Common use of Handback Clause in Contracts

Handback. 23.2.1 During the Transition Assistance Period, the Authority will provide written notice to the Operator setting out the components of the Project Facilities including the Bus Depot owned by Authority which is required to be handed back/ transferred back to the Authority and/or its successor operator during the course of the transition phase; 23.2.2 By the end of the Transition Assistance Period, the Operator shall have handed over without payment of any monies and free from Encumbrances, the peaceful possession of Bus Depot, Parking Space (if any) or any other immovable and movable assets such as equipment, plant or machinery, etc. forming part of the Project Facilities as per the tabulation in Schedule VI handed over/ provided by the Authority to the Operator for implementing the Project in sound condition normal wear and tear excepted as well as all the documents, materials and software as specified in Clause 23.1 above; 23.2.3 The Operator is allowed to take away any temporary structures, equipment, machinery, consumables, etc. (more particularly detailed in Schedule VI) as erected or procured by it at its own cost, for the execution of the Project in accordance with the provisions of this Contract unless the Authority decides to buyback the same in terms of Clause 23.2.8; 23.2.4 A joint inspection shall be undertaken 2 (two) months before the Expiry Date. The Authority may direct the Operator in writing to undertake any repairs to the Bus Depot, Parking Space (if any) or any other immovable assets forming part of the Project Facilities that may have been provided by the Authority to the Operator during the Transition Assistance Period; 23.2.5 The Operator shall undertake the necessary repairs/ improvement and intimate the Authority in writing within 20 (twenty) days of the commencement of the Transition Assistance Period; 23.2.6 The Authority shall within a period of 5 (five) days inform the Operator in writing whether the suggested improvements have been satisfactorily undertaken or not. If not, the Operator shall be again instructed to remove the deficiencies and if the Operator again fails to do so, then an amount equivalent to the amount required to undertake the work shall be deducted from the Performance Security; 23.2.7 The Parties shall cooperate on a best effort basis and take all necessary measures, in good faith, to achieve a smooth handover of the Project in accordance with the provisions of this Contract so as to protect the safety of and avoid undue delay or inconvenience to the passengers, other members of the public or the lawful occupiers of any part of the Project Facilities; 23.2.8 The Authority shall have the option to purchase or hire from the Operator at a fair market value and free from Encumbrance all or any part of any temporary structures, any equipment, machinery, consumables, etc. procured by the Operator at its own cost and used in connection with the Project at mutually agreed rates that may be required in connection with operation of the Bus Depot by the Authority after Termination Date or Expiry Date, as the case may be.

Handback. 23.2.1 During the Transition Assistance Period, the Authority will provide written notice to the Operator setting out the components of the Project Facilities including the Bus Depot owned by Authority Authority, which is required to be handed back/ transferred back 83 [Drafting Note: Delete this provision if the Buses are being procured by the Authority and replace with the words "intentionally left blank"] to the Authority and/or its successor operator during the course of the transition phase; 23.2.2 By the end of the Transition Assistance Period, the Operator shall have handed over without payment of any monies and free from Encumbrances, the peaceful possession of [all Buses]84, Bus Depot, Parking Space (if any) or any other immovable and movable assets such as equipment, plant or machinery, etc. forming part of the Project Facilities as per the tabulation in Schedule VI handed over/ provided by the Authority to the Operator for implementing the Project in sound condition normal wear and tear excepted as well as all the documents, materials and software as specified in Clause 23.1 above; 23.2.3 The Operator is allowed to take away any temporary structures, equipment, machinery, consumables, etc. (more etc.(more particularly detailed in Schedule VI) as erected or procured by it at its own cost, for the execution of the Project in accordance with the provisions of this Contract unless the Authority decides to buyback buy back the same in terms of Clause 23.2.823.2.10; 23.2.4 A joint inspection shall be undertaken 2 (two) months before the Expiry Date. The Authority may direct the Operator in writing to undertake any repairs to the Bus Depot, Parking Space (if any) or any other immovable assets forming part of the Project Facilities that may have been provided by the Authority to the Operator during the Transition Assistance Period; 23.2.5 The Operator shall undertake the necessary repairs/ improvement and intimate the Authority in writing within 20 (twenty) days of the commencement of the Transition Assistance Period; 23.2.6 The Authority shall within a period of 5 (five) days inform the Operator in writing whether the suggested improvements have been satisfactorily undertaken or not. If not, the Operator shall be again instructed to remove the deficiencies and if the Operator again fails to do so, then an amount equivalent to the amount required to undertake the work shall be deducted from the Performance Security; 23.2.7 The Parties shall cooperate on a best effort basis and take all necessary measures, in good faith, to achieve a smooth handover of the Project in accordance with the provisions of this Contract so as to protect the safety of and avoid undue delay or inconvenience to the passengers, other members of the public or the lawful occupiers of any part of the Project Facilities; 23.2.8 The Authority shall have the option to purchase or hire from the Operator at a fair market value and free from Encumbrance all or any part of any temporary structures, any equipment, machinery, consumables, etc. procured by the Operator at its own cost and used in connection with the Project at mutually agreed rates that may be required in connection with operation of the Bus Depot by the Authority after Termination Date or Expiry Date, as the case may be.

Handback. 23.2.1 During the Transition Assistance Period, the Authority will provide written notice to the Operator setting out the components of the Project Facilities including the Bus Depot owned by Authority which is required to be handed back/ transferred 72 [Drafting Note: Delete this provision, if the Buses are being procured by the Authority and replace with the words "intentionally left blank"] back to the Authority and/or its successor operator during the course of the transition phase; 23.2.2 By the end of the Transition Assistance Period, the Operator shall have handed over back without payment of any monies and free from Encumbrances, the peaceful possession of [Buses]73, Bus Depot, Parking Space (if any) or any other immovable and movable assets such as equipment, plant or machinery, etc. forming part of the Project Facilities Facility as per the tabulation in Schedule VI handed over/ provided by the Authority to the Operator for implementing the Project Project, in sound condition subject to normal wear and tear excepted as well as all the documents, materials and software as specified in Clause 23.1 above; 23.2.3 The Operator is allowed to take away any temporary structures, equipment, machinery, consumables, etc. (more etc.(more particularly detailed in Schedule VI) as erected or procured by it at its own cost, for the execution of the Project in accordance with the provisions of this Contract unless the Authority decides to buyback the same in terms of Clause 23.2.8; 23.2.4 A joint inspection shall be undertaken 2 (two) months before the Expiry Date. The Authority may direct the Operator in writing to undertake any repairs to the Bus Depot, Parking Space (if any) or of any other immovable assets forming part of the Project Facilities that may have been provided by the Authority to the Operator during the Transition Assistance Period; 23.2.5 The Operator shall undertake the necessary repairs/ improvement and intimate the Authority in writing within 20 (twenty) days of the commencement of the Transition Assistance Period; 23.2.6 The Authority shall within a period of 5 (five) days inform the Operator in writing whether the suggested improvements have been satisfactorily undertaken or not. If not, the Operator shall be again instructed to remove the deficiencies and if the Operator again fails to do so, then an amount equivalent to the amount required to undertake the work shall be deducted from the Performance Security; 23.2.7 The Parties shall cooperate on a best effort basis and take all necessary measures, in good faith, to achieve a smooth handover of the Project in accordance with the provisions of this Contract so as to protect the safety of and avoid undue delay or inconvenience to the passengers, other members of the public or the lawful occupiers of any part of the Project Facilities;; 23.2.8 The Authority shall have the option to purchase or hire from the Operator at a fair market value and free from Encumbrance all or any part of any temporary structures, any equipment, machinery, consumables, etc. procured by the Operator at its own cost and used in connection with the Project at mutually agreed rates that may be required in connection with operation of the Bus Depot by the Authority after Termination Date or Expiry Date, as the case may be.

Handback. 23.2.1 During the Transition Assistance Period, the Authority will provide written notice to the Operator setting out the components of the Project Facilities including the Bus Depot owned by Authority which is required to be handed back/ transferred 72 [Drafting Note: Delete this provision, if the Buses are being procured by the Authority and replace with the words "intentionally left blank"] back to the Authority and/or its successor operator during the course of the transition phase; 23.2.2 By the end of the Transition Assistance Period, the Operator shall have handed over without payment of any monies and free from Encumbrances, the peaceful possession of [Buses]73, Bus Depot, Parking Space (if any) or any other immovable and movable assets such as equipment, plant or machinery, etc. forming part of the Project Facilities as per the tabulation in Schedule VI handed over/ provided by the Authority to the Operator for implementing the Project in sound condition normal wear and tear excepted as well as all the documents, materials and software as specified in Clause 23.1 above; 23.2.3 The Operator is allowed to take away any temporary structures, equipment, machinery, consumables, etc. (more particularly detailed in Schedule VI) as erected or procured by it at its own cost, for the execution of the Project in accordance with the provisions of this Contract unless the Authority decides to buyback the same in terms of Clause 23.2.8; 23.2.4 A joint inspection shall be undertaken 2 (two) months before the Expiry Date. The Authority may direct the Operator in writing to undertake any repairs to the Bus Depot, Parking Space (if any) or any other immovable assets forming part of the Project Facilities that may have been provided by the Authority to the Operator during the Transition Assistance Period; 23.2.5 The Operator shall undertake the necessary repairs/ improvement and intimate the Authority in writing within 20 (twenty) days of the commencement of the Transition Assistance Period; 23.2.6 The Authority shall within a period of 5 (five) days inform the Operator in writing whether the suggested improvements have been satisfactorily undertaken or not. If not, the Operator shall be again instructed to remove the deficiencies and if the Operator again fails to do so, then an amount equivalent to the amount required to undertake the work shall be deducted from the Performance Security; 23.2.7 The Parties shall cooperate on a best effort basis and take all necessary measures, in good faith, to achieve a smooth handover of the Project in accordance with the provisions of this Contract so as to protect the safety of and avoid undue delay or inconvenience to the passengers, other members of the public or the lawful occupiers of any part of the Project Facilities; 23.2.8 The Authority shall have the option to purchase or hire from the Operator at a fair market value and free from Encumbrance all or any part of any temporary structures, any equipment, machinery, consumables, etc. procured by the Operator at its own cost and used in connection with the Project at mutually agreed rates that may be required in connection with operation of the Bus Depot by the Authority after Termination Date or Expiry Date, as the case may be.

Handback. 23.2.1 During the Transition Assistance Period, the Authority will provide written notice to the Operator setting out the components of the Project Facilities Facility including the Bus Depot owned by Authority Authority, which is required to be handed back/ back / transferred back to the Authority and/or its successor operator during the course of the transition phase; 23.2.2 By the end of the Transition Assistance Period, the Operator shall have handed over without payment of any monies and free from Encumbrances, the peaceful possession of all Buses, Bus Depot, Parking Space (if any) or any other immovable and movable assets such as equipment, plant or machinery, etc. forming part of the Project Facilities as per the tabulation in Schedule VI handed over/ provided by the Authority to the Operator for implementing the Project in sound condition normal wear and tear excepted as well as all the documents, materials and software as specified in Clause 23.1 above; 23.2.3 The Operator is allowed to take away any temporary structures, equipment, machinery, consumables, etc. (more etc.(more particularly detailed in Schedule VI) as erected or procured by it at its own cost, for the execution of the Project in accordance with the provisions of this Contract unless the Authority decides to buyback buy back the same in terms of Clause 23.2.823.2.10; 23.2.4 A joint inspection shall be undertaken 2 (two) months before the Expiry Date. The Authority may direct the Operator in writing to undertake any repairs to the Bus Depot, Parking Space (if any) or any other immovable assets forming part of the Project Facilities Facility that may have been provided by the Authority to the Operator during the Transition Assistance Period; 23.2.5 The Operator shall undertake the necessary repairs/ improvement and intimate the Authority in writing within 20 (twenty) days of the commencement of the Transition Assistance Period; 23.2.6 The Authority shall within a period of 5 (five) days inform the Operator in writing whether the suggested improvements have been satisfactorily undertaken or not. If not, the Operator shall be again instructed to remove the deficiencies and if the Operator again fails to do so, then an amount equivalent to the amount required to undertake the work shall be deducted from the Performance Security; 23.2.7 The Parties shall cooperate on a best effort basis and take all necessary measures, in good faith, to achieve a smooth handover of the Project in accordance with the provisions of this Contract so as to protect the safety of and avoid undue delay or inconvenience to the passengers, other members of the public or the lawful occupiers of any part of the Project Facilities; 23.2.8 The Authority shall have the option to purchase or hire from the Operator at a fair market value and free from Encumbrance all or any part of any temporary structures, any equipment, machinery, consumables, etc. procured by the Operator at its own cost and used in connection with the Project at mutually agreed rates that may be required in connection with operation of the Bus Depot by the Authority after Termination Date or Expiry Date, as the case may be.

Handback. 23.2.1 During 41.1 Upon the Transition Assistance Period, the Authority will provide written notice to the Operator setting out the components date of the Project Facilities including the Bus Depot owned expiry of this Agreement by Authority which is required to be handed back/ transferred back to the Authority and/or its successor operator during the course effluxion of the transition phase; 23.2.2 By the end of the Transition Assistance Period, the Operator shall have handed over without payment of any monies and free from Encumbrances, the peaceful possession of Bus Depot, Parking Space (if any) or any other immovable and movable assets such as equipment, plant or machinery, etc. forming part of the Project Facilities as per the tabulation in Schedule VI handed over/ provided by the Authority to the Operator for implementing the Project in sound condition normal wear and tear excepted as well as all the documents, materials and software as specified in Clause 23.1 above; 23.2.3 The Operator is allowed to take away any temporary structures, equipment, machinery, consumables, etc. (more particularly detailed in Schedule VI) as erected or procured by it at its own cost, for the execution of the Project time in accordance with the provisions of Clause 3.1 (the "Expiry Date"), the Contractor is obliged to ensure that all Sites, (other than the Capel Landfill Site), Facilities and Equipment shall comply with the following provisions of this Contract unless the Authority decides to buyback the same in terms of Clause 23.2.8;41. 23.2.4 A joint inspection shall be undertaken 2 (two) 41.2 Not less than 24 months before the Expiry DateDate the Contractor shall provide the Council with a list of the equipment that the Contractor has used and is necessary or useful to carry on the provision of the Services (the "Asset Register"). 41.3 The Asset Register shall be made, inter alia, on the assumption that the Service Specification shall continue to be complied with after the Agreement has expired. 41.4 The Council may, within 60 days after the receipt of the Asset Register by notice to the Contractor (the "Asset Register Objection Notice") object to the list of equipment as set out in the Asset Register. The Authority Asset Register Objection Notice shall give grounds for such objection and shall give the Council's proposals in respect of the Asset Register. If no agreement is reached between the Contractor and the Council as to any matter referred to in the Asset Register Objection Notice within 60 days, then either the Contractor or the Council may direct refer the Operator in writing matter to undertake any repairs an Expert under Clause 51. 41.5 Not less than 24 months nor more than 27 months prior to the Bus Depot, Parking Space (if any) or any other immovable assets forming part of the Project Facilities that may have been provided by the Authority to the Operator during the Transition Assistance Period; 23.2.5 The Operator shall undertake the necessary repairs/ improvement and intimate the Authority in writing within 20 (twenty) days of the commencement of the Transition Assistance Period; 23.2.6 The Authority shall within a period of 5 (five) days inform the Operator in writing whether the suggested improvements have been satisfactorily undertaken or not. If notexpected Expiry Date, the Operator Contractor's Representative and the Council shall be again instructed to remove conduct a joint inspection (the deficiencies "Initial Inspection") of all the Sites, Facilities and if the Operator again fails to do so, then an amount equivalent to the amount required to undertake the work shall be deducted from the Performance Security; 23.2.7 The Parties shall cooperate on a best effort basis and take all necessary measures, in good faith, to achieve a smooth handover of the Project Equipment in accordance with the provisions Service Specification. 41.6 Within 90 days after the completion of this Contract so the Initial Inspection, the Contractor shall provide to the Council a report on the condition of all the Sites, Facilities and Equipment and a notice (the "Renewal Notice") setting out: 41.6.1 the Contractor's proposals as to protect the safety works or action of renewal, reconstruction, repair, replacement or reinstatement (the "Renewal Works") required to be carried out in respect of all the Sites, Facilities and avoid undue delay or inconvenience Equipment in order to procure that all the Sites, Facilities and Equipment will, on the Expiry Date, satisfy the Handback Requirements; 41.6.2 the Contractor's proposals as to the passengers, other members programme (the "Renewal Programme") for the carrying out of the public or Renewal Works over the lawful occupiers remainder of any part the Term; and 41.6.3 the Contractor's estimate of the cost of carrying out the Renewal Works (the 41.7 The proposals referred to in Clause 41.6.1 shall be made, inter alia on the assumption that the Sites, Facilities and Equipment will be maintained in accordance with the Service Specification for the remainder of the Project Facilities;Period. 23.2.8 41.8 The Authority shall have Council may, within 90 days after the option receipt of the Renewal Notice, by notice to purchase or hire from the Operator at a fair market value and free from Encumbrance all or any part Contractor (the "Objection Notice") object to the proposals in respect of any temporary structuresor all of the Renewal Works, the Renewal Programme and the Xxxxxxx Xxxxxx as set out in the Renewal Notice. The Objection Notice shall give details of the grounds for such objection and shall give the Council's proposals in respect of the Renewal Works and Renewal Programme and its estimate of the Renewal Amount. If no agreement is reached between the Contractor and the Council as to any equipmentmatter referred to in the Objection Notice within 60 days, machinerythen either the Contractor or the Council may refer the matter to an Expert under Clause 51. 41.9 The Contractor shall procure that the Renewal Works are carried out in accordance with the Renewal Programme. For the avoidance of doubt, consumables, etc. procured by the Operator Contractor shall procure at its own cost and used that the Renewal Works are carried out notwithstanding that the actual cost of the Renewal Works may be higher than the Renewal Amount. 41.10 For the avoidance of doubt, neither the agreement of the Council to any Renewal Works, Renewal Programme or Renewal Amount, nor the participation of the Council in connection any inspection under this Clause, nor the complete or partial carrying out of the Renewal Works shall relieve or absolve the Contractor from its obligation under this Clause or any obligation to conduct any other inspection or perform any other works in accordance with the Project at mutually agreed rates that may be required in connection with operation of Service Specification. 41.11 Not later than 7 days after the Bus Depot by the Authority after Termination Date or Expiry Date, the Contractor and the Council's Representative shall conduct a joint inspection of all Sites, Facilities and Equipment (the "Final Inspection") in accordance with the Service Specification. Within 14 days after the completion of the Final Inspection, the Council shall either issue to the Contractor a Handback Certificate or notify the Contractor in writing of its decision not to issue the Handback Certificate and state the reason for such decision (the "Refusal Notice"). The Council may refuse to issue the Handback Certificate only if the Contractor shall have failed to complete the Renewal Works or the Sites, Facilities or Equipment for any other reason would prejudice the ability of the Council to perform (or procure that a third party performs) all waste disposal and waste management services which it has a responsibility to perform (or procure the performance of) subsequent to the termination of this Agreement, save at additional cost to the Council. 41.12 The Refusal Notice shall set out each respect in which the Renewal Works have not been completed or the Sites, Facilities or Equipment do not comply with the Handback Requirements and shall state the Council's estimate of the cost of completing such Renewal Works and/or of procuring that the Sites, Facilities or Equipment comply in all respects with the Handback Requirements. The Contractor may, within 28 days after receipt of a Refusal Notice, by notice to the Council object to any matter set out in the Refusal Notice. The notice from the Contractor shall give details of the grounds for such objection and shall give the Contractor's proposals in respect of such matters. Any dispute arising out of this Clause may be referred to an Expert under Clause 51. 41.13 If it is agreed or determined by an Expert that the Contractor has not completed the Renewal Works or that the Sites, Facilities or Equipment do not comply in all respects with the Handback Requirements, then without prejudice to any other right or remedy of the Council, the Contractor shall pay to the Council an amount equal to the estimated cost of completing such Renewal Works or procuring that the Sites, Facilities or Equipment comply in all respects with the Handback Requirements, as agreed or determined by the case may beExpert (the "Handback Amount"). Such payment shall be made not later than 14 days after such estimated cost has been agreed or determined by the Expert. 41.14 Following agreement or other determination of the Renewal Works, the Renewal Programme and the Renewal Amount in accordance with this Clause 41, the Contractor shall, if the Council so requests, provide the Council with a bond to the value of the Renewal Amount to be released on issuance by the Council of the Handback Certificate under Clause 41.11 or the payment of the Handback Amount by the Contractor to the Council under Xxxxxx 41.13. 41.15 All Equipment listed in the Asset Register and to be replaced as part of the Renewal Works shall be replaced with equipment of same utility and value or, if no such equipment is available, with new equipment. 41.16 On handback, without prejudice to Clauses 24.2 and 37.1, all Equipment that the Council requires to provide the Services will be transferred or made available to the Council or to the Council's direction at no cost to the Council. 41.17 In this Clause the "Handback Requirements" in relation to the Sites, Facilities and Equipment and any of them, means the level of provision, state of repair and maintenance, suitability for purpose, standard, quality and condition which the Council would obtain if the Contractor had complied fully in all respects with its obligations under this Agreement (including, without limitation, the Service Specification and the Service Delivery Plan) and had otherwise at all times acted in accordance with Good Engineering and Construction Practices and Good Operating Practices and so as to ensure that the Sites, Facilities and Equipment vesting in the Council on the Expiry Date in accordance with this Agreement are fully operational, in good working order and capable of being taken over, carried on and operated immediately by the Council without interruption, delay or cost so as to continue to provide the residents of Surrey with such a service as is referred to in Clause 8.2.2 and as complies with Applicable Law.

Handback. 23.2.1 During the Transition Assistance Period, the Authority will provide written notice to the Operator setting out the components of the Project Facilities Facility including the Bus Depot owned by Authority Authority, which is required to be handed back/ back / transferred 81 [Drafting Note: Delete this provision, if the Buses are being procured by the Authority and replace with the words "intentionally left blank"] back to the Authority and/or its successor operator during the course of the transition phase; 23.2.2 By the end of the Transition Assistance Period, the Operator shall have handed over without payment of any monies and free from Encumbrances, the peaceful possession of [all Buses]82, Bus Depot, Parking Space (if any) or any other immovable and movable assets such as equipment, plant or machinery, etc. forming part of the Project Facilities as per the tabulation in Schedule VI handed over/ provided by the Authority to the Operator for implementing the Project in sound condition normal wear and tear excepted as well as all the documents, materials and software as specified in Clause 23.1 above; 23.2.3 The Operator is allowed to take away any temporary structures, equipment, machinery, consumables, etc. (more etc.(more particularly detailed in Schedule VI) as erected or procured by it at its own cost, for the execution of the Project in accordance with the provisions of this Contract unless the Authority decides to buyback buy back the same in terms of Clause 23.2.823.2.10; 23.2.4 A joint inspection shall be undertaken 2 (two) months before the Expiry Date. The Authority may direct the Operator in writing to undertake any repairs to the Bus Depot, Parking Space (if any) or any other immovable assets forming part of the Project Facilities Facility that may have been provided by the Authority to the Operator during the Transition Assistance Period; 23.2.5 The Operator shall undertake the necessary repairs/ improvement and intimate the Authority in writing within 20 (twenty) days of the commencement of the Transition Assistance Period; 23.2.6 The Authority shall within a period of 5 (five) days inform the Operator in writing whether the suggested improvements have been satisfactorily undertaken or not. If not, the Operator shall be again instructed to remove the deficiencies and if the Operator again fails to do so, then an amount equivalent to the amount required to undertake the work shall be deducted from the Performance Security; 23.2.7 The Parties shall cooperate on a best effort basis and take all necessary measures, in good faith, to achieve a smooth handover of the Project in accordance with the provisions of this Contract so as to protect the safety of and avoid undue delay or inconvenience to the passengers, other members of the public or the lawful occupiers of any part of the Project Facilities; 23.2.8 The Authority shall have the option to purchase or hire from the Operator at a fair market value and free from Encumbrance all or any part of any temporary structures, any equipment, machinery, consumables, etc. procured by the Operator at its own cost and used in connection with the Project at mutually agreed rates that may be required in connection with operation of the Bus Depot by the Authority after Termination Date or Expiry Date, as the case may be.