Common use of Influent Standards and Discharge Standards Clause in Contracts

Influent Standards and Discharge Standards. (i) The Concessionaire is required to receive, treat, and dispose all Sewage delivered to the Varanasi STP that meets the Threshold Influent Standards. If, however the Sewage is: (A) beyond the Threshold Influent Standards, the Concessionaire shall have the right to reject such Sewage; and (B) beyond the Influent Standards but within the Threshold Influent Standards, then the Concessionaire shall be required to treat such Sewage but will not be liable for any Performance Liquidated Damages (defined below) if the Treated Effluent and/or the Digested Sludge fails to meet the Discharge Standards. (ii) Subject to Clause 8.12(b)(i) above, the Concessionaire shall ensure that the Treated Effluent and Digested Sludgecomply with the Discharge Standards set out in the Technical Specifications. (iii) Subject to Clause 8.12(b)(iv) below, if the Treated Effluent or the Digested Sludgedoes not comply with the Discharge Standards, the Concessionaire will be liable to pay liquidated damages to the Jal Xxxxx, for the amounts set out in Schedule 6 ("Performance (iv) If the Treated Effluent and/or the Digested Sludgedoesnot meet the Discharge Standards on account of: (A) the characteristics of the Sewage being beyond the permissible Influent Standards; or (B) the volume of the Sewage being more than the Design Capacity, then, the Concessionaire shall not be liable to pay any Performance Liquidated Damages for a failure to meet the Discharge Standards. (v) The Performance Liquidated Damages payable by the Concessionaire in any quarter of the O&M Period will be deducted from the O&M Paymentsdue to the Concessionaire for such quarter. If the Performance Liquidated Damages for a quarter exceed the O&M Payments for such quarter, then the excess amounts shall, at the discretion of the Jal Xxxxx, either be adjusted against the O&M Payments for the subsequent quarter or recovered from the O&M Security. (vi) Within 7 days from the end of each month, the Concessionaire shall be required to provide the monthly progress report (prepared in accordance with Clause 8.8(c)(iii)(E)above) on compliance of the Facilities and the Associated Infrastructure withthe KPIs, which should indicate the periods during which the Facilities did not meet the Guaranteed Availability or the Treated Effluent and/or the Digested Sludgedid not meet the Discharge Standards and the reasons for such failure. The Project Engineer shall be required to certify each such monthly report before it is provided to the Jal Xxxxx. Such certified report on compliance with KPIs shall be referred to as the KPI Adherence Report, and shall form the basis for O&M Payments being made to the Concessionaire during the O&M Period.

Influent Standards and Discharge Standards. (i) The Concessionaire is required to receive, treat, and dispose all Sewage delivered to the Varanasi STP that meets the Threshold Influent StandardsFarrukhabad-Fatehgarh STPs. If, however the Sewage is: (A) beyond the Threshold Influent Standards, the Concessionaire shall have the right to reject such Sewage; and (B) is beyond the Influent Standards but within the Threshold Influent Standardsas set out in Schedule 10 (KPIs), then the Concessionaire shall be required to treat such Sewage but will not be liable for any Performance Liquidated Damages (defined below) if the Treated Effluent and/or the Digested Sludge fails to meet the Discharge Standards. (ii) Subject to Clause 8.12(b)(i) above, the Concessionaire shall ensure that the Treated Effluent and Digested Sludgecomply Sludge comply with the Discharge Standards set out in the Technical Specifications. (iii) Subject to Clause 8.12(b)(iv) below, for each Facility, if the Treated Effluent or the Digested Sludgedoes Sludge does not comply with the Discharge Standards, then the Concessionaire will be liable to pay liquidated damages to the Jal Xxxxx, for the amounts process set out in Schedule 6 ("Performancebelow shall follow: (ivA) If In the first instance of non-compliance of the Treated Effluent and/or or the Digested Sludgedoesnot meet Sludge with the Discharge Standards (First Breach), the Executive Agency shall issue a notice to the Concessionaire on account of: the first day of such non-compliance (AFirst Breach Notice) requiring the characteristics Concessionaire to cure the First Breach within 20 days from the date of the Sewage being beyond First Breach Notice. If the permissible Influent Standards; or (B) the volume First Breach is cured within 2 days of the Sewage being more than the Design CapacityFirst Breach Notice, then, then the Concessionaire shall not be liable to pay any Performance Liquidated Damages for a failure to meet Damages. If, however, the Discharge Standards. (v) The Performance Liquidated Damages payable by the Concessionaire in any quarter First Breach continues beyond 2 days of the O&M Period will be deducted from the O&M Paymentsdue to the Concessionaire for such quarter. If the Performance Liquidated Damages for a quarter exceed the O&M Payments for such quarterFirst Breach Notice, then the excess amounts shall, at the discretion of the Jal Xxxxx, either be adjusted against the O&M Payments for the subsequent quarter or recovered from the O&M Security. (vi) Within 7 days from the end of each monththen, the Concessionaire shall be required liable to provide pay the monthly progress report (prepared Performance Liquidated Damages specified in accordance with Clause 8.8(c)(iii)(E)above) on compliance Schedule 7, from the 3rd day of the Facilities and First Breach. (B) If: (I) the Associated Infrastructure withthe KPIs, which should indicate First Breach continues for 20 days from the periods during which date of the Facilities did not meet the Guaranteed Availability First Breach Notice; or the Treated Effluent and/or the Digested Sludgedid not meet (II) another instance of non-compliance with the Discharge Standards and occurs within 6 months of the reasons for First Breach, then such failurebreach shall constitute the Second Breach. The Project Engineer Upon occurrence of the Second Breach, the Executive Agency shall be required to certify each such monthly report before it is provided to the Jal Xxxxx. Such certified report on compliance with KPIs shall be referred to as the KPI Adherence Report, and shall form the basis for O&M Payments being made issue a notice to the Concessionaire during on the O&M Period.first day of the Second Breach (Second Breach Notice) requiring the Concessionaire to cure the Second Breach within 20 days from the date of the Second Breach Notice. If the Second Breach continues beyond 2 days of the Second Breach Notice, then, the Concessionaire shall be liable to pay twice the amount of the Performance Liquidated Damages specified in Schedule 7, from

Influent Standards and Discharge Standards. (i) The Concessionaire is required to receive, treat, and dispose all Sewage delivered to the Varanasi STP that meets the Threshold Influent StandardsPatna STPs. If, however the Sewage is: (A) beyond the Threshold Influent Standards, the Concessionaire shall have the right to reject such Sewage; and (B) is beyond the Influent Standards but within the Threshold Influent Standardsas set out in Schedule 10 (KPIs), then the Concessionaire shall be required to treat such Sewage but will not be liable for any Performance Liquidated Damages (defined below) if the Treated Effluent and/or the Digested Sludge fails to meet the Discharge Standards. (ii) Subject to Clause 8.12(b)(i) above, the Concessionaire shall ensure that the Treated Effluent and Digested Sludgecomply Sludge comply with the Discharge Standards set out in the Technical Specifications. (iii) Subject to Clause 8.12(b)(iv) below, for each STP Facility, if the Treated Effluent or the Digested Sludgedoes Sludge does not comply with the Discharge Standards, then the process set out below shall follow: (A) In the first instance of non-compliance of the Treated Effluent or the Digested Sludge with the Discharge Standards (First Breach), BUIDCO shall issue a notice to the Concessionaire on the first day of such non-compliance (First Breach Notice) requiring the Concessionaire to cure the First Breach within 20 days from the date of the First Breach Notice. If the First Breach is cured within 2 days of the First Breach Notice, then the Concessionaire shall not be liable to pay any Performance Liquidated Damages. If, however, the First Breach continues beyond 2 days of the First Breach Notice, then, the Concessionaire shall be liable to pay the Performance Liquidated Damages specified in Schedule 7, from the 3rd day of the First Breach. (C) If: (I) the First Breach continues for 20 days from the date of the First Breach Notice; or (II) another instance of non-compliance with the Discharge Standards occurs within 6 months of the First Breach, then such breach shall constitute the Second Breach. Upon occurrence of the Second Breach, BUIDCO shall issue a notice to the Concessionaire on the first day of the Second Breach (Second Breach Notice) requiring the Concessionaire to cure the Second Breach within 20 days from the date of the Second Breach Notice. If the Second Breach continues beyond 2 days of the Second Breach Notice, then, the Concessionaire shall be liable to pay twice the amount of the Performance Liquidated Damages specified in Schedule 7, from the 1st day of the Second Breach. In case of (I) above, it is clarified that the Concessionaire will be liable to pay liquidated damages to Performance Liquidated Damages at the Jal Xxxxxrate specified in Schedule 7, for the amounts first 2 days of a continuing breach from the date of the Second Breach Notice and twice the specified Performance Liquidated Damages from the 3rd day of a continuing Second Breach. (E) If: (I) the Second Breach continues for 20 days from the date of the Second Breach Notice; or (II) another instance of non- compliance with the Discharge Standards occurs within 6 months of the Second Breach, then such breach shall constitute the Third Breach. Upon occurrence of the Third Breach, BUIDCO shall issue a notice to the Concessionaire on the first day of the Third Breach (Third Breach Notice) requiring the Concessionaire to cure the Third Breach within 20 days from the date of the Third Breach Notice. If the Third Breach continues beyond 2 days of the Third Breach Notice, then: (X) the Concessionaire shall be liable to pay thrice the amount of the Performance Liquidated Damages specified in Schedule 7, from the 1st day of the Third Breach; and (Y) the Capex Annuity for the relevant quarter(s) will be reduced by an amount equal to the Capex Annuity for the relevant quarter/90 for each day that the Third Breach continues beyond the 1st day of the Third Breach. In case of (I) above, it is clarified that the Concessionaire will be liable to pay twice the Performance Liquidated Damages specified in Schedule 7, for the first 2 days of a continuing breach from the date of the Third Breach Notice and thrice the specified Performance Liquidated Damages from the 3rd day of the Third Breach, in addition to the reduction in the Capex Annuity. (F) If: (I) the Third Breach is not cured within 20 days from the Third Breach Notice; or (II) a failure to comply with the Discharge Standards results in occurrence of a Third Breach more than 3 times in a continuous 12 month period, it will be treated as a Concessionaire Event of Default and the consequences set out at Article 16 shall apply. (G) The Parties acknowledge that the Performance Liquidated Damages (including any escalation contemplated in Schedule 6 ("Performancethis Clause 8.12(b)(iii)) are a genuine pre-estimation of and reasonable compensation for the environmental damage that may be caused by the Concessionaire's continuing failure to comply with the Discharge Standards, and not as penalty. The payment of Performance Liquidated Damages will not absolve the Concessionaire from any other liability under Applicable Law, for causing any environmental pollution or health hazard due to its failure to comply with the Discharge Standards and/or Applicable Law. (iv) If the Treated Effluent and/or the Digested Sludgedoesnot Sludge does not meet the Discharge Standards on account of: (A) the characteristics of the Sewage being beyond the permissible Influent Standards; or (B) the volume of the Sewage being more than the Design CapacityCapacity of the relevant Patna STP, then, the Concessionaire shall not be liable to pay any Performance Liquidated Damages for a failure to meet the Discharge Standards. (v) The Performance Liquidated Damages payable by the Concessionaire in any quarter of the O&M Period will be deducted from the O&M Paymentsdue Payments due to the Concessionaire for such quarter. If the Performance Liquidated Damages for a quarter exceed the O&M Payments for such quarter, then the excess amounts shall, at the discretion of the Jal XxxxxBUIDCO, either be adjusted against the O&M Payments for the subsequent quarter or recovered from the STP O&M SecuritySecurities. (vi) Within 7 days from the end of each month, the Concessionaire shall be required to provide the monthly progress report (prepared in accordance with Clause 8.8(c)(iii)(E)above) on compliance of the Facilities and the Associated Infrastructure withthe KPIs, which should indicate the periods during which the Facilities did not meet the Guaranteed Availability or the Treated Effluent and/or the Digested Sludgedid not meet the Discharge Standards and the reasons for such failure. The Project Engineer shall be required to certify each such monthly report before it is provided to the Jal Xxxxx. Such certified report on compliance with KPIs shall be referred to as the KPI Adherence Report, and shall form the basis for O&M Payments being made to the Concessionaire during the O&M Period.

Influent Standards and Discharge Standards. (i) The Concessionaire is required to receive, treat, and dispose all Sewage delivered to the Varanasi STP that meets the Threshold Influent StandardsHaridwar STPs. If, however the Sewage is: (A) beyond the Threshold Influent Standards, the Concessionaire shall have the right to reject such Sewage; and (B) is beyond the Influent Standards but within the Threshold Influent Standardsas set out in Schedule 10 (KPIs), then the Concessionaire shall be required to treat such Sewage but will not be liable for any Performance Liquidated Damages (defined below) if the Treated Effluent and/or the Digested Sludge fails to meet the Discharge Standards. (ii) Subject to Clause 8.12(b)(i) above, the Concessionaire shall ensure that the Treated Effluent and Digested Sludgecomply Sludge comply with the Discharge Standards set out in the Technical Specifications. (iii) Subject to Clause 8.12(b)(iv) below, for each Facility, if the Treated Effluent or the Digested Sludgedoes Sludge does not comply with the Discharge Standards, then the process set out below shall follow: (A) In the first instance of non-compliance of the Treated Effluent or the Digested Sludge with the Discharge Standards (First Breach), the Jal Xxxxx shall issue a notice to the Concessionaire on the first day of such non-compliance (First Breach Notice) requiring the Concessionaire to cure the First Breach within 20 days from the date of the First Breach Notice. If the First Breach is cured within 2 days of the First Breach Notice, then the Concessionaire shall not be liable to pay any Performance Liquidated Damages. If, however, the First Breach continues beyond 2 days of the First Breach Notice, then, the Concessionaire shall be liable to pay the Performance Liquidated Damages specified in Schedule 7, from the 3rd day of the First Breach. (B) If: (I) the First Breach continues for 20 days from the date of the First Breach Notice; or (II) another instance of non-compliance with the Discharge Standards occurs within 6 months of the First Breach, then such breach shall constitute the Second Breach. Upon occurrence of the Second Breach, the Jal Xxxxx shall issue a notice to the Concessionaire on the first day of the Second Breach (Second Breach Notice) requiring the Concessionaire to cure the Second Breach within 20 days from the date of the Second Breach Notice. If the Second Breach continues beyond 2 days of the Second Breach Notice, then, the Concessionaire shall be liable to pay twice the amount of the Performance Liquidated Damages specified in Schedule 7, from the 1st day of the Second Breach. In case of (I) above, it is clarified that the Concessionaire will be liable to pay liquidated damages to Performance Liquidated Damages at the Jal Xxxxxrate specified in Schedule 7, for the amounts first 2 days of a continuing breach from the date of the Second Breach Notice and twice the specified Performance Liquidated Damages from the 3rd day of a continuing Second Breach. (C) If: (I) the Second Breach continues for 20 days from the date of the Second Breach Notice; or (II) another instance of non- compliance with the Discharge Standards occurs within 6 months of the Second Breach, then such breach shall constitute the Third Breach. Upon occurrence of the Third Breach, the Jal Xxxxx shall issue a notice to the Concessionaire on the first day of the Third Breach (Third Breach Notice) requiring the Concessionaire to cure the Third Breach within 20 days from the date of the Third Breach Notice. If the Third Breach continues beyond 2 days of the Third Breach Notice, then: (X) the Concessionaire shall be liable to pay thrice the amount of the Performance Liquidated Damages specified in Schedule 7, from the 1st day of the Third Breach; and (Y) the Capex Annuity for the relevant quarter(s) will be reduced by an amount equal to the Capex Annuity for the relevant quarter/90 for each day that the Third Breach continues beyond the 1st day of the Third Breach. In case of (I) above, it is clarified that the Concessionaire will be liable to pay twice the Performance Liquidated Damages specified in Schedule 7, for the first 2 days of a continuing breach from the date of the Third Breach Notice and thrice the specified Performance Liquidated Damages from the 3rd day of the Third Breach, in addition to the reduction in the Capex Annuity. (D) If: (I) the Third Breach is not cured within 20 days from the Third Breach Notice; or (II) a failure to comply with the Discharge Standards results in occurrence of a Third Breach more than 3 times in a continuous 12 month period, it will be treated as a Concessionaire Event of Default and the consequences set out at Article 17 shall apply. (E) The Parties acknowledge that the Performance Liquidated Damages (including any escalation contemplated in Schedule 6 ("Performancethis Clause 8.12(b)(iii)) are a genuine pre-estimation of and reasonable compensation for the environmental damage that may be caused by the Concessionaire's continuing failure to comply with the Discharge Standards, and not as penalty. The payment of Performance Liquidated Damages will not absolve the Concessionaire from any other liability under Applicable Law, for causing any environmental pollution or health hazard due to its failure to comply with the Discharge Standards and/or Applicable Law. (iv) If the Treated Effluent and/or the Digested Sludgedoesnot Sludge does not meet the Discharge Standards on account of: (A) the characteristics of the Sewage being beyond the permissible Influent Standards; or (B) the volume of the Sewage being more than the Design CapacityCapacity of the relevant Haridwar STP, then, the Concessionaire shall not be liable to pay any Performance Liquidated Damages for a failure to meet the Discharge Standards. (v) The Performance Liquidated Damages payable by the Concessionaire in any quarter of the O&M Period will be deducted from the O&M Paymentsdue Payments due to the Concessionaire for such quarter. If the Performance Liquidated Damages for a quarter exceed the O&M Payments for such quarter, then the excess amounts shall, at the discretion of the Jal Xxxxx, either be adjusted against the O&M Payments for the subsequent quarter or recovered from the O&M SecuritySecurities. (vi) Within 7 days from the end of each month, the Concessionaire shall be required to provide the monthly progress report (prepared in accordance with Clause 8.8(c)(iii)(E)above) on compliance of the Facilities and the Associated Infrastructure withthe KPIs, which should indicate the periods during which the Facilities did not meet the Guaranteed Availability or the Treated Effluent and/or the Digested Sludgedid not meet the Discharge Standards and the reasons for such failure. The Project Engineer shall be required to certify each such monthly report before it is provided to the Jal Xxxxx. Such certified report on compliance with KPIs shall be referred to as the KPI Adherence Report, and shall form the basis for O&M Payments being made to the Concessionaire during the O&M Period.