Common use of Machinery and Equipment Clause in Contracts

Machinery and Equipment. 4.4.1 The Authority shall upon receiving a request from the Contractor, provide the machinery and equipment specified in Schedule P on payment of hire charges at the monthly rates specified therein. The Parties agree that the monthly rate for each machine or equipment shall be inclusive of fuel and all other operating charges, which shall be converted into daily rates taking a month comprising 25 (twenty five) working days. The Parties further agree that for each machinery or equipment: (a) The charges shall be payable for a day even if a machine or equipment is used for less than 8 (eight) hours, so long as it has been placed at the disposal of the Contractor and has not been withdrawn; (b) the daily rates shall be computed for a shift of 8 (eight) hours taken as one day. By way of illustration, if the machinery or equipment is used for 16 (sixteen) hours on any day, the charges payable shall be equal to twice the daily rate; and (c) for any machinery or equipment which can be used only during the period of a Power Block or Traffic Block, no payment shall be due or payable for the day on which such block is not provided to the Contractor. 4.4.2 The Contractor shall by notice of at least three weeks convey to the Authority particulars of the machinery and equipment required for each day of the following one month. 4.4.3 In the event that the Authority does not provide any machinery and equipment at the designated time in pursuance of the provisions of Clause 4.4.1, the Contractor shall be entitled to Damages in an amount equal twice the rates specified in Schedule-P.Provided further that the Contractor shall be entitled to Time Extension in accordance with the provisions of Clause 10.4 if the number of days for which the machinery has not been provided continuously exceeds 7 (seven) and/ or the total number of days of not providing the machinery exceed 15 (fifteen) days in a period of 03 months.4

Machinery and Equipment. 4.4.1 The Authority shall upon receiving a request from the Contractor, provide the machinery and equipment specified in Schedule P on payment of hire charges at the monthly rates specified therein. The Parties agree that the monthly rate for each machine or equipment shall be inclusive of fuel and all other operating charges, which shall be converted into daily rates taking a month comprising 25 (twenty five) working days. The Parties further agree that for each machinery or equipment: (a) The charges shall be payable for a day even if a machine or equipment is used for less than 8 (eight) hours, so long as it has been placed at the disposal of the Contractor and has not been withdrawn; (b) the daily rates shall be computed for a shift of 8 (eight) hours taken as one day. By way of illustration, if the machinery or equipment is used for 16 (sixteen) hours on any day, the charges payable shall be equal to twice the daily rate; and (c) for any machinery or equipment which can be used only during the period of a Power Block or Traffic Block, no payment shall be due or payable for the day on which such block is not provided to the Contractor.] 9 Clause 4.3 may be suitably modified in the event that all the environmental/forest clearances for the Project Railway have been received or are not required. It should be clearly stated that all the environmental/forest clearances for the Railway Project has been received; or such environmental/forest clearances for the Railway Project are not required. 4.4.2 The Contractor shall by notice of at least three weeks convey to the Authority particulars of the machinery and equipment required for each day of the following one month. 4.4.3 In the event that the Authority does not provide any machinery and equipment at the designated time in pursuance of the provisions of Clause 4.4.1, the Contractor shall be entitled to Damages in an amount equal twice the rates specified in Schedule-P.Provided P. Provided further that the Contractor shall be entitled to Time Extension in accordance with the provisions of Clause 10.4 if the number of days for which the machinery has not been provided continuously exceeds 7 (seven) and/ or the total number of days of not providing the machinery exceed 15 (fifteen) days in a period of 03 months.4Clause

Machinery and Equipment. 4.4.1 5.4.1 The Authority shall upon receiving a request from the ContractorConcessionaire, provide the machinery and equipment specified in Schedule P Schedule-N on payment of hire charges at the monthly rates specified therein. The Parties agree that the monthly rate for each machine or equipment shall be equal to 2% (two per cent) of the cost of such machine or equipment, as published in the latest pink book of the Ministry of Railways and shall be inclusive of fuel and all other operating charges, which shall be converted into daily rates taking a month comprising 25 (twenty five) working days. The Parties also agree that if the cost of any machine or equipment has not been published in the latest pink book, then the last purchase price thereof, as per the records of the Ministry of Railways, shall be applicable for determining the charges for such machine or equipment. The Parties further agree that for each machinery or equipment: (a) The charges shall be payable for a day even if a machine or equipment is used for less than 8 (eight) hours, so long as it has been placed at the disposal of the Contractor Concessionaire and has not been withdrawn; (b) the daily rates shall be computed for a shift of 8 (eight) hours taken as one day. By way of illustration, if the machinery or equipment is used for 16 (sixteen) hours on any day, the charges payable shall be equal to twice the daily rate; and and 9 Clause 5.3 may be suitably modified in the event that all the environmental/forest clearances for the Project Railway have been received or are not required. It should be clearly stated that all the environmental/forest clearances for the Railway Project has been received; or such environmental/forest clearances for the Railway Project are not required. [(c) for any machinery or equipment which can be used only during the period of a Power Block or Traffic Block, no payment shall be due or payable for the day on which such block is not provided to the ContractorConcessionaire.] 4.4.2 5.4.2 The Contractor Concessionaire shall by notice of at least three weeks convey to the Authority particulars of the machinery and equipment required for each day of the following one month. 4.4.3 5.4.3 In the event that the Authority does not provide any machinery and equipment at the designated time in pursuance of the provisions of Clause 4.4.15.4.1, the Contractor Concessionaire shall be entitled to Damages in an amount equal twice the rates specified in Schedule-P.Provided N. Provided further that the Contractor Concessionaire shall be entitled to Time Extension in accordance with the provisions of Clause 10.4 11.4 if the number of days for which the machinery has not been provided continuously exceeds 7 (seven) and/ or the total number of days of not providing the machinery exceed 15 (fifteen) days in a period of 03 months.4months.10

Machinery and Equipment. 4.4.1 5.4.1 The Authority shall upon receiving a request from the ContractorConcessionaire, provide the machinery and equipment specified in Schedule P Schedule-N on payment of hire charges at the monthly rates specified therein. The Parties agree that the monthly rate for each machine or equipment shall be equal to 2% (two per cent) of the cost of such machine or equipment, as published in the latest pink book of the Ministry of Railways and shall be inclusive of fuel and all other operating charges, which shall be converted into daily rates taking a month comprising 25 (twenty five) working days. The Parties also agree that if the cost of any machine or equipment has not been published in the latest pink book, then the last purchase price thereof, as per the records of the Ministry of Railways, shall be applicable for determining the charges for such machine or equipment. The Parties further agree that for each machinery or equipment: (a) The charges shall be payable for a day even if a machine or equipment is used for less than 8 (eight) hours, so long as it has been placed at the disposal of the Contractor and has not been withdrawn; (b) the daily rates shall be computed for a shift of 8 (eight) hours taken as one day. By way of illustration, if the machinery or equipment is used for 16 (sixteen) hours on any day, the charges payable shall be equal to twice the daily rate; and and 9 Clause 5.3 may be suitably modified in the event that all the environmental/forest clearances for the Project Railway have been received or are not required. It should be clearly stated that all the environmental/forest clearances for the Railway Project has been received; or such environmental/forest clearances for the Railway Project are not required. [(c) for any machinery or equipment which can be used only during the period of a Power Block or Traffic Block, no payment shall be due or payable for the day on which such block is not provided to the ContractorConcessionaire.] 4.4.2 5.4.2 The Contractor Concessionaire shall by notice of at least three weeks convey to the Authority particulars of the machinery and equipment required for each day of the following one month. 4.4.3 5.4.3 In the event that the Authority does not provide any machinery and equipment at the designated time in pursuance of the provisions of Clause 4.4.15.4.1, the Contractor Concessionaire shall be entitled to Damages in an amount equal twice the rates specified in Schedule-P.Provided N. Provided further that the Contractor Concessionaire shall be entitled to Time Extension in accordance with the provisions of Clause 10.4 11.4 if the number of days for which the machinery has not been provided continuously exceeds 7 (seven) and/ or the total number of days of not providing the machinery exceed 15 (fifteen) days in a period of 03 months.4months.10

Machinery and Equipment. 4.4.1 The Authority SPV shall upon receiving a request from the Contractor, provide the machinery and equipment specified in Schedule P on payment of hire charges at the monthly rates specified therein. The Parties agree that the monthly rate for each machine or equipment shall be inclusive of fuel and all other operating charges, which shall be converted into daily rates taking a month comprising 25 (twenty five) working days. The Parties further agree that for each machinery or equipment: (a) The charges shall be payable for a day even if a machine or equipment is used for less than 8 (eight) hours, so long as it has been placed at the disposal of the Contractor and has not been withdrawn; (b) the daily rates shall be computed for a shift of 8 (eight) hours taken as one day. By way of illustration, if the machinery or equipment is used for 16 (sixteen) hours on any day, the charges payable shall be equal to twice the daily rate; and (c) for any machinery or equipment which can be used only during the period of a Power Block or Traffic Block, no payment shall be due or payable for the day on which such block is not provided to the Contractor. 4.4.2 The Contractor shall by notice of at least three weeks convey to the Authority SPV the particulars of the machinery and equipment required for each day of the following one month. 4.4.3 In the event that the Authority SPV does not provide any machinery and equipment at the designated time in pursuance of the provisions of Clause 4.4.1, the Contractor shall be entitled to Damages in an amount equal twice the rates specified in Schedule-P.Provided P. Provided further that the Contractor shall be entitled to Time Extension in accordance with the provisions of Clause 10.4 if the number of days for which the machinery has not been provided continuously exceeds 7 (seven) and/ or the total number of days of not providing the machinery exceed 15 (fifteen) days in a period of 03 months.4months.10

Machinery and Equipment. 4.4.1 The Authority shall upon receiving a request from the Contractor, provide the machinery and equipment specified in Schedule P on payment of hire charges at the monthly rates specified therein. The Parties agree that the monthly rate for each machine or equipment shall be inclusive of fuel and all other operating charges, which shall be converted into daily rates taking a month comprising 25 (twenty five) working days. The Parties further agree that for each machinery or equipment: (a) The charges shall be payable for a day even if a machine or equipment is used for less than 8 (eight) hours, so long as it has been placed at the disposal of the Contractor and has not been withdrawn; (b) the daily rates shall be computed for a shift of 8 (eight) hours taken as one day. By way of illustration, if the machinery or equipment is used for 16 (sixteen) hours on any day, the charges payable shall be equal to twice the daily rate; and and 9 Clause 4.3 may be suitably modified in the event that all the environmental/forest clearances for the Project Railway have been received or are not required. It should be clearly stated that all the environmental/forest clearances for the Railway Project has been received; or such environmental/forest clearances for the Railway Project are not required. [(c) for any machinery or equipment which can be used only during the period of a Power Block or Traffic Block, no payment shall be due or payable for the day on which such block is not provided to the Contractor.] 4.4.2 The Contractor shall by notice of at least three weeks convey to the Authority particulars of the machinery and equipment required for each day of the following one month. 4.4.3 In the event that the Authority does not provide any machinery and equipment at the designated time in pursuance of the provisions of Clause 4.4.1, the Contractor shall be entitled to Damages in an amount equal twice the rates specified in Schedule-P.Provided P. Provided further that the Contractor shall be entitled to Time Extension in accordance with the provisions of Clause 10.4 if the number of days for which the machinery has not been provided continuously exceeds 7 (seven) and/ or the total number of days of not providing the machinery exceed 15 (fifteen) days in a period of 03 months.4Clause

Machinery and Equipment. 4.4.1 The Authority shall upon receiving a request from the Contractor, provide the machinery and equipment specified in Schedule P on payment of hire charges at the monthly rates specified therein. The Parties agree that the monthly rate for each machine or equipment shall be inclusive of fuel and all other operating charges, which shall be converted into daily rates taking a month comprising 25 (twenty five) working days. The Parties further agree that for each machinery or equipment: (a) The charges shall be payable for a day even if a machine or equipment is used for less than 8 (eight) hours, so long as it has been placed at the disposal of the Contractor and has not been withdrawn; (b) the daily rates shall be computed for a shift of 8 (eight) hours taken as one day. By way of illustration, if the machinery or equipment is used for 16 (sixteen) hours on any day, the charges payable shall be equal to twice the daily rate; and (c) for any machinery or equipment which can be used only during the period of a Power Block or Traffic Block, no payment shall be due or payable for the day on which such block is not provided to the Contractor.] 4.4.2 The Contractor shall by notice of at least three weeks convey to the Authority the particulars of the machinery and equipment required for each day of the following one month. 4.4.3 In the event that the Authority does not provide any machinery and equipment at the designated time in pursuance of the provisions of Clause 4.4.1, the Contractor shall be entitled to Damages in an amount equal twice the rates specified in Schedule-P.Provided P. Provided further that the Contractor shall be entitled to Time Extension in accordance with the provisions of Clause 10.4 if the number of days for which the machinery has not been provided continuously exceeds 7 (seven) and/ or the total number of days of not providing the machinery exceed 15 (fifteen) days in a period of 03 months.4months.10 9 Clause 4.3 may be suitably modified in the event that all the environmental/forest clearances for the Project Railway have been received or are not required. It should be clearly stated that all the environmental/forest clearances for the Railway Project has been received; or such environmental/forest clearances for the Railway Project are not required. 10Delete if not applicable.