Common use of Monitoring and Inspection Clause in Contracts

Monitoring and Inspection. Project Review Committee (a) A Committee comprising members nominated by the Authority and by the Developer (refer Schedule 6) (the “Project Review Committee”), is to be established within 30 (thirty) days of signing of agreement. The Authority and the Developer shall be obligated to depute their authorized representative(s) to such committee by the stipulated date. The tenure of the Project Review Committee shall commence from the date of constitution thereof and shall continue until the end of the Agreement Period. (b) The Authority nominee shall be the Chairman of the Project Review Committee. The Project Review Committee shall, to the extent possible, act by consensus, failing which it will act by majority vote. The Project Review Committee shall determine the procedure to be followed for its meetings and carrying out its functions. (c) The Project Review Committee shall monitor and review the renovation, operation and maintenance of the Project Facility by the Developer in accordance with the criteria provided in Appendix 1 of Schedule 6 and provisions hereof and it shall perform the following duties: i. Review the periodic reports submitted by the Developer; ii. Review the curing of defects and defaults in the operation and maintenance of the Project Facilities; iii. Review the safety and security of the operations and maintenance activities relating to the Project; (d) The Project Review Committee shall meet at least once every quarter during Agreement Period. (e) The Developer shall extend full co-operation to the Project Review Committee in performing its functions. (f) The Project Review Committee may from time to time appoint Expert(s) to assist it in carrying out its functions. (g) The Developer shall provide Project Review Committee/persons authorized by it/Experts appointed by it access to all parts of the Project Facilities and to all documents, records and relevant materials and information relating to the Project. (h) Any failure on the part of the Project Review Committee in respect of its functioning shall not: i. amount to any consent or approval of the activities of the Developer; and ii. release or discharge the Developer of its obligation to carry out the maintenance of the Project Facilities.