Lane closure. (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the Authority.
(ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including Termination thereof.
Lane closure. 1The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the Authority.
Lane closure. 14.5.1 The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the Authority.
14.5.2 Upon receiving the permission pursuant to Clause 14.5.1, the Contractor shall be entitled to close the designated lane for the period specified therein, and in the event of any delay in re- opening such lane, the Contractor shall, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic.
Lane closure. 15.7.1 The Concessionaire shall not close any lane of the Project Highway for undertaking maintenance or repair works except with the prior written approval of the Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made to the Independent Engineer, and a copy thereof furnished to the Authority, at least 7 (seven) days before the proposed closure of such lane and shall be accompanied by particulars thereof. Within 3 (three) days of receiving such request, the Independent Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the Authority.
15.7.2 The provisions of Clause 15.7.1 shall not apply to de-commissioning under Clause 15.6.1 or to closure of any lane for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Independent Engineer as off-peak hours when the flow of traffic is comparatively lower.
15.7.3 Upon receiving the permission pursuant to Clause 15.7.1, the Concessionaire shall be entitled to close the designated lane for the period specified therein, and in the event of any delay in re- opening such lane, the Concessionaire shall pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for every stretch of 500 (five hundred) metres or part thereof for each day of delay until the lane has been re-opened for traffic, and in the event of non –payment of such delinquent amount forthwith and in any case within 7 (seven) days of issue of written notice by Authority, the same shall be recovered by encashment of the Performance Security in which case the provisions of Clause 9 hereof shall apply. For the avoidance of doubt, the Damages under this Clause 15.7.3 shall not apply to any Capacity Augmentation undertaken by the Concessionaire pursuant to Article 14 hereunder.
Lane closure. 17.7.1 The Concessionaire shall not close any lane of the Project Highway for undertaking maintenance or repair works except with the prior written approval of the Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made at least 7 (seven) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 3 (three) days of receiving such request, the Independent Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the Authority.
17.7.2 The provisions of Clause 17.7.1 shall not apply to de-commissioning under Clause 17.6.1 or to closure of any lane for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Independent Engineer as off-peak hours when the flow of traffic is comparatively lower.
17.7.3 Upon receiving the permission pursuant to Clause 17.7.1, the Concessionaire shall be entitled to close the designated lane for the period specified therein, and in the event of any delay in re-opening such lane, the Concessionaire shall pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the Average Daily Fee for every stretch of 250 (two hundred and fifty) meters, or part thereof, for each day of delay until the lane has been re- opened for traffic.
Lane closure. (a) A Lane Closure occurs where:
(i) the Availability Requirements are not met; or
(ii) a Closing has been arranged on the Contractor’s request in connection with the performance of the Work.
(b) Notwithstanding (a), no Lane Closure occurs where:
(i) the Availability Requirements have not been met owing to a Compensation Event as provided for in subsection (e) of the definition thereof and the Contractor within twice the Correction Deadline period (the second Correction Deadline pursuant to Section 3.5 under (e)) has arranged once again for the Availability Requirements to be met. The provisions of Section 3.5 under (d) apply by analogy;
(ii) the situation referred to in Section 2.3 under (a), subsection (i) or (ii), has arisen owing to a Supervening Event that is not a Compensation Event as provided for under Section (e) of the definition thereof;
(iii) the Availability Requirements have not been met and the Contractor has applied for a Closing that meets the requirements of the procedure referred to in [•] of the Management Specifications, but the road administrator has not approved the request for a Closing. In this case, as soon as the road administrator has refused the Closing request, the Contractor must re-apply for a Closing to take effect on the next available date for a Closing to be approved by the road administrator. This exception applies as from the date on which the road administrator notifies the Contractor that the Closing has not been approved to the next available date for the Closing to be approved by the road administrator; or
(iv) an Availability Requirement has not been met in the first [•] Business Days after the Commencement Date and the Contractor has arranged for this Availability Requirement to be met as yet within twice the Correction Deadline (the second Correction Deadline pursuant to Section 3.5 under (e)).
Lane closure. 15.7.1 The Concessionaire shall not close any lane of the Project Highway for undertaking maintenance or repair works except with the prior written approval of the Engineer. Such approval shall be sought by the Concessionaire through a written request to be made to the Engineer, and a copy thereof furnished to the Government, at least 7 (seven) days before the proposed closure of such lane and shall be accompanied by particulars thereof. Within 3 (three) days of receiving such request, the Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the Government.
15.7.2 The provisions of Clause 15.7.1 shall not apply to de-commissioning under Clause 15.6.1 or to closure of any lane for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Engineer as off-peak hours when the flow of traffic is comparatively lower.
Lane closure. 17.7.1 The Service Provider shall not close any lane of the Project Network for undertaking maintenance or repair works except in accordance with the Maintenance Programme or otherwise with the prior written approval of the Contracting Authority.
17.7.2 The provisions of Clause 17.7.1 shall not apply to any closure under Clause 17.6.1 or to closure of any lane for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by Independent Expert the Contracting Authority as off-peak hours when the flow of traffic is comparatively lower.
17.7.3 Upon receiving the permission pursuant to Clause 17.7.1, the Service Provider shall be entitled to close the designated lane for the period specified therein, and in the event of any delay in re-opening such lane, the Service Provider shall suffer deductions in accordance with the Payment Mechanism, provided that no additional payments shall be made where the Service Provider re-opens the designated lane any time prior to the expiry of the specified period.
Lane closure. The lane may have been in an unstable state prior to closing, so if the lane is closed, the system assumes no violations in this mode will be captured.
Lane closure. 17.7.1 The Concessionaire shall not close any lane of the Project for undertaking maintenance or repair works except with the prior written approval of the Independent Consultant. Such approval shall be sought by the Concessionaire through a written request to be made at least 7 (seven) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 3 (three) days of receiving such request, the Independent Consultant shall grant permission with such modifications as it may deem necessary and a copy of such permission, and with such modifications as it may deem necessary and a copy of such permission shall be sent to the MSRDC.
17.7.2 The provision of Clause 17.7.1 shall not apply to de-commissioning under Xxxxxx
17.6.1 or to closure of any lane for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Independent Consultant as off-peak hours when the flow of traffic is comparatively lower.
17.7.3 Upon receiving the permission pursuant to Clause 17.7.1, the Concessionaire shall be entitled to close the designated lane for the period specified therein, and in event of any delay in re-opening such lane, the Concessionaire shall pay Damages to MSRDC calculated at the rate of Rs.10,000 (Rs. Ten thousand) per day for every stretch of 100 (One hundred) meters, or part thereof, for each day of delay until the lane has been re-opened for traffic. These damages of Rs.10,000 per day shall be applicable in the first Operational year and shall be increased by a 6% in each subsequent operational years. Provided, however, that these provisions shall not apply to emergency decommissioning under cl.17.6.
