Common use of Joint Inspection and Removal of Deficiency Clause in Contracts

Joint Inspection and Removal of Deficiency. The handing over process shall be initiated atleast 1 month before COD by a joint inspection by the Independent Consultant and the Concessionaire. The Independent Consultant shall, within 7 days of such inspection prepare and furnish to the Concessionaire a list of works/ jobs/ additions/ alterations, if any, to be carried out to bring the Project to the prescribed level of service condition at least 7 days prior to COD. In case the Concessionaire fails to carry out the above works, within the stipulated time period, the NGS shall be at liberty to have these works executed by any other Person at the risk and cost of the Concessionaire and any cost incurred by NGS in this regard shall be reimbursed by the Concessionaire to NGS within 7 days of receipt of demand. For this purpose, NGS shall, without prejudice to any other right/ remedy available to it under this Agreement, have the right to appropriate the Performance Security and/ or to set off any amounts due, if any, and payable by NGS to the Concessionaire to the extent required/ available and to recover deficit amount, if any, from the Concessionaire.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

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Joint Inspection and Removal of Deficiency. The handing over process shall be initiated atleast 1 month at least 6 months before COD the actual date of expiry of the Concession Period by a joint inspection by the Independent Consultant Authority Engineer and the Concessionaire. The Independent Consultant Authority Engineer shall, within 7 15 days of such inspection prepare and furnish to the Concessionaire a list of works/ jobs/ additions/ works/jobs/additions/alterations, if any, to be carried out to bring the Project to the prescribed level of service condition at least 7 days two months prior to CODthe date of expiry of the Concession Period. In case the Concessionaire fails to carry out the above works, within the stipulated time period, period the NGS Authority shall be at liberty to have these works executed by any other Person at the risk and cost of the Concessionaire and any cost incurred by NGS Authority in this regard shall be reimbursed by the Concessionaire to NGS Authority within 7 days of receipt of demand. For this purpose, NGS shall, Authority shall without prejudice to any other right/ right/remedy available to it it, under this Agreement, have the right to appropriate the Performance Security and/ or and/or to set off any amounts due, if any, and payable by NGS Authority to the Concessionaire to the extent required/ available and to recover deficit amount, if any, from the Concessionaire.

Appears in 1 contract

Samples: Concession Agreement

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Joint Inspection and Removal of Deficiency. The handing over process shall be initiated atleast 1 month at least 6 months before COD the actual date of expiry of the Agreement Period by a joint inspection by the Independent Consultant DTIDCL Engineer and the Concessionaire. The Independent Consultant DTIDCL Engineer shall, within 7 15 days of such inspection prepare and furnish to the Concessionaire a list of works/ jobs/ additions/ works/jobs/additions/alterations, if any, to be carried out to bring the Project at least two months prior to the prescribed level date of service condition at least 7 days prior to CODexpiry of the Agreement Period. In case the Concessionaire fails to carry out the above works, within the stipulated time period, period the NGS DTIDCL shall be at liberty to have these works executed by any other Person at the risk and cost of the Concessionaire and any cost incurred by NGS DTIDCL in this regard shall be reimbursed by the Concessionaire to NGS DTIDCL within 7 days of receipt of demand. For this purpose, NGS shall, DTIDCL shall without prejudice to any other right/ right/remedy available to it it, under this Agreement, have the right to appropriate the Performance Security and/ or and/or to set off any amounts due, if any, and payable by NGS DTIDCL to the Concessionaire to the extent required/ available and to recover deficit amount, if any, from the Concessionaire.

Appears in 1 contract

Samples: Concession Agreement

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