it or any other person has specified or used any such products or materials, the Contractor shall notify the University in writing immediately and propose alternative materials for use, provided always that the Contractor shall not be entitled to any additional monies or to any extension of time under this Contract as a result of the subsequent specification and / or use of such alternative materials. 3.6. The Contractor shall maintain at all times and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the Developer’s obligations under this Agreement; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing anything which may in any manner be violative of cause the University to lose all or any of the provisions licences, permissions, authorisations, consents and permits that the Contractor may need to carry out the Works, or upon which the University relies (as the case might be) in connection with this Contract. 3.7. The Contractor shall cooperate with the University in all matters relating to the Works and shall comply with the University’s reasonable instructions and mandatory policies communicated to the Contractor and/or published within the University’s website from time to time. 3.8. The University expects the Contractor to notify it of any assumptions and/or dependencies which must be met for the fulfilment of its obligations and the University shall not be liable for the Contractor's failure to identify the same nor shall the Contractor be relieved from performing its obligations as result of such failure. 3.9. The Contractor warrants that it has full capability, capacity, authority and all necessary consents to perform this Agreement;Contract. 3.10. No inspection or approval or review by the University or its agents, and no omission to inspect or review or to disapprove, shall negate or diminish any duty or liability of the Contractor under or in connection with this Contract. 3.11. The Contractor shall procure that all product guarantees relating to the Works are delivered to the University (or assigned to the University as necessary) by the Date of Practical Completion. 3.12. The Contractor shall: (ja) transfer the Project Site use personnel who are suitably skilled and Project Facilities experienced to Authority upon Termination of perform tasks assigned to them, and in sufficient number to ensure that it fulfils its obligations under this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable LawsContract; and (lb) provide emergency medical aidobserve and fully comply with and ensure that all people employed or otherwise engaged by it (including but not limited to sub-contractors) shall throughout the Construction Period observe and comply fully with: i) the requirements of all Safety Legislation; ii) any reasonable security requirements that apply on Site; iii) the University’s Group Health and Safety Policy (as updated from time to time) which can be accessed at xxxxx://xxx.xxxxxxx.xx.xx/safety/ media/po/group-helath-safety-policy.pdf; and iv) any additional policies, as set forth in rules or instructions of the Approved Project Development Plan, Applicable Laws and in accordance with Applicable PermitsUniversity made known to the Contractor (or its sub-contractors) by the University. 3.13. The Developer University warrants that the Site is free from hazardous materials, including, without limitation, asbestos and other toxic materials requiring specialist attention. If hazardous materials are found by the Contractor the Contractor shall set up advise the University accordingly and operate the University shall issue instructions to the Contractor (or to specialist contractors) to procure the removal of such materials. Where the University instructs the Contractor to undertake or procure the removal of such materials such an instruction shall be an instruction requiring a Variation and maintain a medical aid post and ambulance services for victims the provisions of accidents on the Project Siteclause 4 shall apply.

Appears in 1 contract

Samples: Maintenance and Repair Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period: (a) Protect Seller, during the Project Site and Term of the Project Facilities from any encroachments Agreement, shall pay all present or Encumbrancesfuture federal, state, municipal, or illegal activitiesother lawful taxes or fees applicable to Seller, or the Facility, or by reason of the sale of Net Energy by Seller to Buyer up to and at the Delivery Point under the Agreement, plus all taxes associated with the generation and delivery of the Net Energy. (b) Ensure Seller shall be responsible for the payment of all charges that result from any change in any applicable law that occurs after the Project Site and Effective Date that imposes new or additional (i) obligations on a Party to obtain or provide transmission service or ancillary services prior to the Project Facilities is not used Delivery Point, or (ii) variable integration charges or imbalance costs, fees, penalties, or expenses, or provides benefits that, in the case of either clauses (i) or (ii), are imposed, assessed or credited by the transmission provider based on the impacts of energy generated by variable generation projects generally (collectively, the "Variable Integration Costs"). Seller shall be responsible for all Variable Integration Costs, irrespective of whether the Variable Integration Costs are assessed against Seller or Buyer and, to the extent any activities which Variable Integration Costs are prohibited under the Applicable Lawsincurred by Buyer, Seller shall promptly reimburse Buyer for such Variable Integration Costs. (c) Procure Seller sha!l purchase from Buyer all station power and maintain energy used by the Facility and not provided by the Facility itself. (d) Seller shall continue to (i) preserve, renew and keep in full force and effect, as necessaryto the extent applicable, appropriate proprietary its organizational existence and good standing, and take all reasonable action to maintain all Permits, rights, privileges, licenses, agreements and Applicable Permits including franchises necessary or desirable in the permits set out in Schedule 4 ordinary course of its business; (ii) comply with all Requirements of Law, and keep in force in conformity (iii) comply with the Applicable Laws. (d) Pay all taxes including GSTProject Contracts, property taxmaterial agreements, duties (including stamp duties) instruments and outgoings, utility charges relating undertakings related to the execution Facility, except to the extent that any failure to so comply has not had, or is not reasonably likely to have, a material adverse effect on Seller's performance of the its material obligations under this Agreement, development of Project Facilities and operation & management thereof. (e) Make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and Upon Buyer's request, Seller shall be solely responsible make available for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with Buyer's review the Project FacilitiesContracts (or summaries thereof), Permits and other information in its possession, custody or control regarding the permitting, engineering, construction, condition and operations of the Facility, as Buyer may, from time to time, reasonably request; provided. The Developer shall indemnify the Authority against any claims, damages, expenses or losses however. that Seller may reasonably redact confidential information from Project Contracts (such redactions to be reasonably limited to pricing and otherwise an immaterial amount) and other non-public information to be made available to Buyer to comply with reasonable confidentiality obligations in this regard and in no case the Authority shall be treated as employer;favor of third parties. (f) Ensure Seller sha!l indemnify, defend, and procure hold Buyer harmless from and against all Environmental Liability; provided that Xxxxx shall indemnify, defend, and hold Seller harmless against, any Environmental Liability but only to the extent resulting from the gross negligence or intentional misconduct of Buyer or any of its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of officers, employees, agents, contractors or subcontractors while at the Developer’s obligations under this Agreement;Facility. (g) Pay Seller sha!l indemnify, defend and hold Buyer harmless from and against all utility charges losses, liabilities or claims, including reasonable attorneys' fees and court costs, of any and aCtPo(hGTfwlcopFthtpealForIeihchfhe)e(rernaeniraoePegitosdrenqcrtjnhcosroeauelreieuidocirlonrtnarlrniilacnitycasrteoutaonyoheaetyr osiIfO(munoSopBoiapJt)rlerecrpteuateolhwrkhorlnyncsranycaensiatproeytAnhontreioitornttobfnediwtgsnitocneynsa atbFati(G(ohBhnbyasdnainblanenchd)uoucieyoutamlcoaioyvt:tutlnlereiiudltdtrlydeion/ndipmn sadbpefboidbihtaloerfebSnsmaeixeosodatsnraruecteoxovirlirdeicitneldclgrornaleilflruineareaenaxunelnoctelftrostrnd,airdyovigribtil’dpvtdxnyi,sferosote SsoScuto tdfoaiwtnFoabehnSourahr(eiltnlafracemeoaelrielrleimFlvylcuaie)elMntlrylgyi:iaorolrmcwainlei’inreianbaslri(tsiciajs’wybscsitveshltbi aeNoflxntatorPShpoenrtreirerwygu,rlnslthniseiptetdherosss,n abpsSneArea)eyewdpSgnlfSaealseaierdelelpforelnrllurAalerlefdelaetleonmemgelrllcrtl AsgbhreatceoalrelnemSyaSeteel TrefaSrtosthaneteprPhnedr2lotlmisah5esfnmgrasebtibe nSBaBrt(OmbGniocIyvuSgu)eayoptsteAuaySehythstnenirwseleytpeacnedirlsestrmosrenceaefortorouctdealeoitrusnlsl SasinaAlrottiSsotescaomrihfselrtmotf,liuaeliesvllpmlereietlardnetaens irSsarcnaethnethocfqoacdlfoenclulronerlesuoieremrtrspmdnicestosadesutnsti aorsrioetbctrtsapqoxchoeybtrourprebeyotniermtivrwafncoecaiietesdcmirneonnersaedy, wnoiaRltnoeyfquir Sbaptsc(mahpSfnyupeshBoibgerpdeVlrn)hSciofleraiurBrloeBtaleafeIoCletvoinhltyofifEenfrwlnuelOhuracivdaleotlercdmyofeieyesirpmfitederfemeaeie.r vt5roSheo.eNv3rcipotfroNrfhoEaotiefeadoofreblgcentnyrirtitndey,wafiariitcgintise tfaBPm ito(ctosSninorahsutnfdoudcFroiosedohc)eSatyoteomfaitnalfohfeatnfailertectnhcinilenanemlosgdrlotaclsielrilsdohsdtlfoantnileatietremetatordsluniyndullt DcaWonfatimdthviPwe2toepha6hfogi6innec8he sctscBpomaochoae(asiafsrmiutnbhnalroxhnoBneaut(otdaefasy)delwahcpasd(prnfcoabnanlnduaicudetct)octaleglandrmroyemtrderohltyr) uanplcmhirnuhinmcsfalpitenrdelrtdire,orictceo erdetyraoafeget,etr toaintolCosihtlitrotnolarkfirheotamtfeoecehBemonqtrqhlereormy uiw mleyeyeavisea stertrit pdmpfatatciolarohtmnmaihotreodueyneper,slniendmgede SCEt(eohiqbciomeuiytn)iimopnmpetruoe S5Fo(f1Bt.teacag1o3h1c)uie1r(e.litiy2crs.lidrg3mpio)eath(srnyyiaiet)sonst oDCrobeoOn(oFroheqirbDnSeiampufatu(o)yieoioded1ienegisrlmtlarlr8asduholeiayeud0tnOretdthsryeDel)eriipe s5feSBrhataR.Bepo43etnarutxehimulfl(wlyglcircley eielhod)oerur,rtardstiev Ae(SBbsglpaegehfeu)euoanlctrnaynPlhrce2ntoletecralei7rifrhtgmcil6aateiti8etsdie tpmsPSprhaopretetahenaoflhoretagcolaNokfthedEsf,gelflnoaecprfrtieopeuenhfornoertrarFnaedcthnseoSpvegomntwreaeiae rdtoesreynlgrcdinril Aatfdmtoaptharlgocicaeptamriewhkcwtrtlenohiot eaietrhohfteinpiimevetitgricdtesicehas toltp(tBDtFoha 3tahnhofuAraohtDuaef0eSoasarernptincsgyocy)stnerneraynhoihatureslsrlyedlcyoeaotnlehirialsievte’rlttendaAcnylisromicfle’tnvlit SpF5Pheaa.Srcco4mnBesetitdmfeiloUlaaoiltvyleicnYysorielEli sa5oBipsDifnenapr.b sohuialS5feorTdenriaptopanvyonsoteavBmcredNc rhrledtBeifvlioeveaTloilserTculnreairoeisrntihieufaverycitebdtsrrsanctyh esaPueimnlegereotrlt tct5crsChocoue.e6ieroAlrosacsetntogtiagovwiftSproperidaeceieo npnytearllhcltslatiei aOwDnwapaitdnataoenBPhedt2ioryevaoaua8f,gcituy6nihetteo8hgr 6F(N.lEaa1toash)oPn(LtricA6aexAdRedVEaPpnr0cRtaltNOLCIyr)eahyiTADnsDToesIt specified in Section 3.5, Seller shall submit to Buyer in writing a good faith estimate of each month's average-day energy production to be generated by the Facility and delivered to Buyer during the following Calendar Year, including the time, duration and magnitude of any scheduled maintenance period(s) or reductions in Net Energy to be delivered to Buyer. This forecast shall include an expected range of uncertainty based on historical operating experience. Seller shall update the forecast for each month at least five (including electricity consumption and water supply charges5) relating Business Days before the first Business Day of such month. In addition, Seller shall promptly update a forecast at any time information becomes available indicating a change in the forecast relative to the Project Facilitiesmost previously provided forecast. (hb) Provide adequate lighting Seller shall provide or cause to be provided to Buyer a copy of a rolling one hundred and ventilations devicestwenty (120) hour forecast of the expected Net Energy production from the Facility, rain water harvestingby hour, utilization for each upcoming five (5) day period. This forecast shall include an expected range of waste wateruncertainty based on historical operating experience. On or before 0600 Eastern Prevailing Time on the Business Day immediately preceding the day on which Net Energy is to be delivered, landscapingSeller shall provide Buyer with an hourly forecast of availability for each hour of the next day. An hourly forecast provided on a day before any non-Business Day shall also include forecasts for each day to and including the next Business Day. Seller shall promptly update an hourly forecast any time information becomes available indicating a change in the forecast of the Net Energy from the then-current forecast. The Parties shall cooperate to implement and use automatic forecast updates to the extent feasible. Without limiting the foregoing, appropriate security systemsBuyer shall utilize availability data provided by Seller to create rolling forecast of expected Net Energy production, including provision by hour, for fitting CCTV systemsthe next forty-eight (48) hours. To the extent Seller provides such forecasts it shall prepare such forecasts and updates (or cause such forecasts and updates to be prepared) by utilizing a solar prediction model or service (a) that is commercially available or proprietary to Seller or an Affiliate of Seller, waste management systemsand (b) reasonably comparable to models or services commonly used in the solar energy industry and that reflect solar availability, cleaning systems, etcso long as such model or service is available at a commercially reasonable cost. (ic) not do In the event that Seller has any information or omit other commercially reasonable basis to do believe that the production from the Facility on any act, deed day will be materially lower or thing which may in any manner higher than what would otherwise be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance with the provisions thereof; (k) make adequate provisions for safety of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents expected based on the Project Siteforecasts provided pursuant to Section 6.1, then Seller will inform Buyer of such circumstance by 0500 Eastern Prevailing Time on the preceding Business Day.

Appears in 1 contract

Samples: Power Purchase Agreement

General Obligations. Subject to 4.1 You must ensure that you and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Periodyour Representatives: (a) Protect the Project Site at all times comply with this Agreement and the Project Facilities from any encroachments or Encumbrances, or illegal activities.all Applicable Laws; (b) Ensure that the Project Site and the Project Facilities is do not used for use any activities which are prohibited under the Applicable Laws.AMP name or logo other than as expressly authorised by AMPFS in writing; (c) Procure do not wilfully act in a manner which could foreseeably damage the good name and maintain in full force and effectreputation of AMPFS, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.AMP Product Issuers or AMP; (d) Pay all taxes including GST, property tax, duties (including stamp duties) and outgoings, utility charges relating do not do any act which may cause AMPFS or the AMP Product Issuers to the execution be in breach of the Agreement, development of Project Facilities and operation & management thereof.Applicable Laws; (e) Make efforts to maintain harmony and good industrial relations among do not distribute the personnel employed in connection with the performance AMP Products outside of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer;Australia; and (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law do not alter any document provided by AMPFS, other than as expressly authorised by AMPFS in performance by them writing. 4.2 You must: (a) promptly notify AMPFS if you become aware: (i) that you or your Representative is in breach of the Developer’s this Agreement which may have a material adverse effect on your ability to perform your obligations under this Agreement; (gii) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do any cancellation or omit to do any act, deed suspension of your AFSL or thing a variation of your AFSL which may in any manner be violative of any of the provisions of adversely affect your ability to perform your obligations or exercise you rights under this Agreement; (jiii) transfer of any complaint by or dispute with a Client or proposed Client which may give rise to a claim against AMPFS or any AMP Product Issuer. (b) do all things reasonably required by AMPFS in order for the Project Site and Project Facilities to Authority upon Termination of this Agreement, in accordance AMP Product Issuers to: (i) comply with the provisions thereof; (k) make adequate provisions for safety Applicable Laws in respect of the users and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Lawsdistribution of AMP Products under your AFSL; and (lii) deal with any issues, enquiries and complaints (including by any regulatory body) arising as a consequence of this Agreement or the provision of financial services in relation to the AMP Products under your AFSL; and (c) ensure that during the term of this Agreement there is in force: (i) an adequate professional indemnity insurance policy covering you and your Representatives in relation to the provision of financial services pursuant to this Agreement; and (ii) a policy covering any dishonest, fraudulent, criminal or malicious act or omission of any Representatives for an amount, in respect of any single claim, of not less than one million dollars or such other amount as AMPFS may notify to you; and provide emergency medical aidAMPFS, as set forth in at its request, a copy of the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services certificate of currency for victims each of accidents on the Project Sitepolicies.

Appears in 1 contract

Samples: Distribution Agreement

General Obligations. Subject a. The Concessionaire shall observe, undertake, comply with and perform the following obligations, in addition to and on not in derogation of its obligations elsewhere set out in this Concession: 1. Take over the possession of the Project Site from the Authority, provided it is being delivered in accordance with the provisions of Article 4.1 and safeguard and use the Project Site solely for the purpose of discharging its obligations under this Concession Agreement; 2. Obtain any and all permits, necessary approvals, clearances and sanctions from the Competent Authority, for infrastructure facilities including power, water supply, drainage & sewerage, firefighting, telecommunications etc., as and when they may be required, for the Concessionaire and its employees to perform their obligations under this Concession Agreement; 3. Pay Bills/ Taxes/ Charges as applicable under local Municipal Act or as levied by the concerned Municipal Corporation from time to time 4. Comply and observe at all times with all Applicable Permits, approvals and applicable laws, norms/ standards in the performance of its obligations under this Agreement including those being performed by any of its Subcontractors; 5. Make arrangements and procurement of firm commitment for financing the Project and achieve Financial Close and deliver complete evidence to the Authority that Financial Close has been accomplished, within a period of 90 (ninety) days from the Effective Date. As and when these documents are approved by the Lenders, with or without modifications, true notarized copies of the Financing Package, Financing Documents & the Financial Model shall be furnished by the Concessionaire to the Authority forthwith. The soft copy of the Financing Package, Financing Documents and the Financial Model shall also be provided; 6. Carry out the Works strictly in accordance with the provisions of this Concession Agreement, the Technical Requirements, Performance Standards, the Project Implementation Schedule and the Schedules of this Concession Agreement, and all works not mentioned in this Concession Agreement but which may be inferred to be necessary for safe, reliable and efficient operation of the Works; 7. Undertake to complete operation and maintenance in concession period, provided that the Concessionaire shall not be in breach of this concession agreement if any such non‐fulfillment or the delay of its obligation are caused by: (i) the occurrence of an event of Force Majeure or (ii) any other act or omission of the Authority in contravention of its obligations under this Agreement; 8. Obtain for all required accreditation, approval and clearances from the relevant central and state government /department/authority for the operation of Food Court., within 3 (three) months from the date of issuance of the Certificate of Compliance or Provisional Certificate whichever is earlier; 9. Ensure that the Food Court shall be used for the intended purpose only as agreed between the Parties; 10. Shall have the right to sub‐license the use of designated area of the Project, during the subsistence of this Concession Agreement only with a clear stipulation that sub‐license granted shall terminate simultaneously with the termination of this Concession Agreement including any sooner determination of the Concession Period for any reason whatsoever. All contracts, agreements or arrangements with sub‐licensees shall specifically stipulate this covenant of termination of the sub‐license rights and further that the sub‐ licensee shall not have any claim whatsoever against the Authority for any such termination. The Concessionaire shall prepare a draft standard format of the sub-license arrangement/ agreement which the Concessionaire will be required to sign with the sub‐licensee for the use of the designated area of the Project. The Concessionaire shall furnish the copy of such agreement/ arrangement to Authority for its record.. In case of any deviation from the Concession Agreement in any particular circumstances, which supersedes or adversely effects Authority’s terms and conditions covenants, prior written consent of the Authority shall be taken before entering into any such agreement with sub‐licensees; 11. Ensure that the sub‐license agreement/arrangement shall be maximum for a period of 3 (three) years at a time.; 12. Ensure that the use of the Project Site is restricted to the Article 2 and Schedule III (Broad Scope of Work) of this Agreement. 13. Carry out its obligations/duties with regard to the O&M of the Project in accordance with the Schedules to this Concession Agreement. The obligations shall include all work which is necessary to satisfy the Schedules, Technical Requirements and Performance Standards or is implied by this Concession Agreement, or arises from any obligation of the Developer Concessionaire, and all duties not mentioned in this Concession Agreement, but which may be inferred to be necessary for the safe, reliable and efficient operation of the Project; 14. Operate and maintain the Project and all its components, including maintaining necessary records, for the periods stipulated herein after, as per the Technical Requirements and Performance Standards set out, and shall remedy any defects within the Concession Period. The Concessionaire shall provide all superintendence, labour, plant, materials, equipment, and all such other things for such operation and maintenance (including remedying of defects); 15. Be responsible from the date of issuance of the Certificate of Compliance for all liabilities arising out of design, operation and maintenance of the Project; 16. Take full responsibility for the adequacy, stability and safety of all Project Site operations, of all methods of temporary construction, operation and maintenance of the Project, irrespective of any approval or consent by the Authority; 17. Submit to the Authority certified true copies of each of the Project Agreements and any further replacement, amendment or modifications within 7 (seven) days of their execution; 18. Be responsible for safety, soundness and durability of the Project, including other structures, services forming part thereof and their compliance with the local building byelaws; 19. Ensure that no structural damage is caused to the existing building(s) and other permanent structures at the Project Site as a result of Concessionaire’s activities or any of its agents, contractors, tenants, sub‐ licensees etc.; 20. Pay at its own cost all applicable existing and expense during the Agreement Period: (a) Protect the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities. (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited under the Applicable Laws. (c) Procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits future taxes/ charges/ fees/ levies including the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws. (d) Pay all taxes including GST, property tax, duties (services tax, stamp duty, registration charges and any other legal documentation charges, if any, in respect of Food Court including stamp duties) Project Site, as leviable; 21. Duly supervise, monitor and outgoingscontrol the activities of Contractors, utility charges relating to the execution of the Agreementsubcontractors, development of their employees and agents under their respective Project Facilities and operation & management thereof.Agreements as may be necessary; (e) Make efforts to maintain 22. Ensure harmony and good industrial relations among amongst the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them of the DeveloperConcessionaire’s obligations under this Agreement; (g) Pay 23. Obtain and maintain in force all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etc. (i) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (j) transfer the Project Site and Project Facilities to Authority upon Termination of this Agreement, insurance in accordance with the provisions thereofof this Agreement and Good Industry Practice; 24. Take all reasonable precautions for the prevention of accidents on or about the Food Court/Project Site and provide all reasonable assistance and emergency medical aid to accident victims; 25. Not to permit any contractor, sub‐licensees or other person, claiming through or under the Concessionaire, to create or place any Encumbrances or security interest (kthe “Security Interest”) make adequate provisions for safety over all or any part of Project Site or the Project Assets (the “Project Assets”) or on any rights of the users Concessionaire therein or under this Agreement, save and except as expressly permitted in this Agreement; 26. Ensure that such Project Site remains free from all Encumbrances, encroachments and trespass during the entire Concession Period; 27. Provide all assistance to the Independent Engineer/ expert/ independent auditor/ arbitrator as it may require for emergency evacuation in accordance the performance of their duties and services; 28. At all times, to afford access to the Project Site to the authorized representatives of Authority, Lenders, other persons duly authorized by any governmental agency having jurisdiction over the Project, to inspect the Food Court and to investigate any matter within their authority and upon reasonable notice; 29. Remain solely and primarily responsible to Authority for observance of all the provisions of this Concession Agreement on behalf of the Concessionaire, its employees and representatives and further on behalf of the sub‐ licensees, their employees and agents and any person acting under or for and on behalf of the Concessionaire or the sub‐licensees as fully as if they were the acts or defaults of the Concessionaire, its agents or employees; 30. Remain liable for and to indemnify, protect, defend and hold harmless Authority, Authority’s officers, employees and agents from and against any and all demands, claims, suits and causes of action and any and all liability, costs, expenses, settlements and judgments arising out of the failure of the Concessionaire to discharge its obligations under this Article 8.1 and to comply with the Approved Project Development Plan and the provisions of Applicable Laws; 31. Acknowledge and recognize that time is of the essence of this Agreement and that the performance of its obligations shall be construed accordingly; 32. Remain at all times, responsible and liable for all its obligations under this Agreement notwithstanding anything contained in any other agreement, and no default under any agreement shall excuse the Concessionaire from its obligations or liability hereunder; 33. The Concessionaire may undertake development of Project by itself or through one or more contractors possessing requisite technical, financial and managerial expertise/capability; but in either case, the Concessionaire shall remain solely responsible to meet the scope of work as mentioned in this Agreement; 34. Pay in a timely manner the Annual Concession Fee at all time during the Concession period; 35. Timely furnish the Performance Security as per the terms of the Concession Agreement; and (l) provide emergency medical aid, as set forth 36. Make good the shortfall in the Approved Project Development Plan, Applicable Laws and Performance Security in accordance with Applicable Permitsa timely manner. 37. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims Pay upfront fee as per the terms of accidents on the Project Site.Concession Agreement in timely manner

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement Period4.4.1 The Concessionaire shall: (a) Protect perform and fulfill all of the Concessionaire’s obligations with respect to the Project Site set out in Appendix III: Scope of work of the Concessionaire and Appendix-V of the RFP (Appendix-V: Cluster Information for C&D Project) and under this Agreement and the Project Facilities from any encroachments or Encumbrances, or illegal activities.Selected Bidder’s obligations under the LOA; (b) Ensure that the Project Site and the Project Facilities is not used for any activities which are prohibited obtain all Applicable Approvals as required by or under the Applicable Laws.Law and be in compliance thereof at all times during the Term; (c) Procure comply with Applicable Law (including without limitation all public and labor related laws and health, safety, and sanitation laws, as then in force) governing the operations of Project (including electricity generation) at all times during the Term; (d) endeavour to improve the ancillary conditions and infrastructure related to the Project, (e) procure and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including permissions for materials, methods, processes and systems used in or incorporated into the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.Project; (df) Pay all taxes including GST, property tax, duties (including stamp duties) right to enter into sub-contracts for the purposes of and outgoings, utility charges relating subject to the execution terms of the this Agreement, development of Project Facilities and operation & management thereof.; (eg) Make make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of its obligations under this Agreement and shall be solely responsible for compliance with all labour laws and be solely liable for all possible claims and employment related liabilities of its staff employed in relation with the Project Facilities. The Developer shall indemnify and hereby agrees to keep the Authority indemnified against any claims, damages, expenses or losses in this regard and in no case the and for no purpose shall Authority shall and/or Authority be treated as employer; (f) Ensure and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in performance by them the employers of the Developer’s obligations under Concessionaire, in this Agreementregard; (g) Pay all utility charges (including electricity consumption and water supply charges) relating to the Project Facilities. (h) Provide adequate lighting be responsible for all the health, security, environment and ventilations devices, rain water harvesting, utilization safety aspects of waste water, landscaping, appropriate security systems, including provision for fitting CCTV systems, waste management systems, cleaning systems, etcthe Project at all times during the Term. (i) not do or omit ensure that the Project remains free from all encroachments and take all steps necessary to do any actremove encroachments, deed or thing which may in any manner be violative if any; (j) upon receipt of any a request thereof, afford access to the Project to the authorised representatives of Authority for the provisions purpose of ascertaining compliance with the terms, covenants and conditions of this Agreement; (jk) bear all expenses towards uniforms, safety gear and waste handling equipment to all the waste lifters and drivers; (l) ensure that the Project is operational on all calendar days of the year; (m) be responsible for the conduct of its staff employed for this Project while on duty; (n) shall obtain the approval from transport department as applicable and obtain fitness certificate for the vehicles each year before the due date and shall bear any cost or expense associated with this; (o) to operate, maintain, repair, renovate and augment the Project Assets and Project Facilities, in accordance with, inter alia, the Applicable Laws, Applicable Approvals and the requirements; (p) commence collection and transportation of the C&D Waste from Designated Collection/Waste Generation Points/Generators within the Project Area within 30 (Thirty) days of the Compliance Date; (q) The collected waste prior to setting up of plant shall be transported and stored by concessionaire at the site of the C&D Waste Processing Facility. (r) procure, acquire and put into place at its own cost and expenses all the Project Assets and Project Facilities required by the Concessionaire to implement the Project during the Pre-COD Period so as to achieve COD within the time stipulated in this Agreement; (s) promptly rectify and remedy any defects or deficiencies, if any pointed out by the Authority in the Inspection Report and furnish a report within the stipulated time period in respect thereof to the Authority; (t) to carry out all necessary test(s) and get the approvals as per Applicable Law and in conformity with Good Industry Practices, prior to achieving COD; (u) to pay all taxes, duties and outgoings, including utility charges relating to the Project; and (v) transfer the Project Site and Project Facilities to the Authority upon expiry or early Termination of this Agreement, in accordance with the provisions thereof;hereof. (kw) make adequate provisions for safety provide live GPS feed of movement of transportation vehicles to the Authority and set up an online monitoring system to enable the Authority to keep track of the users and for emergency evacuation in accordance with activities being performed by the Approved Project Development Plan and the Applicable Laws; andConcessionaire. (lx) provide emergency medical aid, as set forth Ensure that the driver/helper employed by the Concessionaire shall geo tag both start and end point of the trip through GPS enabled handheld device along with an upload of a picture of waste collection site on the online monitoring system. (y) be responsible and indemnify the Authority for any accident due to negligence or otherwise in the Approved Project Development Plan, Applicable Laws performance of the project. (z) submit compliance as required to environmental agency and shall provide all information related to project as would be required by the Authority pursuant to any RTI query or any issue raised in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims of accidents on the Project SiteState assembly / Parliament.

Appears in 1 contract

Samples: Concession Agreement

General Obligations. Subject to and on the terms and conditions of this Agreement, the Developer shall at its own cost and expense during the Agreement PeriodThe Service Provider agrees to: (a) Protect Operate under a constitution that complies with the Project Site and the Project Facilities from any encroachments or Encumbrances, or illegal activities.Associations Incorporation Act 2009 (NSW); (b) Ensure that Provide the Project Site Service subject to the provisions of this agreement and consistent with requirements of the Project Facilities is not used for any activities which are prohibited under the Applicable Laws.Act; (c) Procure Submit a proposed draft Deliverables Plan using the Deliverables Plan Template to CN within one month of the Start Date of this Agreement, to include a budget outlining key operational actions and maintain in full force and effect, as necessary, appropriate proprietary rights, licenses, agreements and Applicable Permits including expenditure under the permits set out in Schedule 4 and keep in force in conformity with the Applicable Laws.following categories: (i) Beautification (ii) Promotion (iii) Economic Development (iv) Governance (d) Pay all taxes including GSTOnly use the Service Fee for the purpose of beautifying, property taxpromoting and developing the area as specifically agreed to in the Deliverables Plan approved by CN. For clarity, duties (including stamp duties) and outgoingsSR Funds must not be used for administration costs, utility charges relating employee costs or used for any other costs related to the execution operation of the Agreement, development of Project Facilities and operation & management thereof.Service Provider unless approved in writing by CN; (e) Make efforts Secure and maintain any consent, authority, permit, licence or certificate required to maintain harmony meet its obligations under this Agreement. For clarity, approval of a Deliverables Plan does not imply that CN has given any other consent. The Service Provider should note that many activities require approvals and good industrial relations among consents from CN, and other government agencies and that they are wholly responsible for obtaining such approvals. Failure to obtain approvals will void the personnel employed Agreement and may result in connection funding being revoked even when works have been completed; (f) Provide CN with a copy of the agenda of all committee meetings not less than 14 days prior to that committee meeting; (g) Provide CN with a copy of the minutes of all committee meetings within 14 days of the minutes being adopted, to include a summary of deliberations, resolutions and progress against the Deliverables Plan, with a meeting minutes template structured under the following categories: (i) Beautification (ii) Promotion (iii) Economic Development (iv) Governance (h) Provide the Support Officer with, for publication on CN’s website, the minutes of all meetings, agenda items and reports relating to the expenditure of the Service Fee within 14 days; (i) Provide a standing invitation to CN’s nominated representative to be present at all committee meetings for agenda items involving discussion of the expenditure of the Service Fee; (j) Provide a standing invitation to all CN councillors representing the xxxx relevant to the Newcastle City special rate area to be present at all Committee meetings for agenda items involving discussion of the expenditure of the Service Fee. Councillors must be provided at a minimum one (1) week's notice of the meeting. Committee meetings should not be held on Tuesday evenings to avoid clashes with CN Council meetings; (k) Provide CN with any records or files (financial or otherwise) relating to the performance of its obligations under this Agreement and shall agreement within 7 days of the request. Inspection of records or files may be solely responsible for compliance with all labour laws and all possible claims and employment related liabilities sufficient to satisfy this obligation at the discretion of its staff employed in relation with the Project Facilities. The Developer shall indemnify the Authority against any claims, damages, expenses or losses in this regard and in no case the Authority shall be treated as employerCN; (fl) Ensure In the instance of a Performance Review under clause 4.1, to fully co- operate with CN or CN’s contractors conducting the review. This includes, providing without limitation, access to the Service Provider’s premises, employees, records, documents and procure its Contractors obtain all Applicable Permits and comply with Applicable Law in papers that relate directly or indirectly to the performance by them of the DeveloperService Provider’s obligations under this Agreementagreement; (gm) Pay all utility charges Fully co-operate with CN’s auditors nominated under clause 4.2; (including electricity consumption n) Ensure that where any of its obligations under this Agreement are performed under a subcontract, any subcontract contains equivalent clauses permitting CN and water supply charges) relating CN’s nominated auditors to have access to the Project Facilities.employees, premises and accounts, records, documents and papers of the subcontractor to the extent provided for in clauses 3 and 4 in relation to the expenditure of SR Funds; (ho) Provide adequate lighting Publicly acknowledge CN's support including, for example, the inclusion of CN's restricted logo on advertising and ventilations devices, rain water harvesting, utilization of waste water, landscaping, appropriate security systems, including provision collateral and through invitations to events and functions for fitting CCTV systems, waste management systems, cleaning systems, etc.CN representative/s; (p) Use CN’s restricted logo in accordance with Schedule 2 and must: (i) not do or omit to do any act, deed or thing which may Not modify the restricted logo in any manner be violative way without the consent of any of the provisions of this AgreementCN; (jii) transfer Obtain approval from CN prior to publishing, producing, printing or distributing any material containing the Project Site and Project Facilities to Authority upon Termination of this Agreement, restricted logo; (iii) Use the Restricted Logo in accordance with the provisions thereofCN's Logo Usage Guidelines at Schedule 2; (kq) make adequate provisions for safety Attend, at least once per year, an Ideas Exchange hosted by CN. The Service Provider must present to the Ideas Exchange, with the presentation to include: (i) Project outcomes as provided in its Deliverables Plan; (ii) An outline of the users highlights and for emergency evacuation in accordance with the Approved Project Development Plan and the Applicable Laws; and (l) provide emergency medical aid, as set forth in the Approved Project Development Plan, Applicable Laws and in accordance with Applicable Permits. The Developer shall set up and operate and maintain a medical aid post and ambulance services for victims challenges of accidents on the Project Siteits project experiences.

Appears in 1 contract

Samples: Service Agreement

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