Common use of Mobilization Advance Guarantee Clause in Contracts

Mobilization Advance Guarantee. (a) Within 30 days of the Effective Date, the Concessionaire shall submit to the Jal Xxxxx: (i) an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Jagjeetpur Mobilization Advance for the Jagjeetpur Facilities in the form set out at Schedule 4 (the Jagjeetpur Mobilization Advance Guarantee); and (ii) an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Sarai Mobilization Advance for the Sarai Facilities in the form set out at Schedule 5 (the Sarai Mobilization Advance Guarantee), collectively, the Mobilization Advance Guarantees. The Mobilization Advance Guarantees shall secure the Mobilization Advance paid to the Concessionaire in accordance with Clause 9.3(d). The cost of procuring the Mobilization Advance Guarantees shall be borne solely by the Concessionaire. (b) Each Mobilization Advance Guarantee shall remain valid until the entire Mobilization Advance secured by such Mobilization Advance Guarantee has been adjusted against the Construction Payments. However, the Concessionaire may, at its discretion, progressively reduce the value of the relevant Mobilization Advance Guarantee by the amount of the Mobilization Advance adjusted against each of the 4 instalments of the Construction Payments, in accordance with Clause 9.3(d). For this purpose, the Concessionaire shall be required to furnish a replacement Mobilization Advance Guarantee of the reduced amount within 15 days of receipt of a Payment Certificate from the Jal Xxxxx on successful completion of the relevant Payment Milestone. The Jal Xxxxx shall return the relevant existing Mobilization Advance Guarantee upon receipt of a replacement Mobilization Advance Guarantee from the Concessionaire. (c) If any Mobilization Advance Guarantee is scheduled to expire before the entire Mobilization Advance has been adjusted, then the Concessionaire shall arrange for an extension of the relevant Mobilization Advance Guarantee at least 30 days prior to such expiration. If the Concessionaire fails to procure such extension or replacement, the Jal Xxxxx shall be entitled to drawdown the total amount available under such Mobilization Advance Guarantee and retain such amount as cash security until such time that the Concessionaire submits an extension or replacement of the Mobilization Advance Guarantee. (d) The Jal Xxxxx shall be entitled to utilize such retained amount in the same manner as it would utilize the Mobilization Advance Guarantee. Upon receipt of an extension or replacement Mobilization Advance Guarantee or on adjustment of the entire Mobilization Advance, the Jal Xxxxx shall return the unutilized cash security amount to the Concessionaire. The interest earned on any retained amounts or cash security shall be the property of the Jal Xxxxx and the Jal Xxxxx shall not be required to account to the Concessionaire for any such interest. (e) The Jal Xxxxx shall have the right to draw on the Mobilization Advance Guarantees in the event of the inadequate adjustment of the Mobilization Advance in accordance with Clause 9.3(d), prior to the Construction Completion Date. (f) The Jal Xxxxx shall not be required to give any prior notice to the Concessionaire of its intention to make a demand under any Mobilization Advance Guarantee. However, the Jal Xxxxx shall provide the Concessionaire with a copy of any demand notice issued by the Jal Xxxxx under a Mobilization Advance Guarantee, simultaneously with the issuance of the demand notice to the Scheduled Bank that has issued the Mobilization Advance Guarantee.

Mobilization Advance Guarantee. (a) Within 30 days of the Effective Date, the Concessionaire shall submit to the Jal XxxxxXxxxx : (i) an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Jagjeetpur Mirzapur Mobilization Advance for the Jagjeetpur Facilities in the form set out at Schedule 4 (the Jagjeetpur Mobilization Advance Guarantee); and (ii) an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Sarai Mobilization Advance for the Sarai Facilities in the form set out at Schedule 5 (the Sarai Mobilization Advance Guarantee), collectively, the Mobilization Advance GuaranteesAdvance. The Mobilization Advance Guarantees shall secure the each location’s Mobilization Advance paid to the Concessionaire in accordance with Clause Article 9.3(d). The cost of procuring the Mobilization Advance Guarantees shall be borne solely by the Concessionaire. (b) Each The Mobilization Advance Guarantee shall remain valid until the entire Mobilization Advance secured by such Mobilization Advance Guarantee has been adjusted against the relevant Construction Payments. However, the Concessionaire may, at its discretion, progressively reduce the value of the relevant Mobilization Advance Guarantee by the amount of the Mobilization Advance adjusted against each of the 4 instalments instalments, as applicable, of the relevant Construction Payments, in accordance with Clause Article 9.3(d). For this purpose, the Concessionaire shall be required to furnish a replacement Mobilization Advance Guarantee of the reduced amount within 15 days of receipt of a Payment Certificate from the Jal Xxxxx on successful completion of the relevant Payment Milestone. The Jal Xxxxx shall return the relevant existing Mobilization Advance Guarantee upon receipt of a replacement Mobilization Advance Guarantee from the Concessionaire. (c) If any the Mobilization Advance Guarantee is scheduled to expire before the entire Mobilization Advance has been adjusted, then the Concessionaire shall arrange for an extension of the relevant Mobilization Advance Guarantee at least 30 days prior to such expiration. If the Concessionaire fails to procure such extension or replacement, the Jal Xxxxx shall be entitled to drawdown the total amount available under such Mobilization Advance Guarantee and retain such amount as cash security until such time that the Concessionaire submits an extension or replacement of the Mobilization Advance Guarantee. (d) The Jal Xxxxx shall be entitled to utilize such retained amount in the same manner as it would utilize the Mobilization Advance Guarantee. Upon receipt of an extension or replacement Mobilization Advance Guarantee or on adjustment of the entire Mobilization Advance, the Jal Xxxxx shall return the unutilized cash security amount to the Concessionaire. The interest earned on any retained amounts or cash security shall be the property of the Jal Xxxxx and the Jal Xxxxx shall not be required to account to the Concessionaire for any such interest. (e) The Jal Xxxxx shall have the right to draw on the Mobilization Advance Guarantees for any location in the event of the inadequate adjustment of the Mobilization Advance of such location in accordance with Clause Article 9.3(d), prior to the Construction Completion Date. (f) The Jal Xxxxx shall not be required to give any prior notice to the Concessionaire of its intention to make a demand under any Mobilization Advance Guarantee. However, the Jal Xxxxx shall provide the Concessionaire with a copy of any demand notice issued by the Jal Xxxxx under a Mobilization Advance Guarantee, simultaneously with the issuance of the demand notice to the Scheduled Bank that has issued the Mobilization Advance Guarantee.

Mobilization Advance Guarantee. (a) Within 30 days of the Effective Date, the Concessionaire shall submit to the Jal XxxxxExecutive Agency: (i) an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Jagjeetpur Farrukhabad Mobilization Advance for the Jagjeetpur Farrukhabad Facilities in the form set out at Schedule 4 (the Jagjeetpur Farrukhabad Mobilization Advance Guarantee); and (ii) an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Sarai Fatehgarh Mobilization Advance for the Sarai Fatehgarh Facilities in the form set out at Schedule 5 4 (the Sarai Fatehgarh Mobilization Advance Guarantee), collectively, the Mobilization Advance Guarantees. The Mobilization Advance Guarantees shall secure the Mobilization Advance paid to the Concessionaire in accordance with Clause 9.3(d). The cost of procuring the Mobilization Advance Guarantees shall be borne solely by the Concessionaire. (b) Each Mobilization Advance Guarantee shall remain valid until the entire Mobilization Advance secured by such Mobilization Advance Guarantee has been adjusted against the Construction Payments. However, the Concessionaire may, at its discretion, progressively reduce the value of the relevant Mobilization Advance Guarantee by the amount of the Mobilization Advance adjusted against each of the 4 instalments of the Construction Payments, in accordance with Clause 9.3(d). For this purpose, the Concessionaire shall be required to furnish a replacement Mobilization Advance Guarantee of the reduced amount within 15 days of receipt of a Payment Certificate from the Jal Xxxxx Executive Agency on successful completion of the relevant Payment Milestone. The Jal Xxxxx Executive Agency shall return the relevant existing Mobilization Advance Guarantee upon receipt of a replacement Mobilization Advance Guarantee from the Concessionaire. (c) If any Mobilization Advance Guarantee is scheduled to expire before the entire Mobilization Advance has been adjusted, then the Concessionaire shall arrange for an extension of the relevant Mobilization Advance Guarantee at least 30 days prior to such expiration. If the Concessionaire fails to procure such extension or replacement, the Jal Xxxxx Executive Agency shall be entitled to drawdown the total amount available under such Mobilization Advance Guarantee and retain such amount as cash security until such time that the Concessionaire submits an extension or replacement of the Mobilization Advance Guarantee. (d) The Jal Xxxxx Executive Agency shall be entitled to utilize such retained amount in the same manner as it would utilize the Mobilization Advance Guarantee. Upon receipt of an extension or replacement Mobilization Advance Guarantee or on adjustment of the entire Mobilization Advance, the Jal Xxxxx Executive Agency shall return the unutilized cash security amount to the Concessionaire. The interest earned on any retained amounts or cash security shall be the property of the Jal Xxxxx Executive Agency and the Jal Xxxxx Executive Agency shall not be required to account to the Concessionaire for any such interest. (e) The Jal Xxxxx Executive Agency shall have the right to draw on the Mobilization Advance Guarantees in the event of the inadequate adjustment of the Mobilization Advance in accordance with Clause 9.3(d), prior to the Construction Completion Date. (f) The Jal Xxxxx Executive Agency shall not be required to give any prior notice to the Concessionaire of its intention to make a demand under any Mobilization Advance Guarantee. However, the Jal Xxxxx Executive Agency shall provide the Concessionaire with a copy of any demand notice issued by the Jal Xxxxx Executive Agency under a Mobilization Advance Guarantee, simultaneously with the issuance of the demand notice to the Scheduled Bank that has issued the Mobilization Advance Guarantee.

Mobilization Advance Guarantee. (a) Within 30 days of the Effective Date, the Concessionaire shall submit to the Jal Xxxxx: (i) Xxxxx an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Jagjeetpur Mobilization Advance for the Jagjeetpur Facilities in the form set out at Schedule 4 (the Jagjeetpur Mobilization Advance Guarantee); and (ii) an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Sarai Mobilization Advance for the Sarai Facilities in the form set out at Schedule 5 (the Sarai Mobilization Advance Guarantee), collectively, the Mobilization Advance Guarantees4. The Mobilization Advance Guarantees Guarantee shall secure the Mobilization Advance paid to the Concessionaire in accordance with Clause 9.3(d). The cost of procuring the Mobilization Advance Guarantees Guarantee shall be borne solely by the Concessionaire. (b) Each The Mobilization Advance Guarantee shall remain valid until the entire Mobilization Advance secured by such Mobilization Advance Guarantee has been adjusted against the Construction Payments. However, the Concessionaire may, at its discretion, progressively reduce the value of the relevant Mobilization Advance Guarantee by the amount of the Mobilization Advance adjusted against each of the 4 instalments of the Construction Payments, in accordance with Clause 9.3(d). For 9.3(d).For this purpose, the Concessionaire shall be required to furnish a replacement Mobilization Advance Guarantee of the reduced amount within 15 days of receipt of a Payment Certificate from the Jal Xxxxx on successful completion of the relevant Payment Milestone. The Jal Xxxxx shall return the relevant existing Mobilization Advance Guarantee upon receipt of a replacement Mobilization Advance Guarantee from the Concessionaire. (c) If any Ifthe Mobilization Advance Guarantee is scheduled to expire before the entire Mobilization Advance has been adjusted, then the Concessionaire shall arrange for an extension of the relevant Mobilization Advance Guarantee at least 30 days prior to such expiration. If the Concessionaire fails to procure such extension or replacement, the Jal Xxxxx shall be entitled to drawdown the total amount available under such Mobilization Advance Guarantee and retain such amount as cash security until such time that the Concessionaire submits an extension or replacement of the Mobilization Advance Guarantee. (d) The Jal Xxxxx shall be entitled to utilize such retained amount in the same manner as it would utilize the Mobilization Advance Guarantee. Upon receipt of an extension or replacement Mobilization Advance Guarantee or on adjustment of the entire Mobilization Advance, the Jal Xxxxx shall return the unutilized cash security amount to the Concessionaire. The interest earned on any retained amounts or cash security shall be the property of the Jal Xxxxx and the Jal Xxxxx shall not be required to account to the Concessionaire for any such interest. (e) The Jal Xxxxx shall have the right to draw on the Mobilization Advance Guarantees Guarantee in the event of the inadequate adjustment of the Mobilization Advance in accordance with Clause 9.3(d), prior to the Construction Completion Date. (f) The Jal Xxxxx shall not be required to give any prior notice to the Concessionaire of its intention to make a demand under any Mobilization Advance Guarantee. However, the Jal Xxxxx shall provide the Concessionaire with a copy of any demand notice issued by the Jal Xxxxx under a Mobilization Advance Guarantee, simultaneously with the issuance of the demand notice to the Scheduled Bank that has issued the Mobilization Advance Guarantee.

Mobilization Advance Guarantee. (a) Within 30 days of the Effective Date, the Concessionaire shall submit to the Jal Xxxxx: (i) KMC an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Jagjeetpur aggregate of Tolly’s Nallah Mobilization Advance for the Jagjeetpur Facilities in the form set out at Schedule 4 (the Jagjeetpur and Garden Reach Mobilization Advance Guarantee); and (ii) an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Sarai Mobilization Advance for the Sarai Facilities in the form set out at Schedule 5 (the Sarai “Mobilization Advance Guarantee), collectively, the ” singularly or collectively “Mobilization Advance Guarantees”). The Mobilization Advance Guarantees shall secure the each location‟s Mobilization Advance paid to the Concessionaire in accordance with Clause Article 9.3(d). The cost of procuring the Mobilization Advance Guarantees shall be borne solely by the Concessionaire. (b) Each Mobilization Advance Guarantee shall remain valid until the entire Mobilization Advance of relevant location secured by such Mobilization Advance Guarantee has been adjusted against the relevant Construction Payments. However, the Concessionaire may, at its discretion, progressively reduce the value of the relevant Mobilization Advance Guarantee by the amount of the Mobilization Advance adjusted against each of the 8 instalments of Construction Payments in case of Tolly‟s Nallah or against each of the 4 instalments of the Construction Payments, Payments in case of Garden Reach in accordance with Clause Article 9.3(d). For this purpose, the Concessionaire shall be required to furnish a replacement Mobilization Advance Guarantee of the reduced amount within 15 days of receipt of a Payment Certificate from the Jal Xxxxx KMC on successful completion of the relevant Payment Milestone. The Jal Xxxxx KMC shall return the relevant existing Mobilization Advance Guarantee upon receipt of a replacement Mobilization Advance Guarantee from the Concessionaire. (c) If any the Mobilization Advance Guarantee for any location is scheduled to expire before the entire Mobilization Advance of that location has been adjusted, then the Concessionaire shall arrange for an extension of the relevant Mobilization Advance Guarantee at least 30 days prior to such expiration. If the Concessionaire fails to procure such extension or replacement, the Jal Xxxxx KMC shall be entitled to drawdown the total amount available under such Mobilization Advance Guarantee and retain such amount as cash security until such time that the Concessionaire submits an extension or replacement of the Mobilization Advance Guarantee. (d) The Jal Xxxxx KMC shall be entitled to utilize such retained amount in the same manner as it would utilize the Mobilization Advance Guarantee. Upon receipt of an extension or replacement Mobilization Advance Guarantee or on adjustment of the entire Mobilization Advance, the Jal Xxxxx KMC shall return the unutilized cash security amount to the Concessionaire. The interest earned on any retained amounts or cash security shall be the property of the Jal Xxxxx KMC and the Jal Xxxxx KMC shall not be required to account to the Concessionaire for any such interest. (e) The Jal Xxxxx KMC shall have the right to draw on the Mobilization Advance Guarantees for a location in the event of the inadequate adjustment of the Mobilization Advance of that location in accordance with Clause Article 9.3(d), prior to the Location Construction Completion Date. (f) The Jal Xxxxx KMC shall not be required to give any prior notice to the Concessionaire of its intention to make a demand under any Mobilization Advance Guarantee. However, the Jal Xxxxx KMC shall provide the Concessionaire with a copy of any demand notice issued by the Jal Xxxxx KMC under a Mobilization Advance Guarantee, simultaneously with the issuance of the demand notice to the Scheduled Bank that has issued the Mobilization Advance Guarantee.

Mobilization Advance Guarantee. This Clause 5.21 is applicable, should the Concessionaire opt to avail the Mobilization Advance as set out in Clause 9.3(d). (a) Within 30 days of the Effective Date, the Concessionaire shall submit to the Jal XxxxxBUIDCO: (i) an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Jagjeetpur Digha STP Mobilization Advance for the Jagjeetpur Digha STP Facilities in the form set out at Schedule 4 (the Jagjeetpur Digha STP Mobilization Advance Guarantee); and (ii) an unconditional and irrevocable bank guarantee for an amount equal to 110% of the Sarai Kankarbagh STP Mobilization Advance for the Sarai Kankarbagh STP Facilities in the form set out at Schedule 5 (the Sarai Kankarbagh STP Mobilization Advance Guarantee), collectively, the Mobilization Advance Guarantees. The Mobilization Advance Guarantees shall secure the Mobilization Advance paid to the Concessionaire in accordance with Clause 9.3(d). The cost of procuring the Mobilization Advance Guarantees shall be borne solely by the Concessionaire. (b) Each Mobilization Advance Guarantee shall remain valid until the entire Mobilization Advance secured by such Mobilization Advance Guarantee has been adjusted against the Construction Payments. However, the Concessionaire may, at its discretion, progressively reduce the value of the relevant Mobilization Advance Guarantee by the amount of the Mobilization Advance adjusted against each of the 4 5 (Five) instalments of the Construction Payments, in accordance with Clause 9.3(d). For this purpose, the Concessionaire shall be required to furnish a replacement Mobilization Advance Guarantee of the reduced amount within 15 days of receipt of a STP Payment Certificate from the Jal Xxxxx BUIDCO on successful completion of the relevant STP Payment Milestone. The Jal Xxxxx BUIDCO shall return the relevant existing Mobilization Advance Guarantee upon receipt of a replacement Mobilization Advance Guarantee from the Concessionaire. (c) If any Mobilization Advance Guarantee is scheduled to expire before the entire Mobilization Advance has been adjusted, then the Concessionaire shall arrange for an extension of the relevant Mobilization Advance Guarantee at least 30 days prior to such expiration. If the Concessionaire fails to procure such extension or replacement, the Jal Xxxxx BUIDCO shall be entitled to drawdown the total amount available under such Mobilization Advance Guarantee and retain such amount as cash security until such time that the Concessionaire submits an extension or replacement of the such Mobilization Advance Guarantee. (d) The Jal Xxxxx BUIDCO shall be entitled to utilize such retained amount in the same manner as it would utilize the Mobilization Advance Guarantee. Upon receipt of an extension or replacement Mobilization Advance Guarantee or on adjustment of the entire Mobilization Advance, the Jal Xxxxx BUIDCO shall return the unutilized cash security amount to the Concessionaire. The interest earned on any retained amounts or cash security shall be the property of the Jal Xxxxx BUIDCO, and the Jal Xxxxx BUIDCO shall not be required to account to the Concessionaire for any such interest. (e) The Jal Xxxxx BUIDCO shall have the right to draw on the Mobilization Advance Guarantees in the event of the inadequate adjustment of the Mobilization Advance in accordance with Clause 9.3(d), prior to the Construction Completion Date. (f) The Jal Xxxxx BUIDCO shall not be required to give any prior notice to the Concessionaire of its intention to make a demand under any Mobilization Advance Guarantee. However, the Jal Xxxxx BUIDCO shall provide the Concessionaire with a copy of any demand notice issued by the Jal Xxxxx BUIDCO under a Mobilization Advance Guarantee, simultaneously with the issuance of the demand notice to the Scheduled Bank that has issued the Mobilization Advance Guarantee.