Common use of INDEPENDENT ENGINEER AND AUDITOR Clause in Contracts

INDEPENDENT ENGINEER AND AUDITOR. 13.1. Appointment of Independent Engineer & Auditor (IE&A) 13.1.1. The Authority shall within 150 (one hundred and fifty) days from the execution of this Agreement appoint a consulting firm, or a consortium of consulting firms, with expertise in engineering and post-harvest agriculture science, as the Independent Engineer & Auditor, referred to as „IE&A‟ herein for the Project as per guidelines contained in Schedule L. The appointment shall be initially made for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm as per guidelines laid down in Schedule L to be the Independent Engineer & Auditor for a period of 3 (three) years and such procedure shall be repeated after expiry of each appointment. 13.1.2. Prior to the appointment of the IE&A, the Authority shall inform the Concessionaire of the selection and intention of the Authority to appoint the selected firm as Independent Engineer & Auditor (“Selected Firm”) and the fee quoted by the selected firm. 13.1.3. The fee and related expenses of the IE&A shall be paid by the Authority. One half of such fee and related expenses shall be reimbursed, within 15 days of receipt of such intimation, by the Concessionaire. Such reimbursement shall be done by the Concessionaire to the Authority on a quarterly basis, or such periodicity as requested by the Authority. In case of failure to make such payments within the stipulated time, without prejudice to the remedies provided hereinbefore, the Authority shall have the right to recover such payments from the Storage and Handling Charges payable by the Authority as under Article 15. 13.1.4. The Authority may at its discretion select one firm, or a consortium of firms, as the Independent Engineer & Auditor for one or more than one Project. 13.2. Duties and functions 13.2.1. The IE&A shall, for the purposes of this Agreement, act for ensuring compliance of the Parties with this Agreement. The IE&A shall discharge its duties and functions substantially in accordance with the terms of reference set forth in Schedule-J. 13.2.2. The IE&A shall submit regular periodic reports (at least once every quarter) to the Authority in respect of its duties and functions set forth in Schedule-J.

INDEPENDENT ENGINEER AND AUDITOR. 13.1. Appointment of Independent Engineer & Auditor (IE&A) 13.1.1. The Authority shall within 150 (one hundred and fifty) days from the execution of this Agreement appoint a consulting firm, or a consortium of consulting firms, with expertise in engineering and post-harvest agriculture science, as the Independent Engineer & Auditor, referred to as „IE&A‟ ‘IE&A’ herein for the Project as per guidelines contained in Schedule L. The appointment shall be initially made for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm as per guidelines laid down in Schedule L to be the Independent Engineer & Auditor for a period of 3 (three) years and such procedure shall be repeated after expiry of each appointment. 13.1.2. Prior to the appointment of the IE&A, the Authority shall inform the Concessionaire of the selection and intention of the Authority to appoint the selected firm as Independent Engineer & Auditor (“Selected Firm”) and the fee quoted by the selected firm. 13.1.3. The fee and related expenses of the IE&A shall be paid by the Authority. One half of such fee and related expenses shall be reimbursed, within 15 days of receipt of such intimation, by the Concessionaire. Such reimbursement shall be done by the Concessionaire to the Authority on a quarterly basis, or such periodicity as requested by the Authority. In case of failure to make such payments within the stipulated time, without prejudice to the remedies provided hereinbefore, the Authority shall have the right to recover such payments from the Storage and Handling Charges payable by the Authority as under Article 15. 13.1.4. The Authority may at its discretion select one firm, or a consortium of firms, as the Independent Engineer & Auditor for one or more than one Project. 13.2. Duties and functions 13.2.1. The IE&A shall, for the purposes of this Agreement, act for ensuring compliance of the Parties with this Agreement. The IE&A shall discharge its duties and functions substantially in accordance with the terms of reference set forth in Schedule-J. 13.2.2. The IE&A shall submit regular periodic reports (at least once every quarter) to the Authority in respect of its duties and functions set forth in Schedule-J.

INDEPENDENT ENGINEER AND AUDITOR. 13.1. Appointment of Independent Engineer & Auditor (IE&A) 13.1.1. ) The Authority shall within 150 (one hundred and fifty) days from the execution of this Agreement appoint a consulting firm, or a consortium of consulting firms, with expertise in engineering and post-harvest agriculture science, as the Independent Engineer & Auditor, referred to as „IE&A‟ herein for the Project as per guidelines contained in Schedule L. The appointment shall be initially made for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm as per guidelines laid down in Schedule L to be the Independent Engineer & Auditor for a period of 3 (three) years and such procedure shall be repeated after expiry of each appointment. 13.1.2. Prior to the appointment of the IE&A, the Authority shall inform the Concessionaire of the selection and intention of the Authority to appoint the selected firm as Independent Engineer & Auditor (“Selected Firm”) and the fee quoted by the selected firm. 13.1.3. The fee and related expenses of the IE&A shall be paid by the Authority. One half of such fee and related expenses shall be reimbursed, within 15 days of receipt of such intimation, by the Concessionaire. Such reimbursement shall be done by the Concessionaire to the Authority on a quarterly basis, or such periodicity as requested by the Authority. In case of failure to make such payments within the stipulated time, without prejudice to the remedies provided hereinbefore, the Authority shall have the right to recover such payments from the Storage and Handling Charges payable by the Authority as under Article 15. 13.1.4. The Authority may at its discretion select one firm, or a consortium of firms, as the Independent Engineer & Auditor for one or more than one Project. 13.2. Duties and functions 13.2.1. functions The IE&A shall, for the purposes of this Agreement, act for ensuring compliance of the Parties with this Agreement. The IE&A shall discharge its duties and functions substantially in accordance with the terms of reference set forth in Schedule-J. 13.2.2. J. The IE&A shall submit regular periodic reports (at least once every quarter) to the Authority in respect of its duties and functions set forth in Schedule-J.J. Termination of appointment If the Authority has reason to believe that the IE&A is not discharging its duties and functions in a fair, efficient and diligent manner, the Authority may at its discretion terminate the appointment of IE&A. In the event that the appointment of the IE&A is terminated hereunder, the Authority shall engage forthwith another Independent Engineer & Auditor in accordance with Clause 13.1. If the Concessionaire has reason to believe that the IE&A is not discharging its duties and functions in a fair, efficient and diligent manner, it may make a written representation to the Authority and seek termination of the appointment of the IE&A. Upon receipt of such representation, the Authority shall hold a tripartite meeting with the Concessionaire and IE&A for an amicable resolution of the Dispute. The final decision to terminate the IE&A vests with the Authority. In the event that the appointment of the IE&A is terminated hereunder, the Authority shall forthwith engage another IE&A in accordance with Clause 13.1.

INDEPENDENT ENGINEER AND AUDITOR. 13.1. Appointment of Independent Engineer & Auditor (IE&A) 13.1.1. The Authority shall within 150 90 (one hundred and fiftyninety) days from the execution of this Agreement appoint a consulting firm, or a consortium of consulting firms, with expertise in engineering and post-harvest agriculture science, as the Independent Engineer & Auditor, referred to as „IE&A‟ ‘IE&A’ herein for the Project as per guidelines contained in Schedule L. The appointment shall be initially made for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm as per guidelines laid down in Schedule L to be the Independent Engineer & Auditor for a period of 3 (three) years and such procedure shall be repeated after expiry of each appointment. 13.1.2. Prior to the appointment of the IE&A, the Authority shall inform the Concessionaire of the selection and intention of the Authority to appoint the selected firm as Independent Engineer & Auditor (“Selected Firm”) and the fee quoted by the selected firm. 13.1.3. The fee and related expenses of the IE&A shall be paid by the Authority. One half of such fee and related expenses shall be reimbursed, within 15 days of receipt of such intimation, by the Concessionaire. Such reimbursement shall be done by the Concessionaire to the Authority on a quarterly basis, or such periodicity as requested by the Authority. In case of failure to make such payments within the stipulated time, without prejudice to the remedies provided hereinbefore, the Authority shall have the right to recover such payments from the Storage and Handling Charges payable by the Authority as under Article 15. 13.1.4. The Authority may at its discretion select one firm, or a consortium of firms, as the Independent Engineer & Auditor for one or more than one Project. 13.2. Duties and functions 13.2.1. The IE&A shall, for the purposes of this Agreement, act for ensuring compliance of the Parties with this Agreement. The IE&A shall discharge its duties and functions substantially in accordance with the terms of reference set forth in Schedule-J. 13.2.2. The IE&A shall submit regular periodic reports (at least once every quarter) to the Authority in respect of its duties and functions set forth in Schedule-J.

INDEPENDENT ENGINEER AND AUDITOR. 13.1. Appointment of Independent Engineer & Auditor (IE&A) 13.1.1. The Authority shall within 150 (one 270 ( Two hundred and fiftyseventy ) days from the execution of this Agreement or before the Commencement date whichever is later, appoint a consulting firm, or a consortium of consulting firms, with expertise in engineering and post-harvest agriculture science, as the Independent Engineer & Auditor, referred to as „IE&A‟ ‘IE&A’ herein for the Project as per guidelines contained in Schedule L. The appointment shall be initially made for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm as per guidelines laid down in Schedule L to be the Independent Engineer & Auditor for a period of 3 (three) years and such procedure shall be repeated after expiry of each appointment. 13.1.2. Prior to the appointment of the IE&A, the Authority shall inform the Concessionaire of the selection and intention of the Authority to appoint the selected firm as Independent Engineer & Auditor (“Selected Firm”) and the fee quoted by the selected firm. 13.1.3. The fee and related expenses of the IE&A shall be paid by the Authority. One half of such fee and related expenses shall be reimbursed, within 15 days of receipt of such intimation, by the Concessionaire. Such reimbursement shall be done by the Concessionaire to the Authority on a quarterly basis, or such periodicity as requested by the Authority. In case of failure to make such payments within the stipulated time, without prejudice to the remedies provided hereinbefore, the Authority shall have the right to recover such payments from the Storage and Handling Charges payable by the Authority as under Article 15. 13.1.4. The Authority may at its discretion select one firm, or a consortium of firms, as the Independent Engineer & Auditor for one or more than one Project. 13.2. Duties and functions 13.2.1. The IE&A shall, for the purposes of this Agreement, act for ensuring compliance of the Parties with this Agreement. The IE&A shall discharge its duties and functions substantially in accordance with the terms of reference set forth in Schedule-J.L 13.2.2. The IE&A shall submit regular periodic reports (at least once every quarter) to the Authority in respect of its duties and functions set forth in Schedule-J.L.