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 Clauses 8.2 and 8.3, within a period of 15 (fifteen) days from the date of this Agreement, on no less than 90% (ninety per cent) of the total land required for the Project; (b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over-bridges and under- bridges at level crossings on the Project in accordance with the 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; 2 and (c) all environmental and forest clearances as required under Clause 4.3.3 4.1.4 Delay in providing the Right of Way [or approval of GAD by railway authorities, as the case may be,] in accordance with the provisions of Clause 4.1.3 shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. [For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over- bridge/under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 3 (three) kilometre for each such road over-bridge/under-bridge.] 4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable under Clauses 4.1.4, 8.3 and 9.2 shall not exceed 3% (three 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.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
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 Clauses 8.2 and 8.3, within a period of 15 30 (fifteenthirty) days from the date of this Agreement, on no less than 90% (ninety per cent) of the total land required for length of the ProjectProject Highway;
(b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over-bridges and under- bridges at level crossings on the Project in accordance with the 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; 2 andDeleted
(c) all environmental and forest Deleted. (Environmental clearances as required under Clause 4.3.3for the Project Highway are not required).
4.1.4 Delay in providing the Right of Way [or approval of GAD by railway authorities, as the case may be,] , in accordance with the provisions of Clause 4.1.3 shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. [For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over- bridge/under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 3 2 (threetwo) kilometre for each such road over-bridge/under-bridge.]
4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable under Clauses 4.1.4, 8.3 and 9.2 shall not exceed 31% (three 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.
Appears in 2 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 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 Clauses 8.2 and 8.3, within 8.3,within a period of 15 (fifteen) days from the date of this Agreement, on no less than 90% (ninety per cent) of the total land required for length of the ProjectProject Highway;
(b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over-bridges and under- bridges/ under-bridges at level crossings on the Project Highway in accordance with the 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, and reimbursement of all the costs and expenses paid by the Contractor to the railway authorities for and in respect of the road over-bridges/under bridges; 2 and
(c) all environmental and forest clearances as required under Clause 4.3.34.3.
4.1.4 Delay in providing the Right of Way [or approval of GAD by railway authorities, as the case may be,] , in accordance with the provisions of Clause 4.1.3 shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. [For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over- bridge/under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 3 2 (threetwo) kilometre for each such road over-bridge/under-bridge.]
4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable under Clauses 4.1.4, 8.3 and 8.3and 9.2 shall not exceed 3exceed1% (three 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 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 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, law and order or collection of inter-state taxes;
Appears in 1 contract
Samples: Epc Agreement
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 Clauses 8.2 and 8.3, within a period of 15 30 (fifteenthirty) days from the date of this Agreement, on no less than 90% (ninety per cent) of the total land required for length of the ProjectProject Highway;
(b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over-bridges and under- bridges at level crossings on the Project in accordance with the 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; 2 andDeleted
(c) all environmental and forest clearances The project shall not require Environment Clearance, as required under Clause 4.3.3per the amendment of EIA Notification 2006 issued by MoEF.
4.1.4 Delay in providing the Right of Way [or approval of GAD by railway authorities, as .as the case may be,] , in accordance with the provisions of Clause 4.1.3 shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. [For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over- over-bridge/under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 3 2 (threetwo) kilometre for each such road over-over- bridge/under-bridge.]
4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable under Clauses 4.1.4, 8.3 and 9.2 shall not exceed 31% (three 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 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 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, law and order or collection of inter-state taxes;
(d) 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;
(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.
Appears in 1 contract
Samples: Epc Agreement
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 Clauses 8.2 and 8.3, within a period of 15 30 (fifteenthirty) days from the date of this Agreement, on no less than 90% (ninety per cent) of the total land required for length of the ProjectProject Highway;
(b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over-bridges and under- bridges/ under-bridges at level crossings on the Project Highway in accordance with the 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, and reimbursement of all the costs and expenses paid by the Contractor to the railway authorities for and in respect of the road over- bridges/under bridges; 2 andand 2
(c) all environmental and forest clearances as required under Clause 4.3.34.3.
4.1.4 Delay in providing the Right of Way [or approval of GAD by railway authorities, as the case may be,] , in accordance with the provisions of Clause 4.1.3 shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. [For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over- over-bridge/under-under- bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 3 2 (threetwo) kilometre for each such road over-bridge/under-bridge.]
4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable under Clauses 4.1.4, 8.3 and 9.2 shall not exceed 31% (three 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 22 to the same part of the Project 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 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, law and order or collection of inter-state taxes;
(d) 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;
(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.
Appears in 1 contract
Samples: Contract Agreement
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 of Way in accordance with the provisions of Clauses 8.2 and 8.3, within a period of 15 (fifteen) days from the date of this Agreement, on no No less than 90% (ninety per cent) of the required Right of Way of the Construction Zone of total land required for length of the Project;Project Highway within a period of 30 (thirty) days from the date of this Agreement, which shall be in contiguous stretches of length not less than 5 (five) kilometre.
(b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over-bridges and under- bridges at level crossings on the Project in accordance with the 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; 2 anddeleted.
(c) all the environmental and forest clearances as required under Clause 4.3.3for the Project Highway have been received.
4.1.4 (iv) Delay in providing the Right of Way [or approval of GAD by railway authorities, as the case may be,] , in accordance with the provisions of Clause 4.1.3 3.1 (iii) shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. [For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over- bridge/over-bridge/ under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 3 2 (threetwo) kilometre for each such road over-bridge/bridge/ under-bridge.]
4.1.5 (v) Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable under Clauses 4.1.43.1 (iv), 8.3 and 9.2 shall not exceed 3% (three 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.and
Appears in 1 contract
Samples: Engineering Procurement and Construction (Epc) Agreement
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 of Way in accordance with the provisions of Clauses 8.2 and 8.3, within a period of 15 (fifteen) days from the date of this Agreement, on no No less than 90% (ninety per cent) of the required Right of Way of the Construction Zone of total land required for length of the Project;Project Highway within a period of 30 (thirty) days from the date of this Agreement, which shall be in contiguous stretches of length not less than 5 (five) kilometre.
(b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over-bridges and under- bridges at level crossings on the Project in accordance with the 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; 2 anddeleted.
(c) all the environmental and forest clearances as required under Clause 4.3.3for the Project Highway have been received.
4.1.4 (iv) Delay in providing the Right of Way [or approval of GAD by railway authorities, as the case may be,] , in accordance with the provisions of Clause 4.1.3 3.1 (iii) shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. [For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over- bridge/over-bridge/ under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 3 2 (threetwo) kilometre for each such road over-bridge/over- bridge/ under-bridge.]
4.1.5 (v) Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable under Clauses 4.1.43.1 (iv), 8.3 and 9.2 shall not exceed 3% (three 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.and
Appears in 1 contract
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 of Way in accordance with the provisions of Clauses 8.2 and 8.3, within a period of 15 (fifteen) days from the date of this Agreement, on no No less than 90% (ninety per cent) of the required Right of Way of the Construction Zone of total land required for length of the Project;Project Highway within a period of 30 (thirty) days from the date of this Agreement, which shall be in contiguous stretches of length not less than 5 (five) kilometre.
(b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over-bridges and under- bridges at level crossings on the Project in accordance with the 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; 2 anddeleted.
(c) all environmental and forest clearances as required under Clause 4.3.3Environmental clearance for the Project Highway is not required.
4.1.4 (iv) Delay in providing the Right of Way [or approval of GAD by railway authorities, as the case may be,] , in accordance with the provisions of Clause 4.1.3 3.1 (iii) shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. [For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over- bridge/over-bridge/ under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 3 2 (threetwo) kilometre for each such road over-bridge/bridge/ under-bridge.]
4.1.5 (v) Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable under Clauses 4.1.43.1 (iv), 8.3 and 9.2 shall not exceed 3% (three 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.and
Appears in 1 contract
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 Clauses 8.2 and 8.3, within a period of 15 30 (fifteenthirty) days from the date of this Agreement, on no less than 90% (ninety per cent) of the total land required for length of the ProjectProject Highway;
(b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over-bridges and under- bridges at level crossings on the Project in accordance with the 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; 2 andDeleted
(c) all environmental and forest Environmental clearances as required under Clause 4.3.3for the Project Highway are not required
4.1.4 Delay in providing the Right of Way [or approval of GAD by railway authorities, as the case may be,] , in accordance with the provisions of Clause 4.1.3 shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. [For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over- bridge/under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 3 2 (threetwo) kilometre for each such road over-bridge/under-bridge.]
4.1.5 Notwithstanding anything to the contrary contained in this Agreement, the Parties expressly agree that the aggregate Damages payable under Clauses 4.1.4, 8.3 and 9.2 shall not exceed 31% (three 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 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 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, law and order or collection of inter-state taxes;
Appears in 1 contract
Samples: Epc Agreement