Common use of Issue of Completion Certificate Clause in Contracts

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the Project, the Concessionaire shall notify the Independent Engineer of the date when it intends to commence commercial operations. The Independent Engineer shall then proceed to inspect the Construction Works with the intention of issuing the Completion Certificate and determine and notify to the Concessionaire the schedule and manner of the tests as are specified in Appendix 7 that it shall carry out to ensure that the Project meets with the Construction Standards (“the Tests”). The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) Days notice to the Independent Engineer; (b) Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test data including detailed Test results; (c) Upon completion of Construction Works and the Independent Engineer determining all the Tests to be successful, it shall forthwith issue to the Concessionaire and the Concessioning Authority a Completion Certificate substantially in the form set forth in Appendix 10; (d) The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”) to be completed by the Concessionaire within a stipulated time. Provided, notwithstanding the foregoing, no such Provisional Certificate will be issued pending notifications in the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and Services. All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) Without prejudice to the foregoing, if the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire to pay 80% (eighty percent) of the sum saved due to such reduction of scope. Upon such payment to the Concessioning Authority, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled.

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the Project, the Concessionaire shall notify the Independent Engineer of the date when datewhen it intends to commence commercial operationscommercialoperations. The Independent Engineer shall then proceed TheIndependent Engineershallthenproceed to inspect the inspectthe Construction Works with the intention of issuing Workswiththeintention ofissuing the Completion Certificate and determine and notify to the Concessionaire the schedule and scheduleand manner of the tests as are specified in Appendix 7 that it shall carry out to ensure that the Project theProject meets with the Construction Standards (“the Tests”). The date and time of each of the Tests theTests shall be determined by the Independent Engineer in consultation with the Concessionaire, and Concessionaireand notified to the Concessioning Authority who may designate its representative to witness the TeststheTests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) Days Days’ notice to the Independent Engineer; (b) All Tests shall be conducted in accordance with Appendix 7 at the cost and expense of the Concessionaire. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project with specifications and standards and if it isreasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project or any part thereof does not meet the specifications and standards, it shall have the right to suspend or delay such Test and require the Concessionaire toremedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test data including detailed Test results;. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or caused to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Project with specifications and standards. (c) Upon completion of Construction Works and the Independent Engineer determining all the Tests to Teststo be successful, it shall forthwith issue to the Concessionaire and the Concessioning Authority a Completion aCompletion Certificate substantially in the form set forth in Appendix 10; (d) The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though operationthough certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”) to be completed by the Concessionaire theConcessionaire within a stipulated time. ProvidedUpon completion of all Punch List items, notwithstanding the foregoingIndependentEngineer shall conduct tests, no such Provisional Certificate will be issued pending notifications in if required and issue the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and ServicesCompletion Certificate. All items in the Punch List PunchList shall be completed by the Concessionaire within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) Without prejudice to the foregoing, if the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire Total Project Cost will be reduced to pay 80% (eighty percent) of the sum saved due to same extent. Upon such reduction of scope. Upon such payment to the Concessioning AuthorityTotal Project Cost, the obligations of the Concessionaire in respect of such works shall be deemed to have tohave been fulfilled.

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the Project, the Concessionaire shall notify the Independent Engineer of the date when it intends to commence commercial operations. The Independent Engineer shall then proceed to inspect the Construction Works with the intention of issuing the Completion Certificate and determine and notify to the Concessionaire the schedule and manner of the tests as are specified in Appendix 7 that it shall carry out to ensure that the Project meets with the Construction Standards (“the Tests”). The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) Days notice to the Independent Engineer; (b) Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test data including detailed Test results; (c) Upon completion of Construction Works and the Independent Engineer determining all the Tests to be successful, it shall forthwith issue to the Concessionaire and the Concessioning Authority a Completion Certificate substantially in the form set forth in Appendix 10; (d) The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”) to be completed by the Concessionaire within a stipulated time. Provided, notwithstanding the foregoing, no such Provisional Certificate will be issued pending notifications in the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and Services. All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) Without prejudice to the foregoing, if the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire to pay 80% (eighty percent) of the sum saved due to such reduction of scope. Upon such payment to the Concessioning Authority, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled. For avoidance of doubt, it is agreed that in the event such reduction in Scope of the Project causes or will cause a reduction in the net after-tax return of the Concessionaire, the Parties shall meet, as soon as reasonably practical, and agree on a full or partial waiver of the aforesaid payment of 80% (eighty per cent) so as to place the Concessionaire in the same financial position as it would have enjoyed had there been no reduction in Scope of the Project. It is further agreed that the liability of the Concessioning Authority under this Clause 6.7 shall not extend beyond waiver of the aforesaid 80% (eighty per cent). It is also agreed that in the event of a dispute, provisions of Article 19 of this Concession Agreement shall apply. (f) The Commercial Operation Date, shall be the date on which such Completion Certificate or the Provisional Certificate, as the case may be, is issued (the “Project COD”)

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the Projectimplementation Phase, the Concessionaire Contractor shall notify the Independent Engineer of the date when it intends to commence commercial operations. The Independent Engineer shall then proceed to inspect the Construction Works works undertaken under Project with the intention of issuing the Completion Certificate and determine and notify to the Concessionaire the Contractor schedule and manner of the tests as are specified in Appendix 7 Annexure V that it shall carry out to ensure that the Project meets with the Construction Standards (“the Tests”)standards. The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the ConcessionaireContractor, and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire Contractor shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire Contractor and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire Contractor shall fix All Tests shall be conducted at the dates cost and expense of the Contractor. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project with specifications and standards and if it is reasonably anticipated or determined by not less than 10 (ten) Days notice to the Independent Engineer; (b) Engineer during the course of any Test that the performance of the Project or any part thereof does not meet the specifications and standards, it shall have the right to suspend or delay such Test and require the Contractor to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire Contractor and the Concessioning Authority copies of all Test data including detailed Test results; (c) . For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Contractor to carry out or caused to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Project with specifications and standards. Upon completion of Construction Works Implementation Phase and the Independent Engineer determining all the Tests to be successful, it shall forthwith issue to the Concessionaire Contractor and the Concessioning Authority a Completion Certificate substantially in the form set forth in Appendix 10; (d) Annexure X; The Independent Engineer may, at the request of the ConcessionaireContractor, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 Annexure X (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire Contractor (the “Punch List”) to be completed by the Concessionaire Contractor within a stipulated time. ProvidedUpon completion of all Punch List items, notwithstanding the foregoingIndependent Engineer shall conduct tests, no such Provisional Certificate will be issued pending notifications in if required and issue the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and ServicesCompletion Certificate. All items in the Punch List shall be completed by the Concessionaire Contractor within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) Contract; Without prejudice to the foregoing, if the Concessionaire shall have failed Contractor fails to complete any Construction Maintenance Works on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire Total Project Cost will be reduced to pay 80% (eighty percent) of the sum saved due to same extent. Upon such reduction of scope. Upon such payment to the Concessioning AuthorityTotal Project Cost, the obligations of the Concessionaire Contractor in respect of such works shall be deemed to have been fulfilled.

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the Project, the Concessionaire Developer shall notify the Independent Engineer of the date when it intends to commence commercial operations. The Independent Engineer shall then proceed to inspect the Construction Works with the intention of issuing the Completion Certificate and determine and notify to the Concessionaire Developer the schedule and manner of the tests as are specified in Appendix 7 that it shall carry out to ensure that the Project meets with the Construction Standards (“the Tests”). The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the ConcessionaireDeveloper, and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire Developer shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire Developer and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire Developer shall fix the dates by not less than 10 (ten) Days notice to the Independent Engineer; (b) Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire Developer and the Concessioning Authority copies of all Test data including detailed Test results; (c) Upon completion of Construction Works and the Independent Engineer determining all the Tests to be successful, it shall forthwith issue to the Concessionaire Developer and the Concessioning Authority a Completion Certificate substantially in the form set forth in Appendix 10Certificate; (d) The Independent Engineer may, at the request of the ConcessionaireDeveloper, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire Developer (the “Punch List”) to be completed by the Concessionaire Developer within a stipulated time. Provided, notwithstanding the foregoing, no such Provisional Certificate will be issued pending notifications in the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and Services. All items in the Punch List shall be completed by the Concessionaire Developer within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) Without prejudice to the foregoing, if the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire to pay 80% (eighty percent) of the sum saved due to such reduction of scope. Upon such payment to the Concessioning Authority, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled.

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the Project, the Concessionaire shall notify the Independent Engineer of the date when it intends to commence commercial operations. The Independent Engineer shall then proceed to inspect the Construction Works with the intention of issuing the Completion Certificate and determine and notify to the Concessionaire the schedule and manner of the tests as are specified in Appendix 7 that it shall carry out to ensure that the Project meets with the Construction Standards (“the Tests”). The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, Concessionaire and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) Days Days’ notice to the Independent Engineer; (b) All Tests shall be conducted in accordance with Appendix 7 at the cost and expense of the Concessionaire. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project with specifications and standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project or any part thereof does not meet the specifications and standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test data including detailed Test results;. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or caused to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Project with specifications and standards. (c) Upon completion of Construction Works and the Independent Engineer determining all the Tests to be successful, it shall forthwith issue to the Concessionaire and the Concessioning Authority a Completion Certificate substantially in the form set forth in Appendix 10; (d) The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”) to be completed by the Concessionaire within a stipulated time. ProvidedUpon completion of all Punch List items, notwithstanding the foregoingIndependent Engineer shall conduct tests, no such Provisional Certificate will be issued pending notifications in if required and issue the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and ServicesCompletion Certificate. All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) Without prejudice to the foregoing, if the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire Total Project Cost will be reduced to pay 80% (eighty percent) of the sum saved due to same extent. Upon such reduction of scope. Upon such payment to the Concessioning AuthorityTotal Project Cost, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled.

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the Project, the Concessionaire shall notify the Independent Engineer of the date when it intends to commence commercial operations. The Independent Engineer shall then proceed to inspect the Construction Works with the intention of issuing the Completion Certificate and determine and notify to the Concessionaire the schedule and manner of the tests as are specified in Appendix 7 that it shall carry out to ensure that the Project meets with the Construction Standards (“the Tests”). The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, Concessionaire and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) Days Days’ notice to the Independent Engineer; (b) All Tests shall be conducted in accordance with Appendix 7 at the cost and expense of the Concessionaire. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project with specifications and standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project or any part thereof does not meet the specifications and standards, it shall have the right to suspend or delay such Test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test data including detailed Test results;. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or caused to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Project with specifications and standards. (c) Upon completion of Construction Works and the Independent Engineer determining all the Tests to be successful, it shall forthwith issue to the Concessionaire and the Concessioning Authority a Completion Certificate substantially in the form set forth in Appendix 10; (d) The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”) to be completed by the Concessionaire within a stipulated time. ProvidedUpon completion of all Punch List items, notwithstanding the foregoingIndependent Engineer shall conduct tests, no such Provisional Certificate will be issued pending notifications in if required and issue the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and ServicesCompletion Certificate. All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) Without prejudice to the foregoing, if the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire Total Project Cost will be reduced to pay 80% (eighty percent) of the sum saved due to same extent. Upon such reduction of scope. Upon such payment to the Concessioning AuthorityTotal Project Cost, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled.

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the ProjectExpansion Phase, the Concessionaire shall notify the Independent Engineer of the date when it intends to commence commercial operations. The Independent Engineer shall then proceed to inspect the Construction Works with the intention of issuing the Completion Certificate and determine and notify to the Concessionaire the schedule and manner of the tests as are specified in Appendix 7 Annexure V that it shall carry out to ensure that the Project meets with the Construction Standards (“the Tests”). The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) Days Days’ notice to the Independent Engineer; (b) ; Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test data including detailed Test results; (c) ; Upon completion of Construction Works and the Independent Engineer determining all the Tests to be successful, it shall forthwith issue to the Concessionaire and the Concessioning Authority a Completion Certificate substantially in the form set forth in Appendix 10; (d) Annexure XI; The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 Annexure XI (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”) to be completed by the Concessionaire within a stipulated time. Provided, notwithstanding the foregoing, no such Provisional Certificate will be issued pending notifications in the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and Services. All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) ; Without prejudice to the foregoing, if the Concessionaire shall have failed fails to complete any Construction Works on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire to pay 80% (eighty percent) of the sum saved due to such reduction of scope. Upon such payment to the Concessioning Authority, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled.

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the ProjectDevelopment Work under its Scope of Work, the Concessionaire shall notify the Independent Engineer of the date when it intends to commence the commercial operations. The Independent Engineer shall then proceed to inspect the Construction Works evelopment works executed as per the Scope of Work with the intention of issuing the Completion Certificate and determine and notify to the Concessionaire the schedule and manner of the tests as are specified in Appendix 7 that it shall carry out to ensure that the Project meets with the Construction Specifications and Standards (“the Tests”). The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) Days days’ notice to the Independent Engineer;. (b) Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test data including detailed Test results. The Testing procedure under the Concession Agreement shall be repeated until the Development Works conform to the Specifications and standards under the Concession Agreement; (c) Upon completion of Construction Works the Development works as mentioned in the Scope of Work and the Independent Engineer determining all the Tests to be successful, it shall forthwith issue to the Concessionaire and the Concessioning Authority a Completion Certificate substantially in the form set forth in Appendix - 10;. (d) The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”) to be completed by the Concessionaire within a stipulated time. Provided, notwithstanding the foregoing, no such Provisional Certificate will be issued pending notifications in the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and Services. All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) When Concessionaire considers it has achieved completion of Punch List, it must request the Independent Engineer for issuance of the Completion Certificate. Within 10 (ten) days after receiving the request and upon being satisfied by the documents provided by the Concessionaire, the Independent Engineer shall inspect the Project for Punch List items and either: (i) issue to the Concessionaire and the Authority the Completion Certificate, if the Punch List items as provided under the Provisional Certificate have been completed; or (ii) issue a written notice to Concessionaire listing the Punch List items remaining to be completed along with the timelines to complete them. (f) In the event that upon successful determination by the Independent Engineer of the successful completion of all Tests, the Independent Engineer fails to issue the Completion Certificate to the Concessioning Authority and the Concessionaire within the time specified in sub-clause (e) above, at the end of such period, such Completion Certificate shall be deemed to have been issued to the Concessioning Authority and the Concessionaire in accordance with the provisions of this Article 6.7 (the “Deemed Completion Certificate”). (g) Without prejudice to the foregoing, if the Concessionaire shall have failed to complete any Construction of the Development Works as mentioned in the Scope of Work on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire to pay 80% (eighty percent) of the sum saved due to such reduction of scope. Upon such payment to the Concessioning Authority, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled.. “For avoidance of doubt, it is agreed that in the event such reduction in Scope of the Project causes or will cause a reduction in the net after-tax return of the Concessionaire, the Parties shall meet, within a reasonable time, and agree on a full or partial waiver of the aforesaid payment of 80% (eighty per cent) so as to place the Concessionaire in the same financial position as it would have enjoyed had there been no reduction in Scope of the Project. It is agreed that the liability of the Concessioning Authority under this Clause 6.7 shall not extend beyond waiver of the aforesaid 80% (eighty per cent). It is also agreed that in the event of a dispute, provisions of Article 19 of this Concession Agreement shall apply

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the Project, the Concessionaire shall notify the Independent Engineer of the date when it intends to commence commercial operations. The Independent Engineer shall then proceed to inspect the Construction Works with the intention of issuing the Completion Certificate and determine and notify to the Concessionaire the schedule and manner of the tests as are specified in Appendix 7 that it shall carry out to ensure that the Project meets with the Construction Standards (“the Tests”). The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) Days notice to the Independent Engineer; (b) Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire and the Concessioning Authority copies of all Test data including detailed Test results; (c) Upon completion of Construction Works and the Independent Engineer determining all the Tests to be successful, it shall forthwith issue to the Concessionaire and the Concessioning Authority a Completion Certificate substantially in the form set forth in Appendix 10; (d) The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the “Punch List”) to be completed by the Concessionaire within a stipulated time. Provided, notwithstanding the foregoing, no such Provisional Certificate will be issued pending notifications in the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and Services. All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) Without prejudice to the foregoing, if the Concessionaire shall have failed to complete any Construction Works on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire to pay 80% (eighty percent) of the sum saved due to such reduction of scope. Upon such payment to the Concessioning Authority, the obligations of the Concessionaire in respect of such works shall be deemed to have been fulfilled.

Issue of Completion Certificate. (a) At least 60 (sixty) Days prior to the likely completion of the Projectimplementation Phase, the Concessionaire Contractor shall notify the Independent Engineer of the date when it intends to commence commercial operations. The Independent Engineer shall then proceed to inspect the Construction Works works undertaken under Project with the intention of issuing the Completion Certificate and determine and notify to the Concessionaire the Contractor schedule and manner of the tests as are specified in Appendix 7 Annexure V that it shall carry out to ensure that the Project meets with the Construction Standards (“the Tests”)standards. The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the ConcessionaireContractor, and notified to the Concessioning Authority who may designate its representative to witness the Tests. The Concessionaire Contractor shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire Contractor and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire Contractor shall fix the dates by not less than 10 (ten) Days Days’ notice to the Independent Engineer; (b) ; All Tests shall be conducted at the cost and expense of the Contractor. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project with specifications and standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project or any part thereof does not meet the specifications and standards, it shall have the right to suspend or delay such Test and require the Contractor to remedy and rectify the defects or deficiencies. Upon completion of each Test, the Independent Engineer shall provide to the Concessionaire Contractor and the Concessioning Authority copies of all Test data including detailed Test results; (c) . For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Contractor to carry out or caused to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Project with specifications and standards. Upon completion of Construction Works Implementation Phase and the Independent Engineer determining all the Tests to be successful, it shall forthwith issue to the Concessionaire Contractor and the Concessioning Authority a Completion Certificate substantially in the form set forth in Appendix 10; (d) Annexure X; The Independent Engineer may, at the request of the ConcessionaireContractor, issue a provisional certificate of completion substantially in the form set forth in Appendix 10 Annexure X (the “Provisional Certificate”) if the Tests are successful and the Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. The Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire Contractor (the “Punch List”) to be completed by the Concessionaire Contractor within a stipulated time. ProvidedUpon completion of all Punch List items, notwithstanding the foregoingIndependent Engineer shall conduct tests, no such Provisional Certificate will be issued pending notifications in if required and issue the Official Gazette by the Collector of Customs, in accordance with the provisions of Section 37 of the MPT Act for the Project Facilities and ServicesCompletion Certificate. All items in the Punch List shall be completed by the Concessionaire Contractor within 90 (ninety) Days of the date of issue of the Provisional Certificate or such other extended period that the Concessioning Authority may in its sole discretion determine, failing which the Provisional Certificate shall lose its validity and the Concessioning Authority shall be entitled to terminate this Agreement; (e) Contract; Without prejudice to the foregoing, if the Concessionaire shall have failed Contractor fails to complete any Construction Maintenance Works on account of Force Majeure or for reasons solely attributable to the Concessioning Authority, the Concessioning Authority may, in its discretion, reduce the scope of Project and require the Concessionaire Total Project Cost will be reduced to pay 80% (eighty percent) of the sum saved due to same extent. Upon such reduction of scope. Upon such payment to the Concessioning AuthorityTotal Project Cost, the obligations of the Concessionaire Contractor in respect of such works shall be deemed to have been fulfilled.