Common use of Maintenance during Construction Period Clause in Contracts

Maintenance during Construction Period. 12.4.1 During the Construction Period, the Concessionaire shall maintain, at its cost, the existing Project Highway to ensure that the road is in pothole free condition is maintained , and shall undertake the necessary repair and maintenance works for this purpose; provided that the Concessionaire may, at its cost, interrupt and divert the Users and other persons if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. Further, in case the Scheduled Completion Date gets extended due to delay attributable solely to the Authority, the Concessionaire shall be liable to maintain the Project Highway for such extended period and shall be entitled to receive reimbursement of cost of maintenance for such extended period at the rate specified in Clause 6.2. 1. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the Project. 12.4.2 In the event of default by the Concessionaire in discharging the obligations specified in Clause 12.4.1, the Authority may levy and recover Damages equal to 0.2% (zero point two per cent) of the Performance Security for each day of default hereunder. 12.4.3 The Parties expressly agree that pursuant to the provisions of Clause 12.4.1, the Concessionaire shall, about 7 (seven) days prior to the date of this Agreement and with prior notice to the Authority and alongwith the Authority’s Representative, undertake video recording of the condition and status of the Project, which recording shall be compiled into a 3 (three)-hour digital video disc or any substitute thereof, and shall provide 3 (three) copies of such recording to the Authority within 2 (two) days of the date of this Agreement. The Authority may, in its discretion, undertake another video recording in the presence of the Concessionaire’s representative, within 7 (seven) days of the date of this Agreement, and substitute its video recording for the video recording undertaken by the Concessionaire. The Parties further agree that such video recording shall constitute evidence of the status and condition of the Project as on the date of such recording.

Maintenance during Construction Period. 12.4.1 During the Construction Period, the Concessionaire shall maintain, at its cost, the existing Project Highway to ensure so that the road is in pothole free service quality and safety thereof are at no time materially inferior as compared to their condition is maintained 7(seven) days prior to the date of this Agreement, and shall undertake the necessary repair and maintenance works for this purpose; , provided that the Concessionaire may, at its cost, interrupt and divert the Users and other persons if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. Further, in case the Scheduled Completion Date gets extended due to delay attributable solely to the Authority, the Concessionaire shall be liable to maintain the Project Highway for such extended period and shall be entitled to receive reimbursement of cost of maintenance for such extended period at the rate specified in Clause 6.2. 1. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the Project. 12.4.2 In the event of default by the Concessionaire in discharging the obligations specified in Clause 12.4.1, the Authority may levy and recover Damages equal to 0.2% (zero point two per centpercent) of the Performance Security for each day of default hereunder. 12.4.3 The Parties expressly agree that pursuant to the provisions of Clause 12.4.1, the Concessionaire shall, about 7 (seven7(seven) days prior to the date of this Agreement and with prior notice to the Authority and alongwith the Authority’s Representative, undertake video recording of the condition and status of the Project, which recording shall be compiled into a 3 (three)-hour three) –hour digital video disc or any substitute thereof, and shall provide 3 (three3(three) copies of such recording to the Authority within 2 (two2(two) days of the date of this Agreement. The Authority may, in its discretion, undertake another video recording in the presence of the Concessionaire’s Concessionaire‟s representative, within 7 (seven7(seven) days of the date of this Agreement, and substitute its video recording for the video recording undertaken by the Concessionaire. The Parties further agree that such video recording shall constitute evidence of the status and condition of the Project as on the date of such recording.

Maintenance during Construction Period. 12.4.1 During the Construction Period, the Concessionaire shall maintain, at its cost, the existing Project Highway to ensure that the road is in pothole free condition is maintained , and shall undertake the necessary repair and maintenance works for this purpose; provided that the Concessionaire may, at its cost, interrupt and divert the Users and other persons if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. Further, in case the Scheduled Completion Date gets extended due to delay attributable solely to the Authority, the Concessionaire shall be liable to maintain the Project Highway for such extended period and shall be entitled to receive reimbursement of cost of maintenance for such extended period at the rate specified in Clause 6.2. 1. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the Project. 12.4.2 In the event of default by the Concessionaire in discharging the obligations specified in Clause 12.4.1, the Authority may levy xxx xxxx and recover Damages equal to 0.2% (zero point two per cent) of the Performance Security for each day of default hereunder. 12.4.3 The Parties expressly agree that pursuant to the provisions of Clause 12.4.1, the Concessionaire shall, about 7 (seven) days prior to the date of this Agreement and with prior notice to the Authority and alongwith the Authority’s Representative, undertake video recording of the condition and status of the Project, which recording shall be compiled into a 3 (three)-hour digital video disc or any substitute thereof, and shall provide 3 (three) copies of such recording to the Authority within 2 (two) days of the date of this Agreement. The Authority may, in its discretion, undertake another video recording in the presence of the Concessionaire’s representative, within 7 (seven) days of the date of this Agreement, and substitute its video recording for the video recording undertaken by the Concessionaire. The Parties further agree that such video recording shall constitute evidence of the status and condition of the Project as on the date of such recording.

Maintenance during Construction Period. 12.4.1 During the Construction Period, the Concessionaire shall maintain, at its cost, the existing Project Highway to ensure that the road is in pothole free condition is maintained , and shall undertake the necessary repair and maintenance works for this purpose; provided that the Concessionaire may, at its cost, interrupt and divert the Users and other persons if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. Further, in case the Scheduled Completion Date gets extended due to delay attributable solely to the Authority, the Concessionaire shall be liable to maintain the Project Highway for such extended period and shall be entitled to receive reimbursement of cost of maintenance for such extended period at the rate specified in Clause 6.2. 1. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the Project. 12.4.2 In the event of default by the Concessionaire in discharging the obligations specified in Clause 12.4.1, the Authority may levy and recover Damages equal to 0.2% (zero point two per cent) of the Performance Security for each day of default hereunder. 12.4.3 The Parties expressly agree that pursuant to the provisions of Clause 12.4.1, the Concessionaire shall, about 7 (seven) days prior to the date of this Agreement and with prior notice to the Authority and alongwith the Authority’s Representative, undertake video recording of the condition and status of the Project, which recording shall be compiled into a 3 (three)-hour digital video disc or any substitute thereof, and shall provide 3 (three) copies of such recording to the Authority within 2 (two) days of the date of this Agreement. The Authority may, in its discretion, undertake another video recording in the presence of the Concessionaire’s representative, within 7 (seven) days of the date of this Agreement, and substitute its video recording for the video recording undertaken by the Concessionaire. The Parties further agree that such video recording shall constitute evidence of the status and condition of the Project as on the date of such recording.

Maintenance during Construction Period. 12.4.1 During the Construction Period, the Concessionaire shall maintain, at its cost, the existing lane(s) of the Project Highway to ensure so that the road is in pothole free traffic worthiness and safety thereof are at no time materially inferior as compared to their condition is maintained 7 (seven) days prior to the date of this Agreement, and shall undertake the necessary repair and maintenance works for this purpose; provided that the Concessionaire may, at its cost, interrupt and divert the Users and other persons flow of traffic if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. Further, in case the Scheduled Completion Date gets extended due to delay attributable solely to the Authority, the Concessionaire shall be liable to maintain the Project Highway for such extended period and shall be entitled to receive reimbursement of cost of maintenance for such extended period at the rate specified in Clause 6.2. 1. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the ProjectProject Highway. 12.4.2 In the event of default by the Concessionaire in discharging the obligations specified in Clause 12.4.1, the Authority may levy xxx xxxx and recover Damages equal to 0.2% (zero point two per cent) of the Performance Security for each day of default hereunder. 12.4.3 The Parties expressly agree that pursuant to the provisions of Clause 12.4.1, the Concessionaire shall, about 7 (seven) days prior to the date of this Agreement and with prior notice to the Authority and alongwith the Authority’s Representative, undertake video recording of the condition and status of the Project, which recording shall be compiled into a 3 (three)-hour digital video disc or any substitute thereof, and shall provide 3 (three) copies of such recording to the Authority within 2 (two) days of the date of this Agreement. The Authority may, in its discretion, undertake another video recording in the presence of the Concessionaire’s representative, within 7 (seven) days of the date of this Agreement, and substitute its video recording for the video recording undertaken by the Concessionaire. The Parties further agree that such video recording shall constitute evidence of the status and condition of the Project as on the date of such recording.

Maintenance during Construction Period. 12.4.1 During the Construction Period, the Concessionaire shall maintain, at its cost, the existing Project Highway to ensure so that the road is in pothole free service quality and safety thereof are at no time materially inferior as compared to their condition is maintained 7(seven) days prior to the date of this Agreement, and shall undertake the necessary repair and maintenance works for this purpose; , provided that the Concessionaire may, at its cost, interrupt and divert the Users and other persons if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. Further, in case the Scheduled Completion Date gets extended due to delay attributable solely to the Authority, the Concessionaire shall be liable to maintain the Project Highway for such extended period and shall be entitled to receive reimbursement of cost of maintenance for such extended period at the rate specified in Clause 6.2. 1. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the Project. 12.4.2 In the event of default by the Concessionaire in discharging the obligations specified in Clause 12.4.1, the Authority may levy xxx xxxx and recover Damages equal to 0.2% (zero point two per centpercent) of the Performance Security for each day of default hereunder. 12.4.3 The Parties expressly agree that pursuant to the provisions of Clause 12.4.1, the Concessionaire shall, about 7 (seven7(seven) days prior to the date of this Agreement and with prior notice to the Authority and alongwith the Authority’s Representative, undertake video recording of the condition and status of the Project, which recording shall be compiled into a 3 (three)-hour three) –hour digital video disc or any substitute thereof, and shall provide 3 (three3(three) copies of such recording to the Authority within 2 (two2(two) days of the date of this Agreement. The Authority may, in its discretion, undertake another video recording in the presence of the Concessionaire’s representative, within 7 (seven7(seven) days of the date of this Agreement, and substitute its video recording for the video recording undertaken by the Concessionaire. The Parties further agree that such video recording shall constitute evidence of the status and condition of the Project as on the date of such recording.

Maintenance during Construction Period. 12.4.1 During the Construction Period, the Concessionaire Contractor shall maintain, at its cost, the existing Project Highway Lake and Water shed to ensure that the road is in pothole free condition is well maintained , and shall undertake the necessary repair and steps for the maintenance works for of this purpose; provided that the Concessionaire Contractor may, at its cost, interrupt and divert the Users and other persons if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Concessionaire Contractor only with the prior written approval of the Independent Engineer Project Management Unit (PMU) which approval shall not be unreasonably withheld. Further, in case the Scheduled Completion Date gets extended due to delay attributable solely to the Authority, the Concessionaire shall be liable to maintain the Project Highway for such extended period and shall be entitled to receive reimbursement of cost of maintenance for such extended period at the rate specified in Clause 6.2. 1. For the avoidance of doubt, it is agreed that the Concessionaire Contractor shall at all times be responsible for ensuring safe operation of the Project. 12.4.2 In the event of default by the Concessionaire Contractor in discharging the obligations specified in Clause 12.4.1, the Authority may levy and recover Damages equal to 0.2% (zero point two one per cent) of the Performance Security for each day of default hereunder. 12.4.3 The Parties expressly agree that pursuant to the provisions of Clause 12.4.1, the Concessionaire Contractor shall, about 7 (seven) days prior to the date of this Agreement and with prior notice to the Authority and alongwith along with the Authority’s Representative, undertake video recording of the condition and status of the Project, which recording shall be compiled into a 3 (three)-hour digital video disc or any substitute thereof, and shall provide 3 (three) copies of such recording to the Authority within 2 (two) days of the date of this Agreement. The Authority may, in its discretion, undertake another video recording in the presence of the ConcessionaireContractor’s representative, within 7 (seven) days of the date of this Agreement, and substitute its video recording for the video recording undertaken by the ConcessionaireContractor. The Parties further agree that such video recording shall constitute evidence of the status and condition of the Project as on the date of such recording.

Maintenance during Construction Period. 12.4.1 During the Construction Period, the Concessionaire shall maintain, at its cost, the existing lane(s) of the Project Highway to ensure so that the road is in pothole free traffic worthiness and safety thereof are at no time materially inferior as compared to their condition is maintained 7 (seven) days prior to the date of this Agreement, and shall undertake the necessary repair and maintenance works for this purpose; provided that the Concessionaire may, at its cost, interrupt and divert the Users and other persons flow of traffic if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. Further, in case the Scheduled Completion Date gets extended due to delay attributable solely to the Authority, the Concessionaire shall be liable to maintain the Project Highway for such extended period and shall be entitled to receive reimbursement of cost of maintenance for such extended period at the rate specified in Clause 6.2. 1. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the ProjectProject Highway. 12.4.2 In the event of default by the Concessionaire in discharging the obligations specified in Clause 12.4.1, the Authority may levy and recover Damages equal to 0.2% (zero point two per cent) of the Performance Security for each day of default hereunder. 12.4.3 The Parties expressly agree that pursuant to the provisions of Clause 12.4.1, the Concessionaire shall, about 7 (seven) days prior to the date of this Agreement and with prior notice to the Authority and alongwith the Authority’s Representative, undertake video recording of the condition and status of the Project, which recording shall be compiled into a 3 (three)-hour digital video disc or any substitute thereof, and shall provide 3 (three) copies of such recording to the Authority within 2 (two) days of the date of this Agreement. The Authority may, in its discretion, undertake another video recording in the presence of the Concessionaire’s representative, within 7 (seven) days of the date of this Agreement, and substitute its video recording for the video recording undertaken by the Concessionaire. The Parties further agree that such video recording shall constitute evidence of the status and condition of the Project as on the date of such recording.

Maintenance during Construction Period. 12.4.1 During the Construction Period, the Concessionaire shall continue to operate and maintain, at its cost, the existing Project Highway to ensure that the road is in pothole free condition is maintained , Rehabilitation Assets and shall undertake the necessary repair repair, rehabilitation, and maintenance works simultaneously for this purpose; provided that the Concessionaire may, at its cost, interrupt and divert the Users and other persons operation of the Rehabilitation Assets if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer Authority which approval shall not be unreasonably withheld. Further, in case the Scheduled Completion Date gets extended due to delay attributable solely to the Authority, the Concessionaire shall be liable to maintain the Project Highway for such extended period and shall be entitled to receive reimbursement of cost of maintenance for such extended period at the rate specified in Clause 6.2. 1. For the avoidance of doubt, it It is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the Project. 12.4.2 In the event of default by the Concessionaire in discharging the obligations specified in Clause 12.4.1, the Authority may levy and recover Damages equal to 0.2% (zero point two per cent) of the Performance Security for each day of default hereunder. 12.4.3 The Parties expressly agree that pursuant to the provisions of Clause 12.4.1, the Concessionaire shall, about 7 (seven) days prior to the date of this Agreement and with prior notice to the Authority and alongwith along with the Authority’s Authority‟s Representative, undertake video recording of the condition and status of the Project, which recording shall be compiled into a 3 (three)-hour digital video disc or any substitute thereof, and shall provide 3 (three) copies of such recording to the Authority within 2 (two) days of the date of this Agreement. The Authority may, in its discretion, undertake another video recording in the presence of the Concessionaire’s Concessionaire‟s representative, within 7 (seven) days of the date of this Agreement, and substitute its video recording for the video recording undertaken by the Concessionaire. The Parties further agree that such video recording shall constitute evidence of the status and condition of the Project as on the date of such recording.

Maintenance during Construction Period. 12.4.1 During the Construction Period, the Concessionaire shall maintain, at its cost, the existing Project Highway to Highwayto ensure that the road is in pothole free condition is maintained , and shall undertake the necessary repair and maintenance works for this purpose; provided that the Concessionaire may, at its cost, interrupt and divert the Users and other persons if such interruption and diversion is necessary for the efficient progress of Construction Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. Further, in case the Scheduled Completion Date gets extended due to delay attributable solely to the Authority, the Concessionaire shall be liable to maintain the Project Highway for such extended period and shall be entitled to receive reimbursement of cost of maintenance for such extended period at the rate specified in Clause 6.2. 1. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the Project. 12.4.2 In the event of default by the Concessionaire in discharging the obligations specified in Clause 12.4.1, the Authority may levy xxx xxxx and recover Damages equal to 0.2% (zero point two per cent) of the Performance Security for each day of default hereunder. 12.4.3 The Parties expressly agree that pursuant to the provisions of Clause 12.4.1, the Concessionaire shall, about 7 (seven) days prior to the date of this Agreement and with prior notice to the Authority and alongwith the Authority’s Representative, undertake video recording of the condition and status of the Project, ,which recording shall be compiled into a 3 (three)-hour digital video disc or any substitute thereof, and shall provide 3 (three) copies of such recording to the Authority within 2 (two) days of the date of this Agreement. The Authority may, in its discretion, undertake another video recording in the presence of the Concessionaire’s representative, within 7 (seven) days of the date of this Agreement, and substitute its video recording for the video recording undertaken by the Concessionaire. The Parties further agree that such video recording shall constitute evidence of the status and condition of the Project as on the date of such recording.