Common use of Maintenance obligations of the Contractor Clause in Contracts

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.5% of the Contract Price for the first year and 1%, 1.5%, 2% of the Contract Price for the second, third and fourth year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 9 contracts

Samples: Construction Contract, Engineering, Procurement & Construction (Epc) Agreement, Construction Contract

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Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.5% of the Contract Price for the first year and 1%, 1.5%, 2% of the Contract Price for the second, third and fourth year respectively in case of road projects. But in case of stand alone standalone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 4 contracts

Samples: Epc Agreement, Epc Agreement, Draft Contract Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 [2 (fourtwo) years years] commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor Contractor shall be paid 0.5a total amount equal to 1.5% (one and one-half per cent) of the Contract Price for the first year of maintenance, and 1%, 1.5%, 2% (two per cent) of the Contract Price for the second, third and fourth second year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall bemaintenance, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 4 contracts

Samples: Epc Agreement, Epc Agreement, Epc Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 5 (fourfive) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor no charges shall be paid 0.5% of to the Contract Price Contractor for the first year and 1%, 1.5%, 2year; 0.50% of the Contract Price for the second, third and fourth year respectively and 1% of the contract price for the fifth year in case of road projects. But in case of stand alone standalone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 4 contracts

Samples: Draft Contract Agreement, Draft Contract Agreement (Dca), Draft Contract Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.5% of the Contract Price for the first year and 1%, 1.5%, 2% of the Contract Price for the second, third and fourth year respectively in case of road projects. But in case of stand alone standalone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting Permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking Undertaking repairs to structures; (d) informing Informing the Authority of any unauthorised use of the Project Highway; (e) informing Informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 3 contracts

Samples: Contract Agreement, Contract Agreement, Contract Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four5(five) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor Contractor shall be paid 0.5% of the Contract Price for the first year , and 10.5%, 1.0%, 1.5%, 2% and 1.5% of the Contract Price for the second, third third, fourth and fourth fifth year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, ,inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but 8.3.3,but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 2 contracts

Samples: Epc Agreement, Epc Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.5% %# of the Contract Price for the first year and 1%#, 1.5%#, 2% %# of the Contract Price for the second, third and fourth year respectively in case of road projects. But in case of stand alone standalone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement.. #In case of Rigid Pavement - 0.25% of the Contract Price for the 1st year and 0.5%, 0.75%, 1% of the contract price for the Second, Third, Fourth year respectively in case of Road Projects 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 2 contracts

Samples: Draft Contract Agreement, Draft Contract Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 5 (fourfive) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.5% of the Contract Price for the first year and 10.5%, 1.0%, 1.5%, 2% and 1.5% of the Contract Price for the second, third third, fourth and fourth fifth year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 2 contracts

Samples: Epc Agreement, Epc Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four5(five) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor Contractor shall be paid 0.5% of the Contract Price for the first year , and 10.5%, 1.0%, 1.5%, 2% and 1.5% of the Contract Price for the second, third third, fourth and fourth fifth year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, ,inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Epc Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 5 (fourfive) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.50.25% of the Contract Price for the first year and 0.5%, 1%, 1.5%, 2% of the Contract Price for the second, third third,fourth and fourth five year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting Permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Draft Contract Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway Works for a period of 4 [2 (fourtwo) years years] commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor Contractor shall be paid 0.5a total amount equal to 1% (one per cent) of the Contract Price for the first year of maintenance, and 1%, 1.5%, 2% (one per cent) of the Contract Price for the second, third and fourth second year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall bemaintenance, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10Scope. 14.1.2 During the Maintenance Period, the Authority Employer shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project HighwayDeleted; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devicesmaintenance; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway;Deleted (e) informing the Authority Employer of any encroachments on the Project HighwaySite; and (f) operation and maintenance of all utility service lines, communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway Works in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority Employer or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway site any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway site in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Epc Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor Contractor shall be paid 0.5% of the Contract Price for the first year and 1%, 1.5%, 22 % of the Contract Price respectively for the second, third and fourth year respectively in case of road projects. But in case of stand alone Bridge / structure Bridge/ Structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.50.5 % of the Contract Price contract price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.and

Appears in 1 contract

Samples: Epc Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.5% of the Contract Price in case of flexible pavement for the first year and 1%, 1.5%, 2% of the Contract Price for the second, third and fourth year respectively in case of road projectsproject. But in case of stand alone Bridge / structure workTunnel Project, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project HighwayProject; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project HighwayProject; (e) informing the Authority of any encroachments on the Project HighwayProject; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Epc Agreement

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Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway PROJECT for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor Contractor shall be paid 0.5% of the Contract Price for the first year and 1%, 1.5%, % and 2% of the Contract Price for the second, third and fourth year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority Authority/GMDA shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project HighwayPROJECT; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority Authority/GMDA of any unauthorised unauthorized use of the Project HighwayPROJECT; (e) informing Informing the Authority Authority/GMDA of any encroachments on the Project HighwayPROJECT; and (f) and operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway PROJECT in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority Authority/GMDA or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway PROJECT any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway PROJECT in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Engineering Procurement and Construction Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 5 (fourfive) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.5% of the Contract Price for the first first year and 0.5%, 1%, 1.51 %, 21.5% of the Contract Price for the second, third third, fourth and fourth fifth year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10... 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.5% of the Contract Price for the first year and 1%, 1.5%, 2% of the Contract Price for the second, third and fourth year respectively in case of road projects. But in case of stand alone .For this, standalone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. #- In case of Rigid Pavement-0.25% of the Contract Price for the 1st year and 0.5%, 0.75%, 1% of the Contract Price for the Second, third and Fourth year respectively in case of road projects. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Epc Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.5% 0.5%#1 of the Contract Price for the first year and 1%#, 1.5%#, 2% %# of the Contract Price for the second, third and fourth year respectively in case of road projects. But in case of stand alone standalone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement.. #In case of Rigid Pavement - 0.25% of the Contract Price for the 1st year and 0.5%, 0.75%, 1% of the contract price for the Second, Third, Fourth year respectively in case of Road Projects 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Contract Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four5 ( five) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor Contractor shall be paid 0.5% of the Contract Price for the first year , and 0.5, 1%, 1.5%, 2% and 1.5% of the Contract Price for the second, third third, fourth and fourth fifth year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out o ut of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Epc Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four5 ( five) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor Contractor shall be paid 0.5% of the Contract Price for the first year , and 10.5%, 1.0%, 1.5%, 2% and 1.5% of the Contract Price for the second, third third, fourth and fourth fifth year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting Permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Epc Agreement

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway Works carried out by the contractor for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor Contractor shall be paid 0.5a total amount equal to 1% (one per cent) of the Contract Price for the first year of maintenance, and 1%, 1.5%, 2% (one and half per cent) of the Contract Price for the secondSecond, third Third and fourth Fourth year respectively in case of road projects. But in case of stand alone Bridge / structure work, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price for the first, second, third and fourth year respectively. Amount shall bemaintenance, inclusive of all taxes. .. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority Employer shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project HighwayDeleted; (b) undertaking Undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devicesmaintenance; (c) undertaking Undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway;Deleted (e) informing Informing the Authority Employer of any encroachments on the Project HighwaySite; and (f) operation Operation and maintenance of all communicationutilities/equipment/items supplied and installed by the contractor under this contract and any further item as per the final approved drawings. Communication, patrolling, and administrative systems works necessary for the efficient maintenance of all the Project Highway service area plots and is also to be carried out by the contractor in accordance with the provisions of this Agreement. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority Employer or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway works any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway works in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Contract Agreement for Design and Construction

Maintenance obligations of the Contractor. 14.1.1 The Contractor shall maintain the Project Highway for a period of 4 (four) years commencing from the date of the Provisional Certificate (the “Maintenance Period”). For the performance of its Maintenance obligations, the contractor shall be paid 0.5% %# of the Contract Price of flexible pavement for the first year and 1%, 1.5%, 2% of the Contract Price of flexible pavement for the second, third and fourth year respectively in case of road projectsflexible pavement. But in case of stand alone Bridge / structure workHowever for the other works, the contractor shall be paid 0.25%, 0.5%, 0.5% and 0.5% of the Contract Price of other works for the first, second, third and fourth year respectively. Amount shall be, inclusive of all taxes. The amount payable for maintenance shall be adjusted to reflect any increase or decrease arising out of variation in WPI to be determined in accordance with the provisions of Clause 19.12. For the avoidance of doubt, it is agreed that in the event no Provisional Certificate is issued, the Maintenance Period shall commence from the date of the Completion Certificate. It is further agreed that the Contract Price hereunder shall be reckoned with reference to the amount specified in Clause 19.1.1, which shall be adjusted to the extent of Change of Scope and the works withdrawn under the provisions of Clause 8.3.3, but shall not include any price adjustments in pursuance of Clause 19.10. 14.1.2 During the Maintenance Period, the Authority shall provide to the Contractor access to the Site for Maintenance in accordance with this Agreement. The obligations of the Contractor hereunder shall include: (a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway; (b) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices; (c) undertaking repairs to structures; (d) informing the Authority of any unauthorised use of the Project Highway; (e) informing the Authority of any encroachments on the Project Highway; and (f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance of the Project Highway in accordance with the provisions of this Agreement. #In Case of Rigid Pavement –0.25% of the contract price for the first year and 0.5%, 0.75%, 1.0% of the contract price for the second, third and fourth year respectively in case of road projects. 14.1.3 In respect of any Defect or deficiency not specified in Schedule-E, the Contractor shall, at its own cost, undertake repair or rectification in accordance with Good Industry Practice, save and except to the extent that such Defect or deficiency shall have arisen on account of any default or neglect of the Authority or a Force Majeure Event. 14.1.4 The Contractor shall remove promptly from the Project Highway any waste materials (including hazardous materials and waste water), rubbish and other debris (including, without limitation, accident debris) and keep the Project Highway in a clean, tidy and orderly condition, and in conformity with the Applicable Laws, Applicable Permits and Good Industry Practice.

Appears in 1 contract

Samples: Epc Agreement

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