Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertakes, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire 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: Upon request from the Concessionaire, provide reasonable support to the Concessionaire in procuring Applicable Permits. However, non- rendering of any support by the Authority shall not absolve the Concessionaire of its obligation to obtain all Applicable Permits ; Ensure timely release of Storage and Handling Charges to the Concessionaire on performance of the obligation as provided herein; Support and cooperate with the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; Appoint a suitably qualified agency as Independent Engineer & Auditor (IE&A) at reasonable compensation within the specified period as defined in Clause 13.1.1. The compensation to the IE&A shall be paid by the Authority; however, the same shall be reimbursed to the extent of one-half by the Concessionaire ; [Co-ordinate with State Government and other Government agencies for declaration of Silo Complex as mandi yard under the applicable regulation in all areas where wheat is being procured by the Authority]; Provide the Concessionaire 500 metric ton (MT) of Food Grain for trial runs of the silo prior to issue of Completion Certificate on terms specified in Clause 10.6.3; During the Operation Period, arrange, at its cost and expense, for delivery of the Food Grain for storage to the Silo Complex; arrange, at its cost and expense, for dispatch of Food Grain from the Silo Complex; [arrange, at its cost and expense, for bags for bagging operation in the Silo Complex]; provide atleast 48 hours notice, in writing, for receipt of Food Grain at the Silo Complex to the Concessionaire; provide atleast 72 hours notice, in writing, to the Concessionaire before placing indent for dispatch of Food Grain from the Silo Complex by rail or by road; arrange for transportation of empty bags, as and when required, to and from the Silo Complex; designate representatives authorised to issue instruction to the Concessionaire relating to operations including acceptance and dispatch of Food Grain; Shift Food Grain consignment not accepted by the Concessionaire as not meeting the Grain Acceptance Specifications within 48 hours from the Silo Complex; and Allow the Concessionaire to use the rail siding for other commercial purposes as per the terms specified in Clause 16.1.1 of this Agreement.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertakesundertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire 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: Upon upon written request from the Concessionaire and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project Highway subject to and in accordance with terms hereof; upon written request from the Concessionaire, provide reasonable support assistance to the Concessionaire in procuring Applicable Permits. Howeverobtaining access to all necessary infrastructure facilities and utilities, non- rendering of any support by the Authority shall not absolve the Concessionaire of its obligation to obtain all Applicable Permits ; Ensure timely release of Storage including water and Handling Charges electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; procure that no barriers are erected or placed on performance or about the Project Highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order or collection of inter-state taxes; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the obligation as provided hereinProject Highway; Support subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate traffic on the Project Highway; assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Project Highway; not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; Appoint a suitably qualified agency as Independent Engineer & Auditor (IE&A) at reasonable compensation within and upon written request from the specified period as defined in Clause 13.1.1. The compensation Concessionaire and subject to the IE&A shall be paid by the Authority; howeverprovisions of Clause 5.4, the same shall be reimbursed provide reasonable assistance to the extent Concessionaire and any expatriate personnel of one-half by the Concessionaire ; [Co-ordinate with State Government or its Contractors to obtain applicable visas and other Government agencies for declaration work permits in such manner as may be necessary to facilitate the compliance of Silo Complex as mandi yard under this Agreement and the applicable regulation in all areas where wheat is being procured by the Authority]; Provide the Concessionaire 500 metric ton (MT) of Food Grain for trial runs of the silo Project Agreements. Maintenance obligations prior to issue of Completion Certificate on terms specified in Clause 10.6.3; During Appointed Date {….(O&M Handover Date)}4 Prior to Appointed Date {….(O&M Handover Date)},5 the Operation Period, arrangeAuthority shall maintain {and/or cause to be maintained through existing annuity/ contractor}6 the Project Highway, at its own cost and expense, so that its traffic worthiness and safety are at no time materially inferior as compared to its condition 7 (seven) days prior to the last date for delivery submission of the Food Grain for storage Bid, and in the event of any material deterioration or damage other than normal wear and tear, undertake repair thereof, or pay to the Silo Complex; arrange, at its Concessionaire the cost and expense, for dispatch of Food Grain from as determined by the Silo Complex; [arrange, at its cost and expenseIndependent Engineer, for bags undertaking such repair after the Appointed Date. For the avoidance of doubt, the Authority shall undertake or caused to be undertaken only routine maintenance prior to the Appointed Date {….(O&M Handover Date)}7, and it shall undertake or caused to be undertaken special repairs only for bagging ensuring safe operation of the Project Highway, or in the Silo Complex]; provide atleast 48 hours notice, in writing, for receipt event of Food Grain at the Silo Complex excessive deterioration or damage caused due to the Concessionaire; provide atleast 72 hours notice, in writing, to the Concessionaire before placing indent for dispatch of Food Grain from the Silo Complex by rail unforeseen events such as floods or by road; arrange for transportation of empty bags, as and when required, to and from the Silo Complex; designate representatives authorised to issue instruction to the Concessionaire torrential rain. Obligations relating to operations including acceptance Competing Roads The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any 3 (three) consecutive years exceeds 90% (ninety percent) of its designed capacity as stipulated in the Specifications and dispatch Standards. Upon breach of Food Grain; Shift Food Grain consignment not accepted its obligations hereunder, the provisions of the Fee Rules shall apply. Obligations relating to refinancing Upon request made by the Concessionaire to this effect, the Authority shall, in conformity with any regulations or guidelines that may be notified by the State Government or the Government of India or the Reserve Bank of India, as not meeting the Grain Acceptance Specifications within 48 hours from the Silo Complex; case may be, permit and Allow enable the Concessionaire to use secure refinancing on such terms as may be agreed upon between the rail siding for other commercial purposes as per Concessionaire and the terms specified entity providing such refinancing; provided, however, that the refinancing hereunder shall always be subject to the prior consent of the Authority, which consent shall not be unreasonably withheld. The Authority shall endeavour to convey its decision on such request of the Concessionaire within 30 (thirty) days of receipt of the proposal by the Authority. 4 In case of Annuity Concession/New EPC and to be deleted in Clause 16.1.1 case of this Agreement.Item Rate 5 In case of Annuity Concession/New EPC 6 In case of Annuity Concession/New EPC 7 In case of Annuity Concession/New EPC
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertakesundertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire 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: Upon ; upon written request from the Concessionaire and subject to the Concessionaire comply with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring applicable Permits required from any Government Instrumentality for implementation and operation of the Project Highway subject to and in accordance with terms hereof; upon written request from the Concessionaire, provide reasonable support assistance to the Concessionaire in procuring Applicable Permits. Howeverobtaining access to all necessary infrastructure facilities and utilities, non- rendering of any support by the Authority shall not absolve the Concessionaire of its obligation to obtain all Applicable Permits ; Ensure timely release of Storage including water and Handling Charges electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; procure that no barriers are erected or placed on performance or about the Project highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order or collection of inter-state taxes; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the obligation as provided hereinproject Highway; Support subject to and in accordance with the Applicable laws, grant to the Concessionaire the authority to regulate traffic on the Project Highway; assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Project Highway; not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the Provisions of this Agreement ; and upon written request from the Concessionaire and subject to the provisions of this Agreement; Appoint a suitably qualified agency as Independent Engineer & Auditor (IE&A) at Clause 5.4, provide reasonable compensation within the specified period as defined in Clause 13.1.1. The compensation to the IE&A shall be paid by the Authority; however, the same shall be reimbursed to the extent of one-half by the Concessionaire ; [Co-ordinate with State Government and other Government agencies for declaration of Silo Complex as mandi yard under the applicable regulation in all areas where wheat is being procured by the Authority]; Provide the Concessionaire 500 metric ton (MT) of Food Grain for trial runs of the silo prior to issue of Completion Certificate on terms specified in Clause 10.6.3; During the Operation Period, arrange, at its cost and expense, for delivery of the Food Grain for storage to the Silo Complex; arrange, at its cost and expense, for dispatch of Food Grain from the Silo Complex; [arrange, at its cost and expense, for bags for bagging operation in the Silo Complex]; provide atleast 48 hours notice, in writing, for receipt of Food Grain at the Silo Complex to the Concessionaire; provide atleast 72 hours notice, in writing, assistance to the Concessionaire before placing indent for dispatch and any expatriate personnel of Food Grain from the Silo Complex by rail or by road; arrange for transportation of empty bags, as and when required, to and from the Silo Complex; designate representatives authorised to issue instruction to the Concessionaire relating or its Contractors to operations including acceptance obtain applicable visas and dispatch of Food Grain; Shift Food Grain consignment not accepted by work permits in such manner as may be necessary to facilitate the Concessionaire as not meeting the Grain Acceptance Specifications within 48 hours from the Silo Complex; and Allow the Concessionaire to use the rail siding for other commercial purposes as per the terms specified in Clause 16.1.1 compliance of this Agreement.Agreement and the Project Agreements. Maintenance obligations prior to Appointed Date{...(O&M Handover Date}5
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertakesundertaken, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire 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: Upon upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits. HoweverPermits required from any Government Instrumentality for implementation and operation of the Project; procure that no barriers are erected or placed on or about the Storage Facility by any Government Instrumentality or persons claiming through or under it, non- rendering except for reasons of Emergency, national security, law and order or collection of inter-state taxes; assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Storage Facility; not do or omit to do any act, deed or thing which may in any manner be violative of any support of the provisions of this Agreement; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Authority shall not absolve Concessionaire or its Contractors their obligations under this Agreement and the Concessionaire of its obligation to obtain all Applicable Permits ; Ensure Project Agreements. ensure timely release of Storage and Handling Charges to the Concessionaire on performance of the obligation as provided herein; Support and cooperate with the Concessionaire in the implementation and operation Obligations related to consideration for transfer of the Project in accordance with the provisions land The Authority shall, upon transfer of this Agreement; Appoint a suitably qualified agency as Independent Engineer & Auditor (IE&A) at reasonable compensation within the specified period as defined in Clause 13.1.1. The compensation to the IE&A shall be paid by the Authority; however, the same shall be reimbursed to the extent of one-half land by the Concessionaire ; [Co-ordinate with State Government and other Government agencies for declaration under Clause 10.2.3, pay consideration in one instalment as per the provision of Silo Complex as mandi yard under the applicable regulation in all areas where wheat is being procured by the Authority]; Provide the Concessionaire 500 metric ton (MT) of Food Grain for trial runs Clause 10.2.4. Obligations of the silo prior to issue of Completion Certificate on terms specified in Clause 10.6.3; During Authority during the Operation Period, arrange, Authority shall arrange at its cost and expense, own cost/expense for delivery of the Food Grain for storage to the Silo Complex; arrange, at its cost and expense, for dispatch transport/movement of Food Grain Grains to and from Storage Facility and the Silo Complex; [arrange, at its cost and expense, for bags for bagging operation in the Silo Complex]; provide atleast 48 hours notice, in writing, for receipt of Food Grain at the Silo Complex to the Concessionaire; provide atleast 72 hours notice, in writing, Authority shall allow reasonable time notices to the Concessionaire before placing indent for dispatch in order to facilitate such movements. Operational guidelines to be followed by the Authority in respect of movement of Food Grain from the Silo Complex by rail or by road; arrange for transportation of empty bags, as and when required, to and from the Silo Complex; designate representatives authorised to issue instruction to the Concessionaire Grains are provided in Schedule V. Obligations relating to operations including acceptance and dispatch of Food Grain; Shift Food Grain consignment not accepted refinancing Upon request made by the Concessionaire to this effect, the Authority shall, in conformity with any regulations or guidelines that may be notified by the Government or the Reserve Bank of India, as not meeting the Grain Acceptance Specifications within 48 hours from the Silo Complex; case may be, permit and Allow enable the Concessionaire to use secure refinancing, in whole or in part, of the rail siding for other commercial purposes Debt Due on such terms as per may be agreed upon between the terms specified in Clause 16.1.1 Concessionaire and the entity providing such refinancing; provided, however, that the refinancing hereunder shall always be subject to the prior consent of this Agreement.the Authority, which consent shall not be unreasonably withheld. For the avoidance of doubt, the tenure of debt refinanced hereunder may be determined mutually between the Senior Lenders and the Concessionaire, but the repayment thereof shall be completed no later than 1 (one) year prior to expiry of the Concession Period
Appears in 1 contract
Samples: Draft Concession Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertakesexpenses undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire 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: Upon upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project; upon written request from the Concessionaire, provide reasonable support assistance to the Concessionaire in procuring Applicable Permits. Howeverobtaining access to all necessary infrastructure facilities and utilities, non- rendering of any support by the Authority shall not absolve the Concessionaire of its obligation to obtain all Applicable Permits ; Ensure timely release of Storage including water and Handling Charges electricity at rates and on terms no less favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; procure that no barriers are erected or placed on performance 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 or collection of inter-state taxes; subject to Clause 3.1.1 and Schedule-C (Project Facilities) and in accordance with Applicable Laws, grant to the Concessionaire the authority to regulate use of the obligation as provided hereinProject; Support assist the Concessionaire in procuring police assistance for regulation of movement of Users/ traffic, removal of trespassers and security on or at the Project; not do or omit to do any act, deed or thing which may, in any manner be violative of any of the provisions of this Agreement; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; Appoint a suitably qualified agency as Independent Engineer & Auditor (IE&A) at reasonable compensation within upon written request from the specified period as defined in Clause 13.1.1. The compensation Concessionaire and subject to the IE&A shall be paid by the Authority; howeverprovisions of Clause 5.4, the same shall be reimbursed provide reasonable assistance to the extent Concessionaire and any expatriate personnel of one-half the Concessionaire or its Contractors to obtain applicable visas and work permits for discharging their respective obligations under this Agreement and the Project Agreements; upon written request from the Concessionaire provide reasonable assistance to the Concessionaire for obtaining Applicable Permits including environmental clearances; undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring approvals. Obligations relating to refinancing Upon request made by the Concessionaire ; [Co-ordinate to this effect, the Authority shall, in conformity with State Government and other Government agencies for declaration of Silo Complex as mandi yard under the applicable regulation in all areas where wheat is being procured any regulations or guidelines that may be notified by the Authority]; Provide Government or the Concessionaire 500 metric ton (MT) Reserve Bank of Food Grain for trial runs of the silo prior to issue of Completion Certificate on terms specified in Clause 10.6.3; During the Operation Period, arrange, at its cost and expense, for delivery of the Food Grain for storage to the Silo Complex; arrange, at its cost and expense, for dispatch of Food Grain from the Silo Complex; [arrange, at its cost and expense, for bags for bagging operation in the Silo Complex]; provide atleast 48 hours notice, in writing, for receipt of Food Grain at the Silo Complex to the Concessionaire; provide atleast 72 hours notice, in writing, to the Concessionaire before placing indent for dispatch of Food Grain from the Silo Complex by rail or by road; arrange for transportation of empty bagsIndia, as the case may be, permit and when required, to and from the Silo Complex; designate representatives authorised to issue instruction to the Concessionaire relating to operations including acceptance and dispatch of Food Grain; Shift Food Grain consignment not accepted by the Concessionaire as not meeting the Grain Acceptance Specifications within 48 hours from the Silo Complex; and Allow enable the Concessionaire to use secure refinancing, in whole or in part, of the rail siding for other commercial purposes Debt Due on such terms as per may be agreed upon between the terms specified in Clause 16.1.1 Concessionaire and the entity providing such refinancing; provided, however, that the refinancing hereunder shall always be subject to the prior consent of this Agreementthe Authority, which consent shall not be unreasonably withheld. For the avoidance of doubt, the tenure of debt refinanced hereunder may be determined mutually between the Senior Lenders and the Concessionaire, but the repayment thereof shall be completed no later than 1 (one) year prior to expiry of the Concession Period.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertakesundertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire 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: Upon upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project; upon written request from the Concessionaire, provide reasonable support assistance to the Concessionaire in procuring Applicable Permits. Howeverobtaining access to all necessary infrastructure facilities and utilities, non- rendering of any support by the Authority shall not absolve the Concessionaire of its obligation to obtain all Applicable Permits ; Ensure timely release of Storage including water and Handling Charges electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; procure that no barriers are erected or placed on performance the Project Highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, law and order or collection of inter-state taxes; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the obligation as provided hereinProject Highway; Support subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate traffic on the Project Highway; assist the Concessionaire in procuring Police assistance for regulation of traffic, removal of trespassers and security on the Project Highway; not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; Appoint a suitably qualified agency as Independent Engineer & Auditor (IE&A) at reasonable compensation within and upon written request from the specified period as defined in Clause 13.1.1. The compensation Concessionaire and subject to the IE&A shall be paid by the Authority; howeverprovisions of Clause 5.4, the same shall be reimbursed provide reasonable assistance to the extent Concessionaire and any expatriate personnel of one-half the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire ; [Co-ordinate with State Government or its Contractors their obligations under this Agreement and other Government agencies for declaration of Silo Complex as mandi yard under the applicable regulation in all areas where wheat is being procured by the Authority]; Provide the Concessionaire 500 metric ton (MT) of Food Grain for trial runs of the silo Project Agreements. Maintenance obligations prior to issue of Completion Certificate on terms specified in Clause 10.6.3; Appointed Date During the Operation Development Period, arrangethe Authority shall maintain the Project Highway, at its own cost and expense, so that its traffic worthiness and safety are at no time materially inferior as compared to its condition 7 (seven) days prior to the last date for delivery submission of the Food Grain for storage Bid, and in the event of any material deterioration or damage other than normal wear and tear, undertake repair thereof, or pay to the Silo Complex; arrange, at its Concessionaire the cost and expense, for dispatch of Food Grain from as determined by the Silo Complex; [arrange, at its cost and expenseIndependent Engineer, for bags undertaking such repair after the Appointed Date. For the avoidance of doubt, the Authority shall undertake only routine maintenance during the Development Period, and it shall undertake special repairs only for bagging ensuring safe operation of the Project Highway, or in the Silo Complex]; provide atleast 48 hours notice, in writing, for receipt event of Food Grain at the Silo Complex excessive deterioration or damage caused due to the Concessionaire; provide atleast 72 hours notice, in writing, to the Concessionaire before placing indent for dispatch of Food Grain from the Silo Complex by rail unforeseen events such as floods or by road; arrange for transportation of empty bags, as and when required, to and from the Silo Complex; designate representatives authorised to issue instruction to the Concessionaire torrential rain. Obligations relating to operations including acceptance and dispatch of Food Grain; Shift Food Grain consignment not accepted by Competing Roads The Authority shall procure that during the Concessionaire as not meeting the Grain Acceptance Specifications within 48 hours from the Silo Complex; and Allow the Concessionaire to use the rail siding for other commercial purposes as per the terms specified in Clause 16.1.1 subsistence of this Agreement., neither the Authority nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety percent) of its designed capacity specified in Clause
Appears in 1 contract
Samples: Escrow Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertakesundertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire Operator 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: Upon request provide the routes to be undertaken by the Operator as detailed in Clause 16.4 herein and in accordance with the Deployment Plan; 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 Concessionaireprovisions of this Agreement; provide, provide or cause to be provided, road connectivity at any location on the boundary of the Maintenance Depots; provide, or cause to be provided, reasonable support to the Concessionaire Operator in procuring electric transmission lines and sub-station as specified in Schedule-A, at any location situated within 500 m (five hundred meters) of the boundary of the Maintenance Depots; upon written request from the Operator, assist the Operator in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity for the Maintenance Depots; upon written request from the Operator, provide the Operator with competent and trained employees to assist the Operator in carrying out its duties under this Agreement; 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. However, non- rendering including environmental for construction and operation of the Maintenance Depots, required from any Government Instrumentality for implementation and operation of the objectives set forth in this Agreement; not do or omit to do any act, deed or thing which may in any manner be violative of any support by the Authority shall not absolve the Concessionaire of its obligation to obtain all Applicable Permits ; Ensure timely release of Storage and Handling Charges to the Concessionaire on performance of the obligation as provided hereinprovisions of this Agreement; Support and support, cooperate with and facilitate the Concessionaire Operator in the implementation and operation of the Project in accordance with the provisions of this Agreement; Appoint a suitably qualified agency as Independent Engineer & Auditor (IE&A) at reasonable compensation within and upon written request from the specified period as defined in Clause 13.1.1. The compensation Operator and subject to the IE&A shall be paid provisions of Clause 5.4, provide reasonable assistance to the Operator and any expatriate personnel of the Operator or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Authority; however, the same shall be reimbursed to the extent of one-half by the Concessionaire ; [Co-ordinate with State Government and other Government agencies for declaration of Silo Complex as mandi yard Operator or its Contractors their obligations under the applicable regulation in all areas where wheat is being procured by the Authority]; Provide the Concessionaire 500 metric ton (MT) of Food Grain for trial runs of the silo prior to issue of Completion Certificate on terms specified in Clause 10.6.3; During the Operation Period, arrange, at its cost and expense, for delivery of the Food Grain for storage to the Silo Complex; arrange, at its cost and expense, for dispatch of Food Grain from the Silo Complex; [arrange, at its cost and expense, for bags for bagging operation in the Silo Complex]; provide atleast 48 hours notice, in writing, for receipt of Food Grain at the Silo Complex to the Concessionaire; provide atleast 72 hours notice, in writing, to the Concessionaire before placing indent for dispatch of Food Grain from the Silo Complex by rail or by road; arrange for transportation of empty bags, as and when required, to and from the Silo Complex; designate representatives authorised to issue instruction to the Concessionaire relating to operations including acceptance and dispatch of Food Grain; Shift Food Grain consignment not accepted by the Concessionaire as not meeting the Grain Acceptance Specifications within 48 hours from the Silo Complex; and Allow the Concessionaire to use the rail siding for other commercial purposes as per the terms specified in Clause 16.1.1 of this Agreement.
Appears in 1 contract
Samples: Escrow Agreement
