Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement.
5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
5.1.4 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement carry out the following but not be limited to:
(a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits (other than those set forth in Clause 4.1.3), and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws;
(b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project;
(c) perform and fulfil its obligations under the Financing Agreements;
(d) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement;
(e) make reasonable efforts to facilitate the acquisition of land required for the purposes of the Agreement;
(f) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's obligations under this Agreement;
(g) 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;
(h) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(i) modify/demolish the existing structures on the Site at its own cost and consequences. The Concessionaire shall ensure that the demolition and construction of the existing s...
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, development/construction, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
Obligations of the Concessionaire. In addition to any of its other obligations under this Agreement, the Concessionaire shall manage, operate, maintain and repair the Project Facilities and Services, entirely at its cost, charges, expenses and risk in accordance with the provisions of this Agreement. The Concessionaire’s obligations under this Article 7.1 shall include but shall not be limited to the following:
Obligations of the Concessionaire. Without prejudice to the generality of Article 6.3 and in addition to any of its other obligations underthis Agreement, during the Construction Phase, the Concessionaire shall:
a) arrange for, in a timely manner all necessary financial and other resources required for construction and installation of the Project Facilities and Services.
b) engage professionally competent Persons for project management and construction and ensurethat all works are carried out in compliance with the Construction Standards;
c) give written notice to the Concessioning Authority within 7 (seven) Days of any material modification or change to any of the Financing Documents and/or any Equity Documents andshall simultaneously therewith also furnish copies of such modified/ amended documents to the Concessioning Authority. Provided no such modification/amendment will be made if it in anymanner whatsoever has the effect of imposing an additional financial obligation or increasing the financial obligation of the Concessioning Authority in addition to that contemplated under the Financing Documents provided on Financial Close, without the prior written consent of the Concessioning Authority. For avoidance of doubt any such modifications/amendments madewithout the prior written consent of the Concessioning Authority will not be enforceable against the Concessioning Authority;
d) obtain Applicable Permits, comply with Applicable Laws and Applicable Permits and give priority to safety in its construction and planning activities in order to protect life, health, property and environment;
e) provide to the representative(s) of the Concessioning Authority, at reasonable times and uponprior intimation, access to the Project Site to review progress in construction and to ascertaincompliance with any of the requirements of this Agreement. Provided that non-inspection by theConcessioning Authority of any works shall not, in relation to such works,
(i) amount to any consent or approval by the Concessioning Authority nor shall the same bedeemed to be waiver of any of the rights of the Concessioning Authority under this Agreement;and (ii) release or discharge the Concessionaire from its obligations or liabilities under thisAgreement in respect of such work;
f) provide monthly reports on the progress of Construction Works or such other relevant informationas may be required by the Independent Engineer;
g) promptly carry out at its cost such further works as may be necessary to remove any defects or...
Obligations of the Concessionaire. In addition to and not in derogation or substitution of any of the obligations, undertakings, terms and conditions or covenants set out elsewhere in this Agreement, the Concessionaire shall, without qualification, at its own cost and expense observe, undertake, perform and comply during the Concession Period with the following obligations:
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall at its own cost and expense undertake the designing, engineering, procurement, construction, operation and maintenance of the Project and Project Facilities and fulfill and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement including the terms and conditions of the Environment Clearance granted by State Level Environment Impact Assessment Authority Punjab vide ref no. SEIAA/2017/67 dated 23.01.2017, Stage-1 Forest Clearance granted by the Ministry of Environment & Forest & Climate Change vide letter dated 10.08.2020 and subsequent Stage 2 Forest Clearance granted including terms and conditions set forth in approved DPR under Forest Clearance. Further, during the execution and the implementation of the Project the Concessionaire shall be essentially required to comply with all the observations, instructions, orders etc. of the Monitoring Committee constituted in pursuance to the approval granted under Stage-I Forest clearance including any other subsequent approval granted.
5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2 above, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent contractor/ developer.
5.1.4 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement:
(a) make, or cause to be made, necessary applications to the relevant Government Instrumentality with such particulars and details, as may be required for obtaining all Applicable Permits for carrying out developments at the Project Site as specified in this Agreement. The applications shall include and not limited to preparing detailed design, building plans and drawings, infrastructure facilities including power, water supply, drainage & sewerage, firefighting, telecommunications, etc. The Concessionaire shall obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws, so as to perform its obligations under this Agreement;
(b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the ...
Obligations of the Concessionaire. Without prejudice to the generality of Article 6.3 and in addition to any of its other obligations under this Agreement, during the Construction Phase, the Concessionaire shall:
(a) arrange for, in a timely manner all necessary financial and other resources required for construction and installation of the Project Facilities and Services.
(b) engage professionally competent Persons for project management and construction and ensure that all works are carried out in compliance with the Construction Standards;
(c) give written notice to the Concessioning Authority within 7 (seven) Days of any material modification or change to any of the Financing Documents and/or any Equity Documents and shall simultaneously therewith also furnish copies of such modified/ amended documents to the Concessioning Authority. Provided no such modification/amendment will be made if it in any manner whatsoever has the effect of imposing an additional financial obligation or increasing the financial obligation of the Concessioning Authority in addition to that contemplated under the Financing Documents provided on Financial Close, without the prior written consent of the Concessioning Authority. For avoidance of doubt any such modifications/amendments made without the prior written consent of the Concessioning Authority will not be enforceable against the Concessioning Authority;
(d) obtain Applicable Permits, comply with Applicable Laws and Applicable Permits and give priority to safety in its construction and planning activities in order to protect life, health, property and environment;
(e) provide to the representative(s) of the Concessioning Authority, at reasonable times and upon prior intimation, access to the Project Site to review progress in construction and to ascertain compliance with any of the requirements of this Agreement. Provided that non-inspection by the Concessioning Authority of any works shall not, in relation to such works, (i) amount to any consent or approval by the Concessioning Authority nor shall the same be deemed to be waiver of any of the rights of the Concessioning Authority under this Agreement; and (ii) release or discharge the Concessionaire from its obligations or liabilities under this Agreement in respect of such work;
(f) provide monthly reports on the progress of Construction Works or such other relevant information as may be required by the Independent Engineer;
(g) promptly carry out at its cost such further works as may be necessary to re...
Obligations of the Concessionaire. 30
5.1 Obligations of the Concessionaire 30 5.2 Obligations relating to Project Agreements 31 5.3 Obligations relating to Change in Ownership 31 5.4 Employment of foreign nationals 32 5.5 Employment of trained personnel 32 5.6 Sole purpose of the Concessionaire 32
Obligations of the Concessionaire. 2.1. The Concessionaire shall abide by the following: (a) Applicable Laws and Applicable Permits;(b) provisions of this Agreement;(c) relevant Standards/Guidelines contained in internationally accepted codes; and(d) Good Industry Practice.
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction operation and maintenance of the Rail System and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement.
