Common use of Obligations of the Authority Clause in Contracts

Obligations of the Authority. 4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing of the completed Works. 4.1.3 The Authority shall, upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause 8.2 to the Site forthe Project; and (b) all forest clearances as required under Clause 4.3; 4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. 4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the following: (a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about the Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order; (d) not do or omit to do any act, deed or thing which may in any manner is in violation of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and the agreements with the Sub- contractors.

Obligations of the Authority. 4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing of the completed Works. 4.1.3 The Authority shall, upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause 8.2 to the Site forthe for the Project; and (b) all forest clearances as required under Clause 4.3; 4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. 4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the following: (a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about the Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order; (d) not do or omit to do any act, deed or thing which may in any manner is in violation of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and the agreements with the Sub- contractors.

Obligations of the Authority. 4.1.1 6.1.1 The Authority shall, at its own cost and expense, expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing of the completed Works. 4.1.3 The Authority shall, upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause 8.2 to the Site forthe Project; and (b) all forest clearances as required under Clause 4.3; 4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. 4.1.6 6.1.2 The Authority agrees to provide support to the Contractor Operator and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the following: (a) upon written request provide the routes to be undertaken by the Operator as detailed in Clause 16.4 herein and in accordance with the Deployment Plan; (b) provide land (along with any buildings, constructions or immovable assets, if any, thereon), free from Encumbrances, on licence for setting up and operating Maintenance Depots in accordance with the Contractorprovisions of this Agreement; (c) provide, and subject or cause to be provided, road connectivity at any location on the Contractor complying with Applicable Lawsboundary of the Maintenance Depots; (d) provide, provide or cause to be provided, reasonable support to the Contractor Operator in procuring Applicable Permits required from electric transmission lines and sub-station as specified in Schedule-A, at any Government Instrumentality for implementation location situated within 500 m (five hundred meters) of the Projectboundary of the Maintenance Depots; (be) upon written request from the ContractorOperator, provide reasonable assistance to assist the Contractor Operator in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent servicesfor the Maintenance Depots; (cf) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about upon written request from the Project by Operator, provide the Operator with competent and trained employees to assist the Operator in carrying out its duties under this Agreement; (g) upon written request from the Operator, and subject to the Operator complying with Applicable Laws, provide all reasonable support and assistance to the Operator in procuring Applicable Permits, including environmental for construction and operation of the Maintenance Depots, required from any Government Instrumentality or persons claiming through or under it, except for reasons implementation and operation of Emergency, national security or law and orderthe objectives set forth in this Agreement; (dh) not do or omit to do any act, deed or thing which may in any manner is in violation be violative of any of the provisions of this Agreement; (ei) support, cooperate with and facilitate the Contractor Operator in the implementation and operation of the Project in accordance with the provisions of this Agreement; and (fj) upon written request from the Contractor Operator and subject to the provisions of Clause 3.35.4, provide reasonable assistance to the Contractor Operator and any expatriate personnel of the Contractor Operator or its Sub- contractors Contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor Operator or its Sub-contractors of Contractors their obligations under this Agreement and the agreements with the Sub- contractorsAgreement.

Obligations of the Authority. 4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing testing of the completed Works. 4.1.3 The Authority shall, shall provide to the Contractor: (a) upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause 8.2 to the Site forthe Project; andas specified in Schedule A. (b) deleted (c) all forest environmental clearances as required under Clause 4.3;4.3.5 4.1.4 In Delay in providing the event that (i) Right of Way, in accordance with the Authority does not procure fulfilment provisions of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by shall entitle the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.410.5 of this Agreement. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.3, 8.3 and 9.2 shall not exceed 5% (five Five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. Both the parties agree that payment of these Damages shall be full and final settlement of all claims of the Contractor and such compensation shall be the sole remedy against delays of the Authority and both parties further agree this as final cure against delays of the Authority. 4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following: (a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable favorable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works the works are erected or placed on or about the Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or security, law and orderorder or collection of inter-state taxes; (d) not do or omit to do any act, deed or thing which may in any manner is in violation be violative of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- Sub-contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and the agreements with the Sub- Sub-contractors.

Obligations of the Authority. 4.1.1 (i) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunderhere under. 4.1.2 (ii) The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing testing of the completed Works. 4.1.3 (iii) The Authority shall, upon receiving submission of the Performance Security under Clause 7.1.1as per the RFP by the Contractor, shall provide to the Contractor: (a) No less than 90% (ninety per cent) of total area of the Right Project (Construction of Way Military Infrastructure for Married accommodation including ancillary services in the Jammu-Akhnoor section of NH-144 A) of NHIDCL within a period of 30 (thirty) days from the date of this Agreement. (b) approval of the general arrangement drawings (the “GAD” proof checked from preferable IIT or NIT) from Engineer-in-Charge in accordance with the provisions of Clause 8.2 Specifications and Standards, and subject to the Site forthe Project; terms and conditions specified in such approval, within a period of 60 (sixty) days from the Appointed Date, and (bc) all forest clearances as required under Clause 4.3;Deleted 4.1.4 In the event that (iiv) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and Deleted (iiv) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. 4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following: (a) upon a. Upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) b. upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about the Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order; (d) not do or omit to do any act, deed or thing which may in any manner is in violation of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and the agreements with the Sub- contractors.

Obligations of the Authority. 4.1.1 (i) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 (ii) The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing testing of the completed Works. 4.1.3 (iii) The Authority shall, upon receiving submission of the Performance Security under Clause 7.1.1as per the RFP by the Contractor, shall provide to the Contractor: (a) the Right site for Construction of Way in accordance with the provisions Project within a period of Clause 8.2 to 30 (thirty) days from the Site forthe Project; anddate of this Agreement. (b) all forest clearances as required under Clause 4.3;Deleted (c) Deleted 4.1.4 In the event that (iiv) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4Deleted. 4.1.5 (v) Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.33.1 (iv), 8.3 and 9.2 and9.5 shall not exceed 51% (five one per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. Both the parties agree that payment of such Damages shall be full and final settlement of all claims of the Contractor and such compensation shall be the sole remedy against delays of the Authority and both parties further agree that the payment of Damages shall be the final cure for the Contractor against delays of the Authority, without recourse to any other payments. 4.1.6 (vi) The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following: (a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works the works are erected or placed on or about the Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or security, law and orderorder or collection of inter-state taxes; (d) not do or omit to do any act, deed or thing which may in any manner is in violation of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and the agreements with the Sub- contractors.

Obligations of the Authority. 4.1.1 6.1.1 The Authority shall, at its own cost and expense, expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing of the completed Works. 4.1.3 The Authority shall, upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause 8.2 to the Site forthe Project; and (b) all forest clearances as required under Clause 4.3; 4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. 4.1.6 6.1.2 The Authority agrees to provide support to the Contractor Operator and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the following: (a) upon written request provide the routes to be undertaken by the Operator as detailed in Clause 16.4 herein and in accordance with the Fleet Plan; (b) provide land (along with any buildings, constructions or immovable assets, if any, thereon), free from encumbrances, on licence for setting up and operating Maintenance Depots in accordance with the Contractorprovisions of this Agreement; (c) provide, and subject or cause to be provided, road connectivity at any location on the Contractor complying with Applicable Lawsboundary of the Maintenance Depots; (d) provide, provide or cause to be provided, reasonable support to the Contractor Operator in procuring Applicable Permits required from electric transmission lines and sub-station as specified in Schedule-A, at any Government Instrumentality for implementation location situated within 500 m (five hundred meters) of the Projectboundary of the Maintenance Depots.; (be) upon written request from the ContractorOperator, provide reasonable assistance to assist the Contractor Operator in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent servicesfor the Maintenance Depots; (cf) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about upon written request from the Project by Operator, provide the Operator with competent and trained employees to assist the Operator in carrying out its duties under this Agreement; (g) upon written request from the Operator, and subject to the Operator complying with Applicable Laws, provide all reasonable support and assistance to the Operator in procuring Applicable Permits, including environmental for construction and operation of the Maintenance Depots, required from any Government Instrumentality or persons claiming through or under it, except for reasons implementation and operation of Emergency, national security or law and orderthe objectives set forth in this Agreement; (dh) not do or omit to do any act, deed or thing which may in any manner is in violation be violative of any of the provisions of this Agreement; (ei) support, cooperate with and facilitate the Contractor Operator in the implementation and operation of the Project in accordance with the provisions of this Agreement; and (fj) upon written request from the Contractor Operator and subject to the provisions of Clause 3.35.4, provide reasonable assistance to the Contractor Operator and any expatriate personnel of the Contractor Operator or its Sub- contractors Contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor Operator or its Sub-contractors of Contractors their obligations under this Agreement and the agreements with the Sub- contractorsAgreement.

Obligations of the Authority. 4.1.1 6.1.1 The Authority shall, at its own cost and expense, expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing of the completed Works. 4.1.3 The Authority shall, upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause 8.2 to the Site forthe Project; and (b) all forest clearances as required under Clause 4.3; 4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. 4.1.6 6.1.2 The Authority agrees to provide support to the Contractor Operator and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the following: (a) upon written request from provide the Contractor, routes to be undertaken by the Operator as detailed in Clause 16.4 herein and subject to in accordance with the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the ProjectFleet Plan; (b) provide land, free from encumbrances, on license for setting up and operating Maintenance Depots in accordance with the provisions of this Agreementclause no 10.2.2; (c) provide, or cause to be provided, road connectivity at any location on the boundary of the Maintenance Depots;Decision of the Authority on the requirement of road connectivity is final. (d) provide, or cause to be provided, electric H.T. transmission supply lines nearer to the Authority premises i.e. Licensed or Agreed Premises, as specified in Schedule-A, or at any location situated within 500 m (five hundred meters) of the boundary of the Maintenance Depots i.e. upto four pole structure. (e) upon written request from the ContractorOperator, provide reasonable assistance to assist the Contractor Operator in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent servicesfor the Maintenance Depots; (cf) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about upon written request from the Project by Operator, provide the Operator with competent and trained employees to assist the Operator in carrying out its duties under this Agreement; if available with the Authority and the Authority is in position to spare. (g) upon written request from the Operator, and subject to the Operator complying with Applicable Laws, provide all reasonable support and assistance to the Operator in procuring Applicable Permits, including environmental for construction and operation of the Maintenance Depots, required from any Government Governmental Instrumentality or persons claiming through or under it, except for reasons implementation and operation of Emergency, national security or law and orderthe objectives set forth in this Agreement; (dh) not do or omit to do any act, deed or thing which may in any manner is in violation be violative of any of the provisions of this Agreement; (ei) support, cooperate with and facilitate the Contractor Operator in the implementation and operation of the Project in accordance with the provisions of this Agreement; and (fj) upon written request from the Contractor Operator and subject to the provisions of Clause 3.35.4, provide reasonable assistance to the Contractor Operator and any expatriate personnel of the Contractor Operator or its Sub- contractors Contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor Operator or its Sub-contractors of Contractors their obligations under this Agreement Agreement. (k) The Authority will provide land and electricity connection i.e. 33 KV or 11 KV electrical lines however the agreements with 33 KV or 11 KVsub-station and local distribution to charging station is in the Sub- contractorsOperators scope.

Obligations of the Authority. 4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing of the completed Works. 4.1.3 The Authority shall, upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause Clauses 8.2 to and 8.3 on no less than 95% (ninety-five per cent) of core land length and 90% (ninety per cent) of non-core land length of the Site forthe Projecttotal length of the Railway Project before appointed date; (b) environmental and forest clearances are not required for this project; and (bc) all forest clearances as required under Clause 4.3;Deleted. 4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.34.1.4, 4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Railway Project. 4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the following: (a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about the Railway Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order; (d) not do or omit to do any act, deed or thing which may in any manner is in violation of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- contractors Subcontractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors Subcontractors of their obligations under this Agreement and the agreements with the Sub- Sub-contractors.

Obligations of the Authority. 4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing testing of the completed Works. 4.1.3 The Authority shall, shall provide to the Contractor: (a) upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause Clauses 8.2 to and 8.3, within a period of 15 (fifteen) days from the Site forthe Project; anddate of this Agreement, on no less than 90% (ninety per cent) of the total length of the Project Highway; (b) all forest clearances as required under Clause 4.3;Deleted (c) Deleted. 4.1.4 In Delay in providing the event that (i) Right of Way, in accordance with the Authority does not procure fulfilment provisions of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by shall entitle the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.410.5 of this Agreement. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.34.1.4, 8.3 and 9.2 shall not exceed 51% (five one per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the ProjectProject Highway. Both the parties agree that payment of these Damages shall be full and final settlement of all claims of the Contractor and such compensation shall be the sole remedy against delays of the Authority and both parties further agree this as final cure against delays of the Authority. 4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following: (a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works the works are erected or placed on or about the Project Highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or security, law and orderorder or collection of inter-state taxes; (d) not do or omit to do any act, deed or thing which may in any manner is in violation be violative of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- Sub contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and the agreements with the Sub- contractorsSubcontractors.

Obligations of the Authority. 4.1.1 The Authority shall, at its own cost and expense, undertake, comply with with, and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing of the completed Works. 4.1.3 The Authority shall, upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause Clauses 8.2 to and 8.3 on no less than 95% (ninety five per cent) of core land length and 90% (ninety percent) of non-core land length of the Site forthe Project; andtotal length of the Railway Project before appointed date; (b) all environmental and forest clearances as required under Clause 4.3;4.3 before appointed date; and (c) approval of the general arrangement drawings (the “GAD”) from concerned authorities to enable the Contractor to construct road over- bridges, under-bridges and canal crossings on the Railway Project in accordance with the Scope, Specifications and Standards, and subject to the terms and conditions specified in such approval, within a period of 60 (sixty) days from the Appointed Date. 4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.34.1.4, 4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Railway Project. 4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with with, and perform, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the following: (a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about the Railway Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order; (d) not do or omit to do any act, deed or thing which may in any manner is in violation of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- Sub-contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and the agreements with the Sub- Sub-contractors.

Obligations of the Authority. 4.1.1 6.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications Authority are limited and Standards and the criteria for Testing of the completed Works. 4.1.3 The Authority shall, upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause 8.2 to the Site forthe Project; and (b) all forest clearances as required under Clause 4.3; 4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained specifically enumerated hereunder in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. 4.1.6 6.1.2 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and performMine Operator, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the following: (a) upon written request from the Contractor, and subject allow access to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the ProjectSite; (b) depute its representatives for participation in public hearings and attending the meetings with the officials and representatives of the Ministry of Environment, Forests and Climate Change, Government of India for the purposes of procuring environmental clearance and/or forest clearance in accordance with Applicable Laws; (c) the land already acquired by the Authority within the leasehold area, if required by the Mine Operator for the Project, shall be made available to the Mine Operator for physical possession. (d) upon written request from the ContractorMine Operator, provide reasonable assistance to the Contractor Mine Operator in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable favorable to the Mine Operator than those generally available to commercial customers receiving substantially equivalent services; (ce) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about upon written request from the Project Mine Operator, and subject to the Mine Operator complying with Applicable Laws, provide all reasonable support and assistance to the Mine Operator in procuring Applicable Permits required by any Government Instrumentality or persons claiming through or the Mine Operator for performance of its obligations under it, except for reasons of Emergency, national security or law and orderthis Agreement; (df) not do or omit to do any act, deed or thing which may in any manner is be in violation of any of the provisions of this Agreement; (eg) support, cooperate with and facilitate the Contractor Mine Operator in the implementation and operation of the Project in accordance with and subject to the provisions of this Agreement; (h) undertake revision of the Mining Plan as may be necessary, if extraction and utilization (commercial or internal) of AMM/CMM is proposed to be undertaken by the Mine Operator for the Project. (i) the obligation of the Authority for tax compliance including GST is enumerated in Clause 5.6 of this Agreement; and (fj) upon written request from to supervise the Contractor and subject activities in relation to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and to ensure timely completion of milestones by the agreements Mine Operator. 6.1.3 The Mine Operator, being the occupier of the Mines under this Agreement, shall comply with the Sub- contractorsobligations of the Owner under the Mines Act, 1952. However, except for the obligations of the Owner under the Mines Act, 1952, the Authority shall remain as Owner for all other purposes.

Obligations of the Authority. 4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing of the completed Works. 4.1.3 The Authority shall, upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause Clauses 8.2 to and 8.3 on no less than 95% (ninety-five per cent) of core land length and 90% (ninety percent) of non-core land length of the Site forthe Projecttotal length of the Railway Project before appointed date; (b) environmental and forest clearances are not required for this project; and (bc) all forest clearances as required under Clause 4.3;Deleted. 4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.34.1.4, 4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Railway Project. 4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the following: (a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about the Railway Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order; (d) not do or omit to do any act, deed or thing which may in any manner is in violation of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- contractors Subcontractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors Subcontractors of their obligations under this Agreement and the agreements with the Sub- Sub-contractors.

Obligations of the Authority. 4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing testing of the completed Works. 4.1.3 The Authority shall, shall provide to the Contractor: (a) upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause Clauses 8.2 to and 8.3, within a period of 30 (thirty) days from the Site forthe date of this Agreement, on no less than 90% (ninety per cent) of the total length of the Project; and; (b) Deleted (c) all forest environmental clearances as required under Clause 4.3; 4.1.4 In Delay in providing the event that (i) Right of Way, in accordance with the Authority does not procure fulfilment provisions of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by shall entitle the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.410.5 of this Agreement. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.34.1.4, 8.3 and 9.2 shall not exceed 51% (five one per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. Both the parties agree that payment of these Damages shall be full and final settlement of all claims of the Contractor and such compensation shall be the sole remedy against delays of the Authority and both parties further agree this as final cure against delays of the Authority. 4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following: (a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works the works are erected or placed on or about the Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or security, law and orderorder or collection of inter-state taxes; (d) not do or omit to do any act, deed or thing which may in any manner is in violation be violative of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- Sub-contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and the agreements with the Sub- contractors.

Obligations of the Authority. 4.1.1 The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2 The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for Testing of the completed Works. 4.1.3 The Authority shall, upon receiving the Performance Security under Clause 7.1.1, provide to the Contractor: (a) the Right of Way in accordance with the provisions of Clause 8.2 to the Site forthe Project; and (b) all forest clearances as required under Clause 4.3; 4.1.4 In the event that (i) the Authority does not procure fulfilment of any or all of the obligations set forth in Clause 4.1.3 within the period specified in respect thereof, and (ii) the delay has not occurred as a result of breach of this Agreement by the Contractor or due to Force Majeure, the Authority shall pay to the Contractor Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and grant Time Extension in accordance with the provisions of Clause 10.4. 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable by the Authority under Clauses 4.1.4,4.4.3, 8.3 and 9.2 shall not exceed 5% (five per cent) of the Contract Price. For the avoidance of doubt, the Damages payable by the Authority under the aforesaid Clauses shall not be additive if they arise concurrently from more than one cause but relate to the same part of the Project. 4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and Applicable Laws, the following: (a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project; (b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers that would have a material adverse effect on Works are erected or placed on or about the Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order; (d) not do or omit to do any act, deed or thing which may in any manner is in violation of any of the provisions of this Agreement; (e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and (f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub- Sub-contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub-contractors of their obligations under this Agreement and the agreements with the Sub- Sub-contractors.