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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site; (j) (deleted) (k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof. (l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements; (m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1; (n) construct and maintain public amenities like ablution units etc.; (o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period; (p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner; (q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal; (r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded); (s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal (t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.; (u) day to day operation and management of the Project as per this Agreement; and (v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 16 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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 Bus Terminal 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 4.1.34.1.2), 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 ProjectBus Terminal;
(c) perform and fulfil fulfill 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 12 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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, fulfilfulfill, 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 Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall shall, in discharge of all its obligations in accordance under this Agreement, conform with and adhere to Good Industry Practice and as a reasonable and prudent personat all times.
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 toAgreement:
(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 (Permits, other than those set forth in Clause 4.1.3)4.1.2, 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, licenceslicenses, agreements and permissions for materials, methods, processes processes, know-how and systems used or incorporated into the Project;
(c) perform and fulfil fulfill 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) upon written request from the Authority, make reasonable efforts to facilitate the acquisition of land and procuring of environmental and forest clearances 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 ’s obligations under this Agreement;
(g) always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, 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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 11 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Concessionaire. from
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 Bus Terminal 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:: xxx.xxxxxx.xxx Downloaded
(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 4.1.34.1.2), 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 ProjectBus Terminal;
(c) perform and fulfil fulfill 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 10 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Concessionaire. 5.1.1 5.1.1. Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure land, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project Silo Complex as per the laid down Standards and Specification and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 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 5.1.3. The Concessionaire shall provide the facility of Silo Complex for the exclusive use of the Authority or its assignees for storage of Food Grain and provide handling and related services to the Authority or its assignees, as per the terms laid down herein against payment of Storage and Handling Charges, together as the only charges payable as per terms of this Agreement for the Services.
5.1.4. 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 5.1.5. 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 toAgreement, including under Clause 3.1.2:
(a) makeMake, 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) procureBe solely liable for compliance of all requirements related to the Project as per the Standards and Specifications;
c) Procure, as required, the appropriate proprietary rights, licenceslicenses, agreements and permissions for materialsmaterial, methods, processes and systems used or incorporated into in the Project;
(cd) perform 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;
(Documents; 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) supportSupport, 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 7 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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 construction and maintenance of the Project 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.
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 toAgreement:
(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)Permits, 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 ProjectRail System;
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.]
Appears in 4 contracts
Samples: Construction Agreement, Construction Agreement, Construction Agreement
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 Bus Terminal 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 4.1.34.1.2), 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 ProjectBus Terminal;
(c) perform and fulfil fulfill 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 Concessionaire‟s obligations under this Agreement;
(g; f) 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, shall at its own cost and expense, expense procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project Highway 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectProject Highway;
(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 ’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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project Highway to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 4 contracts
Samples: Model Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this AgreementUpon Termination, the Concessionaire shallshall comply with and confirm to the following requirements:
i. Notify to the NNR forthwith the location and particulars of all Project Assets;
ii. Deliver forthwith the actual or constructive possession of the Project, at free and clear of all encumbrances, save and except to theextent set forth in the Substitution Agreement;
iii. Cure all Project Assets of all defects and deficiencies so that the Project is compliant with the Maintenance Requirements; provided that in the event of Termination during the Construction Period, allProject Assets shall be handed over on ‘as is where is’ basis after bringing them to a safe condition;
iv. Deliver and transfer relevant records, reports, intellectual property and other licenses pertaining to the Project and its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of maintenance, including all programmes and manuals pertaining thereto, and complete ‘asbuilt’ Drawing s on the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.Transfer Date
5.1.2 The Concessionaire shall comply with v. transfer and/or deliver 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 extent permissible under Applicable Laws;
(b) procurevi. execute such deeds of conveyance, documents and other writings as requiredthe NNR may reasonably require for conveying, divesting and assigning all the appropriate proprietary rights, licencestitles and interest of the Concessionaire in the Project including manufactures warranties in respect of any Project Assets and the right to receive outstanding insurance claims, agreements to the extent due and permissions for materialspayable to the NNR, methods, processes and systems used or incorporated into absolutely unto 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 NNR or its Contractors in connection with the performance of its obligations under this Agreement;nominee and
(e) make reasonable efforts to facilitate the acquisition of land required for the purposes of the Agreement;
(f) ensure and procure that its Contractors vii. comply with all Applicable Permits and other requirements as may be prescribed or required under Applicable Laws for completing the divestment and assignment of all rights, title, and interest of the Concessionaire in the performance by them of any of Project, free from all Encumbrances, absolutely unto the Concessionaire's obligations under this Agreement;
(g) not do Government 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etcnominee.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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 Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall shall, in discharge of all its obligations in accordance under this Agreement, conform with and adhere to Good Industry Practice and as a reasonable and prudent person.
5.1.4 at all times. 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 toAgreement:
(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 (Permits, other than those set forth in Clause 4.1.3)4.1.2, 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, licenceslicenses, agreements and permissions for materials, methods, processes processes, know-how and systems used or incorporated into the Project;
(c) comply with the conditions set out in the final MIOP approved by the Authority and continue being in compliance with the revisions if any to the MIOP from time to time.
(d) perform and fulfil its obligations under the Financing Agreements;
(de) 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;
(ef) make reasonable efforts to facilitate the acquisition of land required for the purposes of the Agreement;Not Used
(fg) 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;
(gh) always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, which may in any manner be violative of any of the provisions of this Agreement;
Agreement (hi) 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;; and
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to the provisions of Article 23 and on the other 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. Further, the Concessionaire acknowledges, agrees and undertakes that all Contractors and subcontractors under the Project must belong to ADB Member Countries and further that, goods and works for the Project shall be procured from ADB Member Countries as listed in Annexure-I only.
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 Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall shall, in discharge of all its obligations in accordance under this Agreement, conform with and adhere to Good Industry Practice and as a reasonable and prudent personat all times.
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 toAgreement:
(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 (Permits, other than those set forth in Clause 4.1.3)4.1.2, and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws;
(b) procure, as required, required the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes processes, know–how 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 and procuring of environmental and forest clearances 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 Concessionaire‟s obligations under this Agreement;
(g) always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, 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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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 Highway 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 Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall shall, in discharge of all its obligations in accordance under this Agreement, conform with and adhere to Good Industry Practice and as a reasonable and prudent personat all times.
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 toAgreement:
(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 (Permits, other than those set forth in Clause 4.1.3)4.1.2, 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 processes, know- how and systems used or incorporated into the ProjectProject Highway;
(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 and procuring of environmental and forest clearances 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 ’s obligations under this Agreement;
(g) always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, 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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project Assets to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject Without prejudice to the generality of Article 6.3 and on the terms and conditions in addition to any of its other obligations under this Agreement, during the Construction Phase, the Concessionaire shall:
(a) arrange for, at its own cost in a timely manner all necessary financial and expense, procure finance other resources required for construction and undertake the design, engineering, procurement, construction, operation and maintenance installation of the Project Facilities and observeServices.
(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 21 This provision would need to be modified in case the Project is being developed phase wise or the Project is a xxxxxxxxxx project where existing facilities which have been handed over are required to be operated during the Construction Phase. Authority in addition to that contemplated under the Financing Documents provided on Financial Close, fulfilwithout 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 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) and give priority to safety in the performance of its obligations under this Agreement.
5.1.3 Subject construction and planning activities in order to the provisions of Clauses 5.1.1 protect life, health, property 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 Agreementenvironment;
(e) make reasonable efforts provide to facilitate the acquisition of land required for the purposes 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) 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 provide monthly reports on the Site at its own cost and consequences. The Concessionaire shall ensure that the demolition and construction progress of the existing structures is also in compliance with the prevailing building bye laws, zoning regulations Construction Works or such other relevant information as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall may be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne required by the Authority.Independent Engineer;
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
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 Highway 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectProject Highway;
(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 ’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 MPRDC in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project Highway to the Authority MPRDC upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Concessionaire. 5.1.1 4.1.1. Subject to and on the terms and conditions of this the 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 4.1.2. The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as requiredrequired in this regard) in the performance of its obligations under this the Agreement.
5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the 4.1.3. The Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
5.1.4 4.1.4. It shall establish a suitable quality control mechanism to ensure compliance with the Project requirements and in accordance with the provisions of the Agreement (the “Quality Assurance Plan” or “QAP”).
4.1.5. The Concessionaire can enter into a contract with any firm / company for construction of the Project. However, the Concessionaire is responsible to the Authority for the performance of its obligations as per the terms of the Agreement.
4.1.6. 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 toAgreement:
(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 a. keep in force and effect such Applicable Permits in conformity with the Applicable Laws;
(b) b. procure, as required, the appropriate proprietary property rights, licenceslicenses, agreements and permissions for materials, methods, processes processes, know-how and systems used or incorporated into the Project;
(c) c. perform and fulfil fulfill 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) d. ensure and procure that its Contractors contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's ’s obligations under this Agreement;
(g) ; e. 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 the 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
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, fulfilfulfill, 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 toAgreement:
(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 (Permits, other than those set forth in Clause 4.1.3)4.1.2, 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, licenceslicenses, agreements and permissions for materials, methods, processes processes, know-how and systems used or incorporated into the Project;
(c) perform and fulfil fulfill 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 obtain environmental clearances required for the purposes of the Agreement. The Authority will provide necessary assistance required for obtaining such clearances;
(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 ’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 carry out its obligations and duties with regard to the existing structures on operation and maintenance of the Site at its own cost and consequencesProject in accordance with the provision of this Agreement. The Concessionaire obligations shall ensure that the demolition and construction include all works arising from any obligation of the existing structures is also Concessionaire, and all duties not mentioned in compliance with this Concession Agreement, but which may be inferred to be necessary for the prevailing building bye lawssafe, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI reliable and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal efficient operation of the scrap from the SiteProject;
(j) (deleted)ensure and procure that its Contractor(s)/ sub-licensees complies with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's obligations under this Agreement;
(k) transfer the Bus Terminal and the Commercial Complex Project to the Authority upon Termination termination of this Agreement, in accordance with the provisions thereof.of this Agreement;
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities procure that all equipment and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of comprising the Project as per this Agreement; and
(v) bear are developed, operated and maintained in accordance with the expenses of electricity Specifications and water in the Bus Terminal during the Concession Period of Bus TerminalStandards, except electricity Maintenance Requirements, Safety Requirements and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.Good Industry Practice
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, It is expressly agreed that the Concessionaire shall, at its own cost all times, be responsible and expense, procure finance liable 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 Agreement notwithstanding anything contained in the provisions of Clauses 5.1.1 Project Agreements or any other agreement, and 5.1.2, no default under any Project Agreement or agreement shall excuse the Concessionaire shall discharge from its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
5.1.4 or liability hereunder. The Concessionaire shall, shall at its own cost and expenseexpense observe, undertake, comply with and perform, in addition to and not in derogation of its obligations elsewhere set out in this Agreement carry out Agreement, the following but not be limited tofollowing:
(a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities Authority instrumentalities with such particulars and details 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) perform its obligations under this Agreement and notify to Authority forthwith the occurrence of Financial Close;
c) submit to the Authority certified true copies of each of the Project Agreements within 7 (bseven) days of their execution;
d) The Concessionaire shall not make any addition, replacement or amendments to any of the Project Agreements without the prior written consent of the Authority if such addition, replacement or amendment has, or may have, the effect of imposing or increasing any financial liability or obligation on the Authority, and in the event that any replacement or amendment is made without such consent, the Concessionaire shall not enforce such replacement or amendment nor permit enforcement thereof against the Authority. For the avoidance of doubt, the Authority acknowledges and agrees that it shall not unreasonably withhold its consent for restructuring or rescheduling of the debt of the Concessionaire.
e) remove promptly from the Project Site, all waste materials (including, without limitation, hazardous materials and wastewater), rubbish and other debris (including without limitation accident debris) and shall keep the Project Site in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits;
f) procure, as required, the appropriate proprietary rights, licenceslicenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project;
(cg) perform appoint, supervise and fulfil its obligations control the activities of Contractors under their respective Project Agreements as may be necessary, also provide all assistance to the Independent Engineer and independent testing agency as it may require for the performance of their duties and services; h) support, cooperate with and facilitate the Authority in execution of the Project Agreement, implementation and operation of the Project in accordance with the provisions of this Agreement;
i) provide reports to the Authority on regular basis during the Construction Period and the Operations Period in the form and manner set forth in this Agreement and Schedule “V’';
j) obtain and maintain in force on and from the Appointed Date all insurance in accordance with the provisions of this Agreement and Good Industry Practice;
k) undertake Debt Service Payments in accordance with the Financing AgreementsDocuments;
(dl) ensure and procure that each Project Agreement contains provisions that entitle the Authority to step into such Agreement in its discretion in place and substitution of the Concessionaire in the event of Termination or Suspension of this Agreement on account of default or breach by the Concessionaire;
m) make all necessary payments to the Authority such as Concession Fee, or any other payment that needs to be made to the Authority in accordance with the provisions of this Agreement;
n) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Concessionaire’s obligations under this Agreement;
o) comply with all Applicable Permits and Applicable Laws in the performance of the Concessionaire’s obligations under this Agreement including those being performed by it any of the Contractors;
p) develop, implement and administer a safety program for the Project, the users thereof, and the Contractors personnel engaged in the provision of any services under any of the Project Agreements including correction of safety violations and deficiencies, and taking of all other actions necessary to provide a safe environment in accordance with Schedule ‘M’, Applicable Laws and Good Industry Practice;
q) take all reasonable precautions for the prevention of accidents on or its Contractors about the Project and provide all reasonable assistance and emergency medical aid to accident victims;
r) after receiving vacant possession of the Site or part thereof, ensure that such Site remains free from all encroachments and take all steps necessary to remove encroachments, if any;
s) indemnify the Authority against all actions, suits, claims, demands and proceedings and any loss or damage or cost or expense that may be suffered by them on account of anything done or omitted to be done by the Concessionaire in connection with the performance of its obligations under this Agreement;
(e; t) make reasonable efforts comply with the Divestment Requirements and hand over the Project to facilitate the acquisition of land required for the purposes Authority upon Termination 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; u) not do or omit to do any act, deed or thing which may in any manner be violative of violate 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
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 maintenance of the Existing Project Facilities during the Initial Operation Period and design, engineering, procurement, construction, operation and maintenance of the Project Facilities 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 Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall shall, in discharge of all its obligations in accordance under this Agreement, conform with and adhere to Good Industry Practice and as a reasonable and prudent personat all times.
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 toAgreement:
(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 (Permits, other than those set forth in Clause 4.1.3)Article 4.1.2, 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;
(fc) 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 ’s obligations under this Agreement;.
(g) not do 5.1.5 The Concessionaire shall remedy any and all loss or omit damage to do the Project Facilities during the Defects Liability Period at the Concessionaire’s cost to the extent that such loss or damage shall have arisen out of the reasons specified in Article 36.3.
5.1.6 The Concessionaire shall remedy any actand all loss or damage to the Project Facilities during the Preliminary Operation Period, deed or thing which may in any manner be violative of any of the Initial Operation Period and the Operation Period as per the provisions of this Agreement;
(h) support, cooperate with save and facilitate except to the extent that any such loss or damage shall have arisen on account of any default or neglect of the Authority in the implementation and operation or on account 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etca Force Majeure Event.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
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 Port in accordance with the provisions of this Agreement and the Master Plan, 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 The Concessionaire shall install, operate and maintain Project Equipment sufficient for handling cargo and Containers equivalent to Daily Capacity.
5.1.4 Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall shall, in discharge of all its obligations in accordance under this Agreement, conform with and adhere to Good Industry Practice and as a reasonable and prudent personat all times.
5.1.4 5.1.5 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 toAgreement:
(a) make, or cause to be made, necessary applications to the relevant Government Governmental Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits (Permits, other than those set forth in Clause 4.1.3)4.1.2, and obtain and keep in force and effect such Applicable Permits and maintain them in conformity with the Applicable Laws;
(b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes processes, know-how and systems used or incorporated into the ProjectPort;
(c) handle, store, discharge, deliver or dispose of, as the case may be, goods and/ or cargo in accordance with the provisions of Applicable Laws and conforming to Good Industry Practice;
(d) procure that the Access Channel and Entrance Channel are maintained in accordance with Good Industry Practice and offers a minimum Draught of 20.8 (twenty point eight) and 18.4 (eighteen point four) metres respectively;
(e) undertake such reclamation as may be necessary for discharge of its obligations under this Agreement;
(f) schedule and regulate the entry, berthing and sailing of vessels in a non- discriminatory manner and in accordance with Applicable Laws and Good Industry Practice;
(g) provide or cause to be provided pilotage and towage in accordance with Good Industry Practice and on a non-discriminatory basis;
(h) maintain and provide fire fighting services in accordance with the provisions of this Agreement and Good Industry Practice;
(i) perform and fulfil its obligations under the Financing Agreements;
(dj) 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;
(fk) 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 ’s obligations under this Agreement;
(gl) always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, which may in any manner be violative of any of the provisions of this Agreement;
(hm) support, cooperate with and facilitate the Authority in the implementation performing its obligations under and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kn) transfer the Bus Terminal and the Commercial Complex Project Assets to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
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 operation, and maintenance of the Project Facilities 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 toAgreement:
(ai) 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)Permits, and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws;
(bii) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project;
(ciii) perform and fulfil its obligations under the Financing Agreements;
(div) 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;
(fv) 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 ’s obligations under this Agreement;
(gvi) 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;
(hvii) support, cooperate with and facilitate the Concessioning Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kviii) transfer the Bus Terminal and the Commercial Complex Seabed to the Concessioning Authority upon Termination of this Agreementon the Expiry Date, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etcSEABED Lease Deed.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
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.
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 toAgreement:
(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)Permits, 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 into the Project; systems used or incorporated into the Projectincorporated;
(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 procure and comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's ’s obligations under this Agreement;
(gf) 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;
(hg) support, cooperate with and facilitate the Authority Maha-Metro in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kh) transfer the Bus Terminal and the Commercial Complex Project/ Project Facilities to the Authority Maha-Metro upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
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 Bus Terminal 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.. Downloaded from
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:: xxx.xxxxxx.xxx
(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 4.1.34.1.2), 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 ProjectBus Terminal;
(c) perform and fulfil fulfill 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Obligations of the Concessionaire. 5.1.1 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 5.1.2. The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as requiredrequired in this regard) in the performance of its obligations under this Agreement.
5.1.3 Subject to 5.1.3. Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
5.1.4 5.1.4. The Concessionaire can enter into a contract with any firm / company for construction and/or for O & M of the Project. However, the Concessionaire is responsible to the Authority for the performance of its obligations as per the terms of the Agreement.
5.1.5. 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 toAgreement:
(a) make, or cause to be made, a. make 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)Permits, and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws;
(b) b. procure, as required, the appropriate proprietary property rights, licenceslicenses, agreements and permissions for materials, methods, processes processes, know- how and systems used or incorporated into the Project;
(c) c. perform and fulfil fulfill 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) d. 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 ’s obligations under this Agreement;
(g) ; e. 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 the 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Obligations of the Concessionaire. 5.1.1 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 Airport, in accordance with the provisions of this Agreement and the Master Plan, and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 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 5.1.3. The Concessionaire shall, at all times during the subsistence of this Agreement, comply with all the conditions stipulated in the Applicable Permits/Approvals including In-Principle Approval or any substitute and/ or consequential approvals necessary to fulfil its obligations under this Agreement.
5.1.4. Save and except as otherwise provided in this Agreement or Applicable Laws, as the case may be, the Concessionaire shall, in discharge of all its obligations under this Agreement, conform with and adhere to Good Industry Practice at all times.
5.1.5. The Concessionaire shall, from time to time, undertake expansion or augmentation of the Aeronautical Assets, Terminal Building and Non-Aeronautical Assets in accordance with the provisions of Clauses 5.1.1 this Agreement and 5.1.2Good Industry Practice
5.1.6. The Concessionaire shall, at all times (including during the Construction Period), comply with all instructions and requirements of DGCA and BCAS and allow DGCA and BCAS to inspect the Site and the Airport from time to time at their own cost and with reasonable advance notice to the concessionaire.
5.1.7. Save and except as expressly provided in this Agreement, the Concessionaire shall discharge its obligations shall, at all times during the subsistence of this Agreement, pay all taxes, levies, duties, cesses and all other statutory charges, dues, assessments or outgoings payable in accordance with Good Industry Practice respect of the Airport, any Aeronautical Services, Non-Aeronautical Services and as a reasonable and prudent personother services, or in respect of the materials stored therein, which may be levied by any Government Instrumentality.
5.1.4 5.1.8. 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 toAgreement:
(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 (Permits, other than those set forth in Clause 4.1.3)4.1.2, 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 processes, know-how and systems used or incorporated into the ProjectAirport;
(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;Deleted
(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 ’s obligations under this Agreement;
(g) always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, which may in any manner be violative of any of the provisions of this Agreement;
(h) procure that all facilities and amenities within the Airport are operated and maintained in accordance with Good Industry Practice and the Users have non-discriminatory access for use of the same in accordance with the provisions of this Agreement and Applicable Laws;
(i) ensure that Users are treated with due courtesy and consideration and provided with ready access to services and information;
(j) provide or cause to be provided, Ground Handling Services at the Airport in accordance with the provisions of this Agreement and Applicable Laws;
(k) provide all support and assistance to the Authority or the Designated GOI Agency, as the case may be, for provision and operation of Reserved Services at the Airport;
(l) procure the supply of electricity to the Airport from the grid, including procuring standby arrangements for supply of electricity necessary for maintenance of Aeronautical Services and Non-Aeronautical Services in the event of outages or failure of electricity supply from the grid;
(m) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kn) transfer the Bus Terminal and the Commercial Complex Project Assets to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, shall at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project 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.
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 Subject to the provisions of Clause 21.3.1, the Concessionaire shall install, operate and maintain the rolling stock and equipment necessary and sufficient for handling Users equivalent to 110% (one hundred and ten per cent) of the Average PHPDT.
5.1.5 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectRail System;
(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 ’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) procure that all facilities and amenities within the Rail System are operated and maintained in accordance with Good Industry Practice and the Users have non-discriminatory access for use of the same;
(i) ensure that Users are treated with due courtesy and consideration and provided with ready access to services and information;
(j) support, cooperate with and facilitate the Authority Government 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted); and
(k) transfer the Bus Terminal and the Commercial Complex Rail System to the Authority Government upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 planning, design, engineering, procurement, constructiondevelopment, operation and maintenance of the Project Diagnostic centres 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 toAgreement:
(a) plan, design and develop the Project Sites as per the requirements of the applicable rules, regulations, laws, permits etc. for setting up the Diagnostic centres;
b) make, or cause to be made, necessary applications to the relevant Government Municipal 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;
(bc) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the ProjectDiagnostic centres;
(cd) perform and fulfil its obligations under the Financing Agreements;
(de) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors contractors / sub- contractors including the O&M Contractor 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 contractors {including the O&M Contractor}comply with all Applicable applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's 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;; and
(i) modify/demolish transfer centre except the existing structures on the Site at its own cost C T SCAN , MRI ,SONOGRAPHY,ECHO CARDIOGRAPHY Equipment and consequences. The Concessionaire shall ensure that the demolition and construction other properties of the existing structures is also in compliance with the prevailing building bye lawsConcessionaire, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon expiry or earlier Termination of this Agreement, in accordance with the provisions thereof.
(lj) develop a centralized covered Bus Terminal ensure that any supplementary activities are undertaken only in accordance with adequate number the provisions of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to the provisions of Article 23 and on the other 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 Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall shall, in discharge of all its obligations in accordance under this Agreement, conform with and adhere to Good Industry Practice and as a reasonable and prudent personat all times.
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 toAgreement:
(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 (Permits, other than those set forth in Clause 4.1.3)4.1.2, and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws;
(b) procure, as required, required the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes processes, know–how 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 and procuring of environmental and forest clearances 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 ’s obligations under this Agreement;
(g) always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, 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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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, constructionupgradation, (except driving test tracks, administrative building, boundary wall, campus lighting), equipment, software development, IT infrastructure including hardware and software, services, operation and maintenance of the Project and observe, fulfilfulfill, 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 toAgreement:
(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 all 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. The Concessioning Authority will extend help in procuring applicable Permits from various Government Departments;
(b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, equipments, processes and systems used or incorporated into the Project;
(c) perform and fulfil fulfill its obligations under the Financing Agreements;
(d) obtain and procure the requisite statutory permissions from the competent authorities under the Applicable Laws in respect of all the Project Sites relating to electrical equipments and electric supply, safety measures including fire safety fighting and other services for the development, implementation and to make the Project Sites functional in all respects, including arranging requisite service connections from the competent authorities/ Instrumentalities of the concerned Departments.
(e) provide complete set up, at all 38 (Thirty Eight) Project Sites, for conducting Automated Driving Tests for 2-Wheelers and 3/4 Wheelers, including software development, IT infrastructure including hardware and software and connectivity for such system etc. However, in case there is any further addition of new sites (but not exceeding a total of 45) during the subsistence of the Concession Period, the cost for the complete construction (as would be expanded by both the Concessioning Authority and Concessionaire as certified by the Concessioning Authority) shall be borne by the Concessioning Authority. The Concessionaire shall only provide the IT infrastructure, software and hardware system including necessary connectivity and the additional manpower for such new sites;
(f) develop, install and implement necessary software including the necessary database software to successfully implement registration, capture the physical driving test in video streaming format with capability to replay and webcast all the Project Sites, various test results etc and commissioning the system. The Concessionaire shall, also, maintain/ store the recording for atleast 6 (six) months after the completion of driving tests;
(g) supply and install all kind of hardware, system software, other peripherals and items necessary for the establishment of the system;
(h) develop a software application for enrolment w.r.t driving tests to be conducted for all categories of vehicles and have test evaluation criteria such as time duration for completing the test on each type of track; number of hits at the curves during the test on each of the track; number of times the reverse gear has been applied except for the parallel parking test; number of times the vehicles has been stopped during the test on each of the track etc.
(i) develop a system having a mechanism for the digital approval/ rejection of application based on the driving tests. Also, the captured photograph taken before conducting the driving test should be printed on the Test Certificates for all the Users;
(j) provide biometric system at each of the Project Sites and the software system being installed shall be scalable in order to capture the biometrics of the successful Users in the Driving Tests;
(k) ensure that the entire system developed, at each Project Site, is integrated
(l) integrate the software system developed for the Project with the Operator selected by the Government for the existing e-governance project on BOOT basis;
(m) develop an online payment mechanism, wherein before issuing the receipt of Driving Test to the User, the requisite share of Government/ Concessioning Authority (if any) and the Concession the accounts of their respective accounts;
(n) demand and collect requisite User Fee from the Users appearing for the Driving Tests for 2-Xxxxxxx, 3/4 Wheelers and both 2-Xxxxxxx and 3/4 Xxxxxxxx;
(o) 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;
(fp) 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;
(gq) 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;
(hr) support, cooperate with and facilitate the Authority Government in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(ks) transfer the Bus Terminal Project along with the source codes and the Commercial Complex database structures to the Authority Government when the Project becomes operational and also, upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining. Also, the development of workshops unit Concessionaire shall share with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses any Updation being carried out in the form of rampssource codes/ database structures, protective railings, ventilation system etcas and when completed.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 Highway and observe, fulfilfulfill, 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 toAgreement:
(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 all Applicable Permits (other than those set forth in Clause 4.1.3)Permits, 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, licenceslicenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the ProjectProject Highway;
(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 the Concessionaire or its Contractors in connection with the performance of its the Concessionaire’s obligations under this Agreement;
(ed) make reasonable efforts to facilitate the acquisition of land required for the purposes of the Agreement;
(fe) 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;
(gf) 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;
(hg) support, cooperate with and facilitate the Authority Government in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kh) transfer the Bus Terminal and the Commercial Complex Project Highway to the Authority Government upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 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 toAgreement:
(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 all 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, equipment’s, processes and systems used or incorporated into the Project;
(c) perform and fulfil its obligations under the Financing Agreements;
(d) obtain and procure the requisite statutory permissions from the competent authorities under the Applicable Laws in respect of the Project Site relating to any services required for the development, construction and to make the Project Site operational in all respects;
(e) demand and collect requisite Adda Fee from the Buses entering the Bus Terminal; Commercial Charges from the Users of Commercial Complex Area, Parking Fee and Advertisement fee;
(f) 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;
(fg) 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;
(gh) Intentionally Left Blank;
(i) Intentionally Left Blank;
(j) 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;
(hk) support, cooperate with and facilitate the Concessioning Authority in the implementation construction and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kl) transfer the Bus Terminal & Commercial Complex area along with all movable & immovable assets and the Commercial Complex source codes & database structures free from all encumbrances to the Concessioning Authority upon Termination of this AgreementAgreement or successful completion of the Concession Period, in accordance with the provisions thereof.
(lm) develop a centralized covered Bus Terminal with adequate number The Concessionaire shall be under an obligation that minimum average monthly commercial consideration or sub-licensing charges that may be collected from sub- licensee towards use of bus bays along with RCC yard any commercial built-up area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in within the Bus Terminal area and Commercial Complex, shall be Rs 65 (Rupees sixty five) per sq. ft. (excluding Goods & Service Tax, applicable from time to time) during the Concessionaire Period. The minimum average commercial consideration shall be for the Financial Year in which the project’s Appointed Date falls. After that the applicable minimum average monthly commercial consideration shall be escalated at the rate of 5 (five) % annually during the Concession Period of Bus TerminalPeriod, except electricity and water charges for Authorityover the previous year’s office, workshop, drivers amount (i.e. on compounded basis). It is clarified that the relevant Project Agreement related to commercial built-up area /premises or staff dormitory and electric bus charging which shall sub-licensing document/contracts that may be borne executed by the AuthorityConcessioniare with various sub-licensees pertaining to commercial built-up area or premises shall include this essential condition.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 a. 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 Facilities and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 b. 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 c. Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall shall, in discharge of all its obligations in accordance under this Agreement, conform with and adhere to Good Industry Practice and as a reasonable and prudent personat all times.
5.1.4 d. 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 toAgreement:
(a) i. 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 (Permits, other than those set forth in Clause 4.1.34.1.(b), and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws;
(b) ii. procure, as required, the appropriate proprietary rights, licenceslicenses, agreements and permissions for materials, methods, processes processes, know-how and systems used or incorporated into the Project;
(c) iii. be solely liable for compliance of all requirements related to the Project as per the Standards and Specifications;
iv. perform and fulfil its obligations under the Financing Agreements;
(d) v. 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) vi. 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 ’s obligations under this Agreement;
(g) vii. always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 4.1.1 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 survey, investigation, design, engineering, procurement, construction, operation and maintenance Construction of the Railway Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 4.1.2 The Concessionaire shall provide to the Authority Performance Security as per Clause 8.
4.1.3 The Concessionaire within a period of 120 days from the date of this Agreement shall provide to the Authority:
(a) Escrow Agreement, duly executed;
(b) Substitution Agreement, duly executed;
(c) Three (03) copies of Financing Agreements duly attested by a Director of the Concessionaire; and
(d) Three (03) copies of the Financial Package duly attested by a Director of the Concessionaire.
4.1.4 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 4.1.5 Save and except as otherwise provided in this Agreement or Applicable Laws, as the case may be, the Concessionaire shall, in discharge of all its obligations under this Agreement, conform with and adhere to Good Industry Practice at all times.
4.1.6 The Concessionaire shall remedy any and all loss or damage to the Railway Project, occurring on or after the Appointed Date and until the date of Provisional Certificate with respect to the Works completed prior to the issuance of the Provisional Certificate, and/or Completion Certificate with respect to the Works referred to in the Punch List, at its own cost, save and except to the extent that any such loss or damage shall have arisen from any default of the Authority or on account of a Force Majeure Event in which case the provisions of Clauses 5.1.1 and 5.1.2, the Article22shall apply.
4.1.7 The Concessionaire shall discharge remedy any and all loss or damage to the Railway Project during the Defects Liability Period at its obligations own cost, to the extent that such loss or damage shall have arisen out of the reasons specified in accordance with Good Industry Practice and as a reasonable and prudent personClause 16.
5.1.4 4.1.8 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 toAgreement:
(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), Schedule-E 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 materialsMaterials, methods, processes processes, know- how and systems used or incorporated into the Railway 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 Sub-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;
(fd) ensure and procure that its Contractors Sub-contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's Concessionaire‟s obligations under this Agreement;
(ge) always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, which may in any manner be violative of any of the provisions of this Agreement;
(hf) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(ig) modify/demolish the existing structures on the Site at its own cost and consequences. The Concessionaire shall ensure that the demolition Concessionaire and construction of the existing structures is also in compliance its Sub-contractors comply with the prevailing building bye lawssafety and welfare measures for labour in accordance with Applicable Laws and Good Industry Practice;
(h) keep, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from on the Site, a copy of this Agreement, publications named in this Agreement, the Drawings, Documents relating to the Project, Change of Scope Orders and other communications sent under this Agreement, and provide access to all these Documents at all reasonable times to the Authority‟s Engineer and its authorised personnel;
(i) cooperate with other contractors employed by the Authority and with personnel of any other public authority; and
(j) (deleted)
(k) transfer not interfere unnecessarily or improperly with the Bus Terminal convenience of the public, or the access to and use and occupation of all the Commercial Complex to existing facilities within the Right of Way, irrespective of whether they are public or in the possession of the Authority upon Termination or of this Agreement, in accordance with the provisions thereofothers.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area4.1.9 The Concessionaire shall undertake all necessary superintendence to plan, passenger movement spacesarrange, furniture fixturesdirect, electrical fittingsmanage, utilities inspect and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, test the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etcWorks.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject 8.1 Without prejudice to any other covenants and on the terms and conditions of obligations as set out in this Agreement, the Concessionaire shallfurther undertakes and agrees, at its own cost and expenseexpense and in addition to, procure finance and not in derogation of, its obligations contained elsewhere in this Agreement, to:
(i) Obtain and keep valid all such Applicable Permits (including renewals as may be required from time to time) required for and undertake the designperformance of its obligations under this Agreement, engineering, procurement, construction, operation and maintenance shall do nothing to vitiate the conditions of the Project Applicable Permits and observe, fulfil, comply with their renewals 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 Permits;
(including renewals as requiredii) in the performance of Discharge all its obligations under contained in this Agreement.
5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the Concessionaire shall discharge its obligations Agreement 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 LawsPractice;
(biii) procure, as required, Undertake loading and unloading operations at both the appropriate proprietary rights, licences, agreements origin and permissions for materials, methods, processes and systems used or incorporated into the Project;destination Rail Terminals
(civ) perform Perform and fulfil fulfill its obligations under the Financing AgreementsDocuments;
(dv) make Ensure and procure that its Contractors/sub-contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire’s obligations under this Agreement;
(vi) Support, cooperate with and facilitate Railway Administration in the effective and timely implementation and operation of the provisions of this Agreement;
(vii) Provide all relevant data and information to FOIS through an on line system, in accordance with the requirements of this Agreement;
(viii) Provide/procure access to Railway Administration staff at each Rail Terminal from where the locomotive either originates or terminates at all reasonable hours;
(ix) Draw and maintain adequate insurance cover throughout the term of this Agreement for the Rail Terminal and the Concessionaire’s Wagons from an insurance company licenced by the Insurance Regulatory and Development Authority. Without prejudice to the generality of the foregoing, the Concessionaire shall procure adequate insurance to cover against (i) any loss, damage or destruction of the Concessionaire’s Wagons and/or Rail Terminal; (ii) Concessionaire’s general liability arising out of this Agreement to the extent it is commercially insurable; (iii) any other insurance that may be necessary to protect against any Force Majeure Events that are commercially insurable; and (iv) such other insurance as may be customary in accordance with Good Industry Practice. In this regard, the Concessionaire shall, from time to time, provide to Railway Administration copies of all insurance policies obtained by the Concessionaire in accordance with the terms of this Agreement;
(x) Make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the order to ensure performance of its obligations under this Agreement;
(exi) make reasonable efforts Neither do nor permit to facilitate the acquisition of land required for the purposes of the Agreement;
be done any act (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 actcommission or omission), deed or thing thing, which may in any manner be violative of any of the provisions of this AgreementAgreement or in any manner prejudice the performance by the Concessionaire of any of its covenants or obligations contained herein;
(hxii) supportBear and pay all costs, cooperate expenses and charges in connection with and facilitate or incidental to the Authority in the implementation and operation performance of the Project in accordance with obligations of the provisions of Concessionaire under this Agreement;
(ixiii) modify/demolish the existing structures on the Site Settle at its own sole cost and consequences. The Concessionaire shall ensure that expense, all claims arising out of traffic booked by the demolition Concessionaire.
(xiv) Maintain accurate, up-to-date and construction of the existing structures is also in compliance with the prevailing building bye lawscomplete records relating to Concessionaire’s Container train operations.
(xv) Hand over Concessionaire’s Wagons to Railway Administration, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASIapproved substitute thereof, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, maintenance in accordance with the provisions thereofmaintenance schedule laid down by Railway Administration from time to time.
(lxvi) develop Upon receipt of a centralized covered Bus request in this regard, allow, any time and from time to time, representatives of Railway Administration to enter upon its premises (whether at a Rail Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities or other office premises (including registered office)) to inspect any and other all documents pertaining to any container train related requirements;operations and to provide all necessary support and assistance as may be required by Railway Administration in this regard.
(mxvii) {Ensure access to and acceptance of Concessionaire’s Trains into each of the Rail Terminals from where Bus Terminal the Concessionaire’s Trains are originating and workshops/ depots are adjoining, terminating prior to the development dispatch of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;Concessionaire’s Trains.
(nxviii) construct and maintain public amenities like ablution units etcProvide one time lock (OTL) or any other similar standard device for sealing of container to ensure security of goods during transit.;
(oxix) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities The Concessionaire shall be maintained hygienic, neat promptly inform Railway Administration of any Material Adverse Effect in its financial conditions and clean during the concession period;of any litigation threatened or initiated.
(pxx) accesses either through staircasesTo do all such other acts, overbridges deeds and things as are necessary or underpasses for movement of pedestrians from one platform incidental to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per performance of Concessionaire’s obligations under the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etcAgreement.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 toAgreement:
(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 4.1.34.1.2), 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 ’s obligations under this Agreement;
(gf) not do or omit to do any act, deed or thing which may in any manner be violative violate of any of the provisions of this Agreement;
(hg) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kh) transfer the Bus Terminal and the Commercial Complex Project to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Model Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject Without prejudice to the generality of Article 6.3 and on the terms and conditions in addition to any of its other obligations under this Agreement, for the Construction Works, the Concessionaire shall:
(a) arrange for, at its own cost in a timely manner all necessary financial and expense, procure finance other resources required for construction and undertake the design, engineering, procurement, construction, operation and maintenance installation of the Project Facilities and observe, fulfilServices.
(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) Deleted
(d) obtain Applicable Permits, 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) and give priority to safety in the performance of its obligations under this Agreement.
5.1.3 Subject construction and planning activities in order to the provisions of Clauses 5.1.1 protect life, health, property 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 Agreementenvironment;
(e) make reasonable efforts provide to facilitate the acquisition of land required for the purposes 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) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in provide monthly reports on the performance progress of Construction Works or such other relevant information as may be required by them of any of the Concessionaire's obligations under this AgreementNodal Officer;
(g) not do promptly carry out at its cost such further works as may be necessary to remove any defects or omit to do any act, deed or thing which may deficiencies observed by the Nodal Officer 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 all respects 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(vh) bear to ensure safe and timely construction and completion of the expenses Project/Project Facilities and Services, the Concessionaire may, at its cost, interrupt and divert/create barriers on the flow of electricity water or on the road or cruise traffic, adjacent to the Project Site if such interruption and water in diversion is imperative for the Bus Terminal during the Concession Period efficient progress of Bus Terminal, except electricity Construction Works and water charges for Authority’s office, workshop, drivers or staff dormitory conforms to Good Industry Practice; provided that such interruption and electric bus charging which diversion shall be borne undertaken by the AuthorityConcessionaire only with the prior written approval of the Nodal Officer which approval shall not be unreasonably withheld. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of Construction Works and shall remove the interruption or diversion within the period specified by the Nodal Officer.
Appears in 1 contract
Samples: Concession Agreement
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 be responsible to operate the Project Facilities such that it can process the Obligated Quantity of MSW throughout the Concession Period.
5.1.3 The Concessionaire shall be responsible for design, engineering, procurement, construction, operation and maintenance of the infrastructure facilities such as water supply, power supply and approach road outside the boundaries of the Project Facilities and shall bear all costs and expenses of the same including but not limited to deposit charges, consumption charges to the relevant authorities as may be necessary.
5.1.4 The Concessionaire shall comply with all the Applicable Laws and procure all the Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement.
5.1.3 5.1.5 Subject to the provisions of Clauses 5.1.1 and 5.1.25.1.4, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
5.1.4 5.1.6 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 toAgreement:
(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 ’s obligations under this Agreement;
(g; f) 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; g) 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 designdesigning, engineering, procurement, construction, rehabilitation, operation and maintenance of the Project and observe, fulfilfulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 The Concessionaire shall apply for and obtain all Applicable Permits and 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 Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall shall, in discharge of all its obligations in accordance under this Agreement, conform with and adhere to Good Industry Practice and as a reasonable and prudent personat all times.
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 toAgreement:
(a) 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 (Permits, other than those set forth in Clause 4.1.3)4.1.2, and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws;
(b) b. procure, as required, the appropriate proprietary rights, licenceslicenses, agreements and permissions for materials, methods, processes processes, know-how and systems used or incorporated into the Project;
(c) c. perform and fulfil fulfill its obligations under the Financing Agreements;
(d) 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) e. 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 Concessionaire‟s obligations under this Agreement;
(g) f. always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, which may in any manner be violative of any of the provisions of this Agreement;
g. procure fulfilment of Key Performance Indicators (hKPIs) in accordance with Article 20 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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) i. transfer the Bus Terminal and the Commercial Complex Project to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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{Tolling Obligations from Appointed Date, engineering, procurement, construction, and O&M obligations (in terms hereof) from _____[..(specified Date](“O&M Handover Date”) in respect of the}4 operation and maintenance of the Project Highway 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 Practice, Applicable Laws and Applicable Permits, and as a reasonable and prudent person.
5.1.4 . The Concessionaire shall, 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) Agreement; 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)Permits, 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, licenceslicenses, 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) Project Highway; make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it the Concessionaire or its Contractors in connection with the performance of its the Concessionaire’s obligations under this Agreement;
(e) make ; provide reasonable efforts support and assistance to facilitate the acquisition of land required and/ or capacity Augmentation if undertaken by Authority for the purposes of and in terms 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 ’s obligations under this Agreement;
(g) ; –––––––––––––––––––––––––––– 4 To be included in case of Annuity BOT and New EPC project where maintenance obligations would be subsisting under respective contracts. Whereas in case of Item Rate the content in Parenthesis would be removed and definitions of Tolling obligations and O&M Handover Date would be removed. 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) ; undertake the O&M obligations in terms of Clause 15.1, and support, cooperate with and facilitate the Authority in the implementation monitoring of operation and operation maintenance of the Project Highway 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex ; furnish to the Authority in each year of the Concession Period, and every three months prior to expiry of annual Performance Security, rolled over and renewed Performance Security (escalated at Price Index from last value), subject to and in accordance with terms hereof; without prejudice to the requirement under clause 5.2 below, ensure and procure that through the Concession Period, the O&M contractor engaged by the Concessionaire from time to time or at any time, if any, shall fulfil the threshold technical eligibility criteria prescribed for the same under the relevant RFP; to the complete satisfaction of the Authority, and in the event Concessionaire fails to comply with the same at any time during term hereof, the same shall be deemed as Concessionaire’s Default which shall make the Agreement liable for termination; transfer the possession of Project Highway to the Authority in good operational condition as per Good Industry Practice, upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal ; and pay the applicable Stamp Duty and registration fees with adequate number respect to execution of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject In addition to and on not in derogation or substitution of any of the terms obligations set out elsewhere in this Agreement including the Annexures, Schedules the concessionaire agrees and conditions of this Agreement, the Concessionaire shall, undertakes as under:
a) The CONCESSIONAIRE shall at its own cost and expense, procure finance for : a) Operate and undertake maintain 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 toilets as required) in the performance of its obligations under this Agreement.
5.1.3 Subject to per the provisions of Clauses 5.1.1 this agreement or amendments thereto, good industry practices and 5.1.2applicable laws.
b) Ensure the availability of water supply, sewerage, drainage, electricity etc. in the ISWs. The electricity, sewerage & water connection charges shall be borne by the concessionaire. It is clarified that if water is not available through service connection, the Concessionaire shall discharge make its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
5.1.4 The Concessionaire shall, own arrangement 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:cost.
(ac) make, or cause to be made, necessary applications The CONCESSIONAIRE shall adhere to the relevant Government Instrumentalities Advertisement rules/policy/bylaws of GHMC in connection with such particulars and details display of advertisements. The CONCESSIONAIRE shall also pay/ensure payment to GHMC 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 per the Applicable Laws;terms of this agreement.
(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 the CONCESSIONAIRE's obligations under this Agreement and shall be solely responsible for compliance with all labour laws and shall be solely liable for all possible claims from any third party and employment related liabilities of its staff employed in relation with the Project and hereby indemnifies GHMC against any claims, damages, expenses or losses In this regard and that in no case and shall for no purpose shall GHMC be treated as employer in this regard;
e) neither place or create nor permit any other person claiming through or under the CONCESSIONAIRE to create or place any Encumbrance over all or any part of the Project Assets, or on any rights of the CONCESSIONAIRE therein, save and except as expressly set forth in this Agreement;
(e) make reasonable efforts to facilitate the acquisition of land required for the purposes of the Agreement;
(f) ensure be responsible for safety, soundness 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 durability of the Project in accordance Facility including all structures forming part thereof and their compliance with the provisions of this AgreementSpecifications and Standards;
(ig) modify/demolish the existing structures on the Site at its own cost and consequences. The Concessionaire shall ensure that the demolition Project Site remains free from all encroachments and construction of the existing structures is also in compliance with the prevailing building bye lawstake all steps necessary to remove encroachments, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Siteif any;
(jh) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct operate and maintain public amenities like ablution units etc.;
(o) the Project at all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean times during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform Period in conformity with this Agreement including but not limited to the other in a safe Specifications and fully secured mannerStandards, the Maintenance Program and Good Industry Practice;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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, construction operation and maintenance of the Project 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.
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 toAgreement:
(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 4.1.34.1.2), 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 ProjectRail System;
(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 th H & R Q F H V 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) provide assistance and support to MOR, as may be necessary and required for the provision of Reserved Services at the Rail System in accordance with the provisions of this Agreement;
(i) procure that all facilities and amenities within the Rail System are operated and maintained in accordance with Good Industry Practice and the Users have non- discriminatory access for use of the same;
(j) support, cooperate with and facilitate the Authority MOR 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted); and
(k) transfer the Bus Terminal and the Commercial Complex Rail System to the Authority MOR upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Construction Agreement
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 Healthcare Network 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectHealthcare Network;
(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 ’s obligations under this Agreement;
(gf) 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;
(g) procure that all facilities and amenities within the Healthcare Network are operated and maintained in accordance with Good Industry Practice and the Patients have non-discriminatory access for use of the same under and in accordance with this Agreement;
(h) ensure that Patients are treated with due courtesy and consideration and provided with ready access to services and information;
(i) 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;; and
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Healthcare Network to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 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, & transfer of the Multi Level Car Parking and design, engineering, procurement, construction, operation and maintenance of the Project Commercial Complex at Old Power House Complex, Keishampat in Imphal and observe, fulfilfulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 5.1.2. the Concessionaire shall pay the quoted “one-time upfront lease premium” subject to a minimum of 12.21 Cr (Rupees twelve crore & twenty one lakh) plus handing over of MLCP in line with the terms and condition of the RFP & Concession Agreement.
5.1.3. The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including Permits(including renewals as required) in the performance of its obligations under this Concession Agreement.
5.1.3 5.1.4. Subject to the provisions of Clauses 5.1.1 and 5.1.2, the Concessionaire shall discharge its dischargeits obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
5.1.4 5.1.5. 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 toAgreement:
(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 4.1.34.1.2), 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, licenceslicenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the ProjectProject Multi Level Car Parking and Commercial Complex;
(c) perform its payment obligations to the Authority (as set forth in Article 25) such as , annual concession fees , project development fees and fulfil premium
d) perform and fulfill its obligations under the Financing Agreements;
(de) 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;
(ef) make reasonable efforts to facilitate Make adequate standby/backup arrangements for meeting the acquisition of land required power requirements for the purposes operation and maintenance of the Agreement;project and emergency situations during periods of power shut down and/or failure.
(fg) always act in a manner consistent with the provisions of this Agreement and not cause or fail to do any act, deed, or thing, whether intentionally or otherwise, which may in any manner bi violative of any of the provisions of this agreement.
h) ensure and procure that its Contractors comply with all Applicable Permits and and
i) Applicable Laws in the performance by them of any of the Concessionaire's ’s obligations under this Agreement;
(g; j) 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; k) 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject 8.1 Without prejudice to any other covenants and on the terms and conditions of obligations as set out in this Agreement, the Concessionaire shallfurther undertakes and agrees, at its own cost and expenseexpense and in addition to, procure finance and not in derogation of, its obligations contained elsewhere in this Agreement, to:
(i) Obtain and keep valid all such Applicable Permits (including renewals as may be required from time to time) required for and undertake the designperformance of its obligations under this Agreement, engineering, procurement, construction, operation and maintenance shall do nothing to vitiate the conditions of the Project Applicable Permits and observe, fulfil, comply with their renewals 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 Permits;
(including renewals as requiredii) in the performance of Discharge all its obligations under contained in this Agreement.
5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the Concessionaire shall discharge its obligations Agreement 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 LawsPractice;
(biii) procure, as required, Undertake loading and unloading operations at both the appropriate proprietary rights, licences, agreements origin and permissions for materials, methods, processes and systems used or incorporated into the Project;destination Private Terminals
(civ) perform Perform and fulfil fulfill its obligations under the Financing AgreementsDocuments;
(dv) make Ensure and procure that its Contractors/sub-contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire’s obligations under this Agreement;
(vi) Support, cooperate with and facilitate Railway Administration in the effective and timely implementation and operation of the provisions of this Agreement;
(vii) Provide all relevant data and information to FOIS through an on line system, in accordance with the requirements of this Agreement;
(viii) Provide/procure access to Railway Administration staff at each Private Terminal from where the locomotive either originates or terminates at all reasonable hours;
(ix) Draw and maintain adequate insurance cover throughout the term of this Agreement for the Private Terminal and the Concessionaire’s Wagons from an insurance company licenced by the Insurance Regulatory and Development Authority. Without prejudice to the generality of the foregoing, the Concessionaire shall procure adequate insurance to cover against (i) any loss, damage or destruction of the Concessionaire’s Wagons and/or Private Terminal; (ii) Concessionaire’s general liability arising out of this Agreement to the extent it is commercially insurable; (iii) any other insurance that may be necessary to protect against any Force Majeure Events that are commercially insurable; and (iv) such other insurance as may be customary in accordance with Good Industry Practice. In this regard, the Concessionaire shall, from time to time, provide to Railway Administration copies of all insurance policies obtained by the Concessionaire in accordance with the terms of this Agreement;
(x) Make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the order to ensure performance of its obligations under this Agreement;
(exi) make reasonable efforts Neither do nor permit to facilitate the acquisition of land required for the purposes of the Agreement;
be done any act (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 actcommission or omission), deed or thing thing, which may in any manner be violative of any of the provisions of this AgreementAgreement or in any manner prejudice the performance by the Concessionaire of any of its covenants or obligations contained herein;
(hxii) supportBear and pay all costs, cooperate expenses and charges in connection with and facilitate or incidental to the Authority in the implementation and operation performance of the Project in accordance with obligations of the provisions of Concessionaire under this Agreement;
(ixiii) modify/demolish the existing structures on the Site Settle at its own sole cost and consequences. The Concessionaire shall ensure that expense, all claims arising out of traffic booked by the demolition Concessionaire.
(xiv) Maintain accurate, up-to-date and construction of the existing structures is also in compliance with the prevailing building bye lawscomplete records relating to Concessionaire’s SFT train operations.
(xv) Hand over Concessionaire’s Wagons to Railway Administration, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASIapproved substitute thereof, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, maintenance in accordance with the provisions thereofmaintenance schedule laid down by Railway Administration from time to time.
(lxvi) develop Upon receipt of a centralized covered Bus request in this regard, allow, any time and from time to time, representatives of Railway Administration to enter upon its premises (whether at a Private Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities or other office premises (including registered office)) to inspect any and other all documents pertaining to any SFT train related requirements;operations and to provide all necessary support and assistance as may be required by Railway Administration in this regard.
(mxvii) {Ensure access to and acceptance of Concessionaire’s Trains into each of the Private Terminals from where Bus Terminal the Concessionaire’s Trains are originating and workshops/ depots are adjoining, terminating prior to the development dispatch of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;Concessionaire’s Trains.
(nxviii) construct and maintain public amenities like ablution units etcProvide suitable locking device and/or any other similar standard device for sealing of wagons of SFT to ensure security of goods during transit.;
(oxix) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities The Concessionaire shall be maintained hygienic, neat promptly inform Railway Administration of any Material Adverse Effect in its financial conditions and clean during the concession period;of any litigation threatened or initiated.
(pxx) accesses either through staircasesTo do all such other acts, overbridges deeds and things as are necessary or underpasses for movement of pedestrians from one platform incidental to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per performance of Concessionaire’s obligations under the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etcAgreement.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 Highway 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectProject Highway;
(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 ’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 Government in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project Highway to the Authority Government upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Obligations of the Concessionaire Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, shall at its own cost and expense, expense procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project Highway 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) Agreement: 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 4.1.34.1.2), 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) Project Highway; 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 ’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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project Highway to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
. Obligations relating to Project Agreements It is expressly agreed that the Concessionaire shall, at all times, be responsible and liable for all its obligations under this Agreement notwithstanding anything contained in the Project Agreements or any other agreement, and no default under any Project Agreement or agreement shall excuse the Concessionaire from its obligations or liability hereunder. The Concessionaire shall submit to the Authority the drafts of all Project Agreements or any amendments or replacements thereto for its review and comments, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, to the Concessionaire within 30 (lthirty) develop a centralized covered Bus Terminal with adequate number days of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
the receipt of such drafts. Within 7 (mseven) {where Bus Terminal and workshops/ depots are adjoiningdays of execution of any Project Agreement or amendment thereto, the development Concessionaire shall submit to the Authority a true copy thereof, duly attested by a Director of workshops unit the Concessionaire, for its record. For the avoidance of doubt, it is agreed that the review and comments hereunder shall be limited to ensuring compliance with necessary structural provisions the terms of this Agreement. It is further agreed that no review and/or its failure to review and/or convey its observations on any document shall relieve the Concessionaire of its obligations and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, liabilities under this Agreement in any manner nor shall the Authority shall take separate electricity connection be liable for the workshop area and same in any manner whatsoever. The Concessionaire shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenitiesnot make any addition, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges replacement or underpasses for movement of pedestrians from one platform amendments to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only any of the Bus Terminal;
(r) all Financing Agreements without the facilities prior written consent of the Authority if such addition, replacement or amendment has, or may have, the effect of imposing or increasing any financial liability or obligation on the Authority, and in the event that any replacement or amendment is made without such consent, the Concessionaire shall not enforce such replacement or amendment nor permit enforcement thereof against the Authority. For the avoidance of doubt, the Authority acknowledges and agrees that it shall not unreasonably withhold its consent for plumbing, internal electrification and all restructuring or rescheduling of the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area usersDebt Due. The parking facility for Bus Terminal and for the Commercial Complex Concessionaire shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management procure that each of the Project as per Agreements contains provisions that entitle the Authority to step into such agreement, in its sole discretion, in substitution of the Concessionaire in the event of Termination or Suspension (the “Covenant”). For the avoidance of doubt, it is expressly agreed that in the event the Authority does not exercise such rights of substitution within a period not exceeding 90 (ninety) days from the Transfer Date, the Project Agreements shall be deemed to cease to be in force and effect on the Transfer Date without any liability whatsoever on the Authority and the Covenant shall expressly provide for such eventuality. The Concessionaire expressly agrees to include the Covenant in all its Project Agreements and undertakes that it shall, in respect of each of the Project Agreements, procure and deliver to the Authority an acknowledgment and undertaking, in a form acceptable to the Authority, from the counter party(ies) of each of the Project Agreements, where under such counter party(ies) shall acknowledge and accept the Covenant and undertake to be bound by the same and not to seek any relief or remedy whatsoever from the Authority in the event of Termination or Suspension. Notwithstanding anything to the contrary contained in this Agreement, the Concessionaire agrees and acknowledges that selection or replacement of an O&M Contractor and execution of the O&M Contract shall be subject to the prior approval of the Authority from national security and public interest perspective, the decision of the Authority in this behalf being final, conclusive and binding on the Concessionaire, and undertakes that it shall not give effect to any such selection or contract without prior approval of the Authority. For the avoidance of doubt, it is expressly agreed that approval of the Authority hereunder shall be limited to national security and public interest perspective, and the Authority shall endeavour to convey its decision thereon expeditiously. It is also agreed that the Authority shall not be liable in any manner on account of grant or otherwise of such approval and that such approval or denial thereof shall not in any manner absolve the Concessionaire or its Contractors from any liability or obligation under this Agreement. Obligations relating to Change in Ownership The Concessionaire shall not undertake or permit any Change in Ownership, except with the prior approval of the Authority. Notwithstanding anything to the contrary contained in this Agreement, the Concessionaire agrees and acknowledges that: all acquisitions of Equity by an acquirer, either by himself or with any person acting in concert, directly or indirectly, including by transfer of the direct or indirect legal or beneficial ownership or control of any Equity, in aggregate of not less than 15% (fifteen per cent) of the total Equity of the Concessionaire; and
(v) bear or acquisition of any control directly or indirectly of the expenses Board of electricity Directors of the Concessionaire by any person either by himself or together with any person or persons acting in concert with him shall constitute a Change in Ownership requiring prior approval of the Authority from national security and water public interest perspective, the decision of the Authority in this behalf being final, conclusive and binding on the Concessionaire, and undertakes that it shall not give effect to any such acquisition of Equity or control of the Board of Directors of the Concessionaire without such prior approval of the Authority. For the avoidance of doubt, it is expressly agreed that approval of the Authority hereunder shall be limited to national security and public interest perspective, and the Authority shall endeavour to convey its decision thereon expeditiously. It is also agreed that the Authority shall not be liable in any manner on account of grant or otherwise of such approval and that such approval or denial thereof shall not in any manner absolve the Concessionaire from any liability or obligation under this Agreement. For the purposes of this Clause 5.3.2: the expression “acquirer”, “control” and “person acting in concert” shall have the meaning ascribed thereto in the Bus Terminal during Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeover) Regulations, 1997 or any statutory re-enactment thereof as in force as on the Concession Period date of Bus Terminalacquisition of Equity, except electricity or the control of the Board of Directors, as the case may be, of the Concessionaire; the indirect transfer or control of legal or beneficial ownership of Equity shall mean transfer of the direct or indirect beneficial ownership or control of any company or companies whether in India or abroad which results in the acquirer acquiring control over the shares or voting rights of shares of the Concessionaire; and water charges for Authority’s officepower to appoint, workshopwhether by contract or by virtue of control or acquisition of shares of any company holding directly or through one or more companies (whether situate in India or abroad) the Equity of the Concessionaire, drivers not less than half of the directors on the Board of Directors of the Concessionaire or staff dormitory and electric bus charging which of any company, directly or indirectly whether situate in India or abroad, having ultimate control of not less than 15% (fifteen per cent) of the Equity of the Concessionaire shall be borne by constitute acquisition of control, directly or indirectly, of the AuthorityBoard of Directors of the Concessionaire.
Appears in 1 contract
Samples: Model Concession Agreement
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 Highway and observe, fulfilfulfill, 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectProject Highway;
(c) perform and fulfil fulfill 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 ’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 MPRDC in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project Highway to the Authority MPRDC upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 Port in accordance with the provisions of this Agreement and the Master Plan, 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 The Concessionaire shall install, operate and maintain Project Equipment sufficient for handling cargo and Containers equivalent to Daily Capacity.
5.1.4 Save and except as otherwise provided in this Agreement or Applicable Laws, as the provisions of Clauses 5.1.1 and 5.1.2case may be, the Concessionaire shall shall, in discharge of all its obligations in accordance under this Agreement, conform with and adhere to Good Industry Practice and as a reasonable and prudent personat all times.
5.1.4 5.1.5 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 toAgreement:
(a) make, or cause to be made, necessary applications to the relevant Government Governmental Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits (Permits, other than those set forth in Clause 4.1.3)4.1.2, and obtain and keep in force and effect such Applicable Permits and maintain them in conformity with the Applicable Laws;
(b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes processes, know-how and systems used or incorporated into the ProjectPort;
(c) perform and fulfil its obligations under handle, store, discharge, deliver or dispose of, as the Financing Agreements;
(d) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it case may be, goods and/ 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 cargo in accordance with the provisions of this AgreementApplicable Laws and conforming to Good Industry Practice;
(id) modify/demolish the existing structures on the Site at its own cost and consequences. The Concessionaire shall ensure procure that the demolition Access Channel and construction of the existing structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, Entrance Channel are maintained in accordance with the provisions thereof.
(l) develop Good Industry Practice and offers a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.Draught of
Appears in 1 contract
Samples: Concession Agreement
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 Haji Bunder, (Sewree) to Elephanta Island Ropeway 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 toAgreement:
(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), Schedule E) 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 ProjectHaji Bunder, (Sewree) to Elephanta Ropeway;
(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 ’s obligations under this Agreement;
(gf) 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;
(hg) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kh) transfer the Bus Terminal and the Commercial Complex Haji Bunder, (Sewree) to Elephanta Island Ropeway to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(i) Transfer the land back to the Authority (MbPT) free of cost and other assets will be valued as stated below: Transfer of real estate plus ropeway system in working condition including all stations, towers, etc. should be made as per the Indian Accounting Standard. The valuation to be carried out by the IndAS113 utilizing the Cost Approach basis of provisions of Indian Accounting Standard.
(j) 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,
(k) 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;
(l) develop a centralized covered Bus Terminal with adequate number provide monthly reports on the progress of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and Construction Works or such other related requirementsrelevant information as may be required by the Independent Engineer;
(m) {where Bus Terminal promptly carry out at its cost such further works as may be necessary to remove any defects or deficiencies observed by the Independent Engineer and workshops/ depots are adjoining, the development ensure timely completion of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management construction of the Project as per / the Project Facilities and Services in all respects in accordance with the provisions of this Agreement; and
(vn) bear to ensure safe and timely construction and completion of the expenses Project/Project Facilities and Services, the Concessionaire may, at its cost, interrupt and divert/create barriers on the flow of electricity water or on the road or port traffic, adjacent to the Project Site if such interruption and water in diversion is imperative for the Bus Terminal during the Concession Period efficient progress of Bus Terminal, except electricity Construction Works and water charges for Authority’s office, workshop, drivers or staff dormitory conforms to Good Industry Practice; provided that such interruption and electric bus charging which diversion shall be borne undertaken by the AuthorityConcessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of Construction Works and shall remove the interruption or diversion within the period specified by the Independent Engineer.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, shall at its own cost and expense, expense procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project Bus Port 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectProject Bus Port;
(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 ’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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Project Bus Terminal and the Commercial Complex Port to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 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 toAgreement:
(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 all 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, equipment’s, processes and systems used or incorporated into the Project;
(c) perform and fulfil its obligations under the Financing Agreements;
(d) obtain and procure the requisite statutory permissions from the competent authorities under the Applicable Laws in respect of the Project Site relating to any services required for the development, construction and to make the Project Site operational in all respects;
(e) demand and collect requisite Adda Fee from the Buses entering the Bus Terminal;; Commercial Charges from the Users of Commercial Complex Area, Parking Fee and Advertisement fee;
(f) 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;
(fg) 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;
(gh) Left Blank;
(i) Left Blank;
(j) 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;
(hk) support, cooperate with and facilitate the Concessioning Authority in the implementation construction and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kl) transfer the Bus Terminal & Commercial Complex area along with all movable & immovable assets and the Commercial Complex source codes & database structures free from all encumbrances to the Concessioning Authority upon Termination of this AgreementAgreement or successful completion of the Concession Period, in accordance with the provisions thereof.
(lm) develop a centralized covered Bus Terminal with adequate number The Concessionaire shall be under an obligation that minimum average monthly commercial consideration or sub-licensing charges that may be collected from sub-licensee towards use of bus bays along with RCC yard any commercial built-up area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in within the Bus Terminal area and Commercial Complex, shall be Rs 30 (thirty) per sq. ft. during the Concessionaire Period. The minimum average commercial consideration shall be for the Financial Year in which the project’s Appointed Date falls. After that the applicable minimum average monthly commercial consideration shall be escalated at the rate of 5 (five) % annually during the Concession Period of Bus TerminalPeriod, except electricity and water charges for Authorityover the previous year’s office, workshop, drivers amount (i.e. on compounded basis). It is clarified that the relevant Project Agreement related to commercial built-up area /premises or staff dormitory and electric bus charging which shall sub-licensing document that may be borne executed by the AuthorityConcessioniare with various sub-licensees pertaining to commercial built-up area or premises shall include this essential condition.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, shall at its own cost and expense, expense procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project Road 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 toAgreement:
(a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details details, as may be required for obtaining Applicable Permits (other than those set forth in Clause 4.1.3), 4.1.1.2) 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 ProjectProject Road;
(c) perform and fulfil fulfill 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 Highway 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectProject Highway;
(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 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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project Highway to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(lj) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct provide and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe Development Period and Construction Period air conditioned and fully secured manner;
(q) furnished site office of not less than 300 sq.m built up area at a dedicated office suitable location as indicated by TNRDC, for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etctheir use.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 the, design, engineering, procurement, construction, operation and maintenance of the Project in accordance with the provisions of this Agreement and take reference to the concept Master Plan as specified under Schedule – B, Annexure - II 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, from time to time, undertake expansion or augmentation of the Project Assets in accordance with the provisions of this Agreement and Good Industry Practice
5.1.5 Save and except as expressly provided in this Agreement, the Concessionaire shall, at all times during the subsistence of this Agreement, pay all taxes, levies, duties cesses and all other statutory charges, dues, assessments or outgoings payable except property tax in respect of the Project, Services and other services, or in respect of the materials stored therein, which may be levied by any Government Instrumentality.
5.1.6 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 toAgreement:
(a) make, or cause to be made, necessary applications to the relevant Government Governmental Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits (Permits, other than those set forth in Clause 4.1.3)4.1.2, 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, licenceslicenses, agreements and permissions for materials, methods, processes processes, know-how and systems used or incorporated into the Project;.
(c) perform and fulfil its obligations under all the Financing Agreements;Agreements executed for phased development of the Project.
(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 ’s obligations under this Agreement;
(gf) always act in a manner consistent with the provisions of this Agreement and not do cause or omit fail to do any act, deed or thing thing, whether intentionally or otherwise, which may in any manner be violative of any of the provisions of this AgreementAgreement or Applicable laws
(g) procure that all facilities and amenities within the Project are operated and maintained in accordance with Good Industry Practice and the Users have non-discriminatory access for use of the same in accordance with the provisions of this Agreement and Applicable Laws;
(h) ensure that Users are treated with due courtesy and consideration and provided with ready access to Services and information;
(i) provide, or cause to be provided, Services in accordance with the provisions of this Agreement and Applicable Laws;
(j) procure the temporary supply of electricity during the Construction Period to the Project from the grid, including procuring standby arrangements for supply of electricity for maintenance of Services in the event of outages or failure of electricity supply from the gird;
(k) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(il) modify/demolish the existing structures on the Site at its own cost and consequences. The Concessionaire shall ensure that the demolition equipment used in the Project are in good condition and construction of conform to the existing structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI international specifications and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Siteefficiency standards;
(jm) (deleted)ensure procurement of the latest and the most efficient technology and comply with provisions of Article 21;
(kn) transfer the Bus Terminal and the Commercial Complex Project Assets to the Authority upon Termination Termination/Expiry of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all procure, as required, the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat appropriate utilities and clean during the concession period;
(p) accesses either through staircases, overbridges Services required or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost used for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.Project
Appears in 1 contract
Samples: Model Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the 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 shall observe, fulfilundertake, 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 expenseperform, in addition to and not in derogation of its obligations elsewhere set out in this Agreement carry out Concession Agreement, the following but not be limited toobligations set forth in this Article:
(a) make, or cause to To perform the Scope of Services as set out in Article 2 – Award of Concession & Scope of Services;
(b) To be made, necessary applications to the relevant Government Instrumentalities responsible for compliance 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 To be responsible for modification required in bus body for fitment of LED boards and fulfil its obligations under controller etc, at designated places in the Financing Agreementsbuses;
(d) make reasonable efforts To provide Performance Security in the form of Bank Guarantee to maintain harmony DTC which shall be kept valid throughout the Concession Period and good industrial relations among the personnel employed by it or its Contractors in connection with the performance an additional period of its obligations under this Agreement180 days (One Hundred Eighty Days) thereafter;
(e) make reasonable efforts To transfer LED Display Boards to facilitate DTC at the acquisition of land required for the purposes end of the Concession Period in accordance with the terms of this Concession Agreement;
(f) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws To pay Concession Fee to DTC on monthly basis as per details given in the performance by them of any Article 6 of the Concessionaire's obligations under this Concession Agreement;
(g) not do To be liable for any liability of Advertisement Tax payable to MCD/NDMC or omit to do any actother local authority, deed or thing which may in any manner be violative of any and ensure necessary compliance of the provisions of this AgreementMCD‟s/NDMC‟s Bye-laws or any other provisions made there under (as may be amended from time to time);
(h) supportTo carry out its obligations hereunder with all due diligence, cooperate with efficiency and facilitate the Authority in the implementation and operation of the Project economy, in accordance with the provisions of this Agreementgenerally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods;
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall To be responsible and liable for safe any damages caused to the Vehicles by the Concessionaire while discharging its Scope of Services and hassle-free disposal of the scrap from the Siteany consequential damages arising therefrom;
(j) (deleted)The Project Premises as given in Schedule 7 shall be used only for the purposes of carrying out the Scope of Services and matters relating thereto in terms of this Concession Agreement and in accordance with directions as may be issued by DTC without causing any disturbance and other inconvenience to those in its vicinity;
(k) transfer the Bus Terminal To be responsible and the Commercial Complex liable for any damages caused to the Authority upon Termination of this Agreement, Project Premises during the period the same are in accordance with the provisions thereof.Concessionaire‟s custody and any consequent damages arising therefrom;
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities To get the LED Boards prototype(s) and LT wire tested (after sealing by DTC) and additional samples as picked by DTC during execution on regular basis (as set out in Schedule 1) approved by test agencies like ARAI/VRDE/CIRT/NABL/BIS Labs and such other related requirementsagencies as may be approved by the Central Government and bear the cost thereof;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development To keep sufficient float LED Boards while discharging Scope of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1Services;
(n) construct Within 30 days of the Agreement Date, provide to DTC communication/other protocols and maintain public amenities like ablution units etc.configuration parameters/details relating to LED Boards, and changes, if any, in the same during the Concession Period, for use by DTC during the Concession Period and thereafter;
(o) all Within 30 days of the passenger amenitiesAgreement Date, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienicsupply requisite software tools, neat technical manuals (15 Nos.) containing equipment features, circuit diagrams, operating procedures etc. to DTC and clean changes, if any, in the same during the concession periodConcession Period;
(p) accesses either through staircases, overbridges or underpasses for movement To provide training to technical personnel and operational staff in depots in batches as per the requirement of pedestrians from one platform to the other in a safe and fully secured mannerDTC;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only To resolve various problems including those relating to repair / replacement of the Bus TerminalLED Boards generally within 24 hrs from the date and time when LED Boards stopped working;
(r) all To ensure the facilities for plumbing, internal electrification cleanliness and all maintenance of the other allied works to render advertising space – Interior and Exterior of the office functional (partitions excluded)bus;
(s) facility for parking adequate number To ensure that the advertisements displayed are not indecent / obscene or otherwise offensive to good taste or against public sentiments or in contravention of 4 wheelersthe Applicable Laws including the MCD bye-laws, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall 1996, as may be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s)amended from time to time; 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminaland
(t) all the other allied facilities To cooperate with DTC officials or any third party, appointed by DTC for fire protection, accesses in the form project management and for auditing of ramps, protective railings, ventilation system etcLED based Route Display System.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject 7.1. Notwithstanding obligations established hereunder, the CONCESSIONAIRE undertakes to:
I. compensate the DEPOSITARY BANK for the provision of services that are the purpose of this CONTRACT, in the amount of [▪] [▪];
II. bear all charges and fees to ensure that the CENTRALIZER ACCOUNT is maintained;
III. keep the CENTRALIZER ACCOUNT active, free and on clear throughout the entire CONCESSION PERIOD;
IV. ensure that all amounts associated with the REVENUE are deposited directly into the CENTRALIZER ACCOUNT;
V. refrain from providing any instructions to the DEPOSITARY BANK concerning operations of the CENTRALIZER ACCOUNT other than as described herein;
VI. notify, in writing, the terms and conditions of this AgreementACCOUNT MANAGEMENT CONTRACT and the other CONCESSION DOCUMENTS, the Concessionaire shallto its directors and agents, 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, so that they comply with and perform enforce all its obligations set out in this Agreement of their terms and conditions;
VII. deliver to the GRANTING AUTHORITY information concerning any legal transaction, corporate resolution or arising hereunder.
5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in measure that might affect the performance of any of its obligations under this Agreement.CONTRACT;
5.1.3 Subject to VIII. inform the provisions GRANTING AUTHORITY, within 1 (one) working day, 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, any delay or cause to be made, necessary applications impediment 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 deposit of ELECTRONIC REVENUE into the Applicable Laws;
CENTRALIZER ACCOUNT; (b) procure, as required, any delay or impediment to the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated deposit of PHYSICAL REVENUE into the ProjectCENTRALIZER ACCOUNT;
IX. notify the GRANTING AUTHORITY, within 1 (cone) perform and fulfil its obligations under working day of learning of (a) any information that might entail freezing or encumbrance of the Financing Agreements;
CENTRALIZER ACCOUNT; or (db) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it any act or its Contractors information that might, in connection any way, interfere with the performance of its obligations under this AgreementCONTRACT;
(e) make reasonable efforts X. throughout this CONTRACT’s term, to facilitate keep the acquisition of land representations made herein true;
XI. keep all approvals required for the purposes performance of the Agreementthis CONTRACT valid, effective and in good standing, at all times;
(f) ensure and procure that its Contractors comply with XII. carry out all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's obligations taken on 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other CONTRACT in a safe and fully secured timely manner;
(q) a dedicated office XIII. use the CENTRALIZER ACCOUNT exclusively for UPSRTC staff with a sufficient usable area along with change rooms purposes referenced in this CONTRACT and toilets refrain from assigning rights or placing burdens, liens, charges, restrictions or preferences of any kind on the CENTRALIZER ACCOUNT, other than as per permitted under this CONTRACT and the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this AgreementCONCESSION CONTRACT; and
(v) bear XIV. perform any actions and sign any documents that are required for maintaining the expenses CENTRALIZER ACCOUNT, undertaking additionally, but not only, to defend, effectively and in a timely manner, the CENTRALIZER ACCOUNT and all rights resulting therefrom, against any procedures or proceedings potentially filed by other persons, or which may come to the CONCESSIONAIRE’s attention, and which might, in any way, adversely affect the terms of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authoritythis CONTRACT.
Appears in 1 contract
Samples: Account Management Contract
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own i t s ow n cost and expense, procure finance for f inance f or and undertake the design, engineering, procurement, construction, undert ake t he operation and maintenance of the Project Highway and observe, fulfilfulfill, 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 w it h Good Industry Practice I ndust ry Pract ice and as a reasonable and prudent person.
5.1.4 The Concessionaire shall, at its it s 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 toAgreement:
(a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities I nstrumentalities with such particulars and details as may be required for obtaining all Applicable Permits (other than those set forth in Clause 4.1.3)Permits, 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, licenceslicenses, agreements and permissions for materialsmat erials, methodsmet hods, processes and systems syst ems used or incorporated into the ProjectProject Highway;
(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 the Concessionaire or its Contractors in connection with the performance of its the Concessionaire’s obligations under this Agreement;
(ed) make reasonable efforts to facilitate the acquisition of land required for the purposes of the Agreement;
(fe) 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 ’s obligations under this Agreement;
(gf) 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;
(hg) support, cooperate with and facilitate the Authority Government in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kh) transfer the Bus Terminal and the Commercial Complex Project Highway to the Authority Government upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject The Concessionaire, in addition and without prejudice to and on its obligations specified in the terms and conditions other provisions of this Agreement, the Concessionaire shall, at its own cost during the Concession Period, including extension thereof, without qualification, observe 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 following obligations: 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) maketake over possession of the Project Site from the Concessioning Authority, provided, however, it has provided the Performance Security in accordance with the provisions of Article 5;
(b) without prejudice to the Concessioning Authority’s obligations in this respect, make or cause to be made, made the necessary applications to the relevant Government Instrumentalities with such Competent Authority for all Clearances and supply the appropriate particulars and details to such Competent Authority as may be required necessary confirming that the Concessionaire fulfils the eligibility criteria to enable such authority reasonably to consider the request for obtaining Applicable Permits (other than those set forth the grant of the relevant Clearance and, following the grant of any such Clearance, maintain such Clearance in Clause 4.1.3), and obtain and keep in full force and effect such Applicable Permits so long as it is necessary in conformity with order for 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 ProjectConcessionaire to perform its obligations hereunder;
(c) perform undertake upgradation & renovation itself or appoint Construction Contractor(s) and fulfil its obligations under enter into Construction Agreement(s). The Concessionaire shall carry out construction of the Financing AgreementsFacility in accordance with the terms of this Agreement, including without limitation the conditions of Clearance, Technical Requirements and Good Industry Practices;
(d) make reasonable efforts manage, run and maintain the Facility or cause it to maintain harmony and good industrial relations among the personnel employed by it or its Contractors be maintained in connection accordance with the performance terms of this Agreement, including without limitation the conditions of Clearances, Performance Standards, Maintenance Standards and Good Industry Practices;
(e) report to the Concessioning Authority during the Development Period and the Management Period as detailed in Article 10. Such reports will contain such information as is reasonably required to keep the Concessioning Authority properly informed of material matters relating to the upgradation & renovation, management and maintenance of the Facility;
(f) achieve Substantial Completion of Building not later than ; provided that the Concessionaire shall not be in breach of this Clause 6.2(f), if any non-fulfilment or delay in fulfilment of its obligations herein are caused by (i) the occurrence of an event of Force Majeure in accordance with Article 15 hereof or (ii) a Concessioning Authority Event of Default or any other act or omission by the Concessioning Authority in contravention of its obligations under this Agreement;
(eg) commence Commercial Operations of the Facility and ensure that classes for ITI begin by .
(h) make reasonable efforts to facilitate adequate standby and backup arrangements for meeting the acquisition of land required power requirements for the purposes management and maintenance of the Project;
(i) make timely payments of the Concession Fees & Revenue share as applicable to the Concessioning Authority in accordance with the terms of this Agreement;
(fj) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of not transfer or dispose off or otherwise alienate any of the Concessionaire's obligations Project Assets excluding movable assets created by him, without the prior written approval of the Concessioning Authority;
(k) maintain the Project Assets in accordance with the Maintenance Standards and Good Industry Practices with the objective of providing adequate service standards to the Trainees and ensuring that at the end of the Concession Period the Facility, excluding movable assets created by him, is transferred to the Concessioning Authority or its nominated agency in fair condition, subject to normal wear and tear, having regard to its construction or upgradation, life and use in accordance with the terms and conditions of this Agreement;
(l) allow representatives of the Concessioning Authority reasonable access to the Project Site but so as not to interfere unreasonably with the upgradation, management, running or maintenance of the Facility;
(m) subject to the provisions of Article 17, not Abandon the Facility;
(n) provide a security and watch and xxxx service at the Facility to maintain the safety and security of the life and property and make provision and arrangement for first aid and prompt medical attention in cases of accidents and emergencies;
(o) ensure that the Academic Fees levied, charged and demanded, collected, retained and appropriated is in accordance with the rates under this Agreement;
(gp) not do or omit to do any actmaintain the requisite insurance on the Facility, deed or thing which may as specified in any manner be violative of any this Agreement;
(q) upon the termination of the provisions Concession Period including extension thereof, transfer the Facility and Project Assets, excluding movable assets created by him, to the Concessioning Authority or its nominated agency, as the case may be, in accordance with the terms and conditions of this Agreement;
(hr) supportpromptly notify the Competent Authorities and hand over to them any archaeological finds, cooperate with treasures and facilitate the Authority in the implementation precious and operation of semi-precious minerals discovered at the Project in accordance with Site by the provisions of this Agreement;
(i) modify/demolish the existing structures on the Site at Concessionaire or its own cost employees, agents and consequences. The Concessionaire shall ensure that the demolition and construction of the existing structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded)Contractors;
(s) facility for parking adequate number of 4 wheelersprovide the Concessioning Authority, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management notarised true copies of the Project Financing Package, Financing Documents, as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne approved by the AuthorityLenders and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 4.1.1 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 survey, investigation, design, engineering, procurement, construction, operation and maintenance Construction of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 4.1.2 The Conditions Precedent required to be satisfied by the Concessionaire within a period of 180 (one hundred and eighty) days from the date of this Agreement 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 be deemed to the provisions of Clauses 5.1.1 and 5.1.2, have been fulfilled when 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 tohave:
(a) make, or cause to be made, necessary applications provided Performance Security to the relevant Government Instrumentalities with such particulars and details Authority 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 Lawsper clause 8.1.1;
(b) procure, as required, executed and procured execution of the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the ProjectEscrow Agreement;
(c) perform executed and fulfil its obligations under procured execution of the Financing AgreementsSubstitution Agreement;
(d) make reasonable efforts procured all the Applicable Permits specified in clause 1.1 of Schedule-E unconditionally or if subject to maintain harmony conditions, then all such conditions required to be fulfilled by the date specified therein shall have been satisfied in full and good industrial relations among the personnel employed by it or its Contractors such Applicable Permits are in connection with the performance of its obligations under this Agreementfull force and effect;
(e) make reasonable efforts delivered to facilitate the acquisition of land required for the purposes Authority 3 (three) true copies of the AgreementFinancial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders;
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex delivered to the Authority upon Termination {from the Consortium Members, their respective} confirmation of this Agreementthe correctness of the representations and warranties set forth in Sub-clauses (k), in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters Clause 6.1 of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(vg) bear delivered to the expenses Authority a legal opinion from the legal counsel of electricity the Concessionaire with respect to the authority of the Concessionaire to enter into this Agreement and water in the Bus Terminal during enforceability of the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.provisions thereof:
Appears in 1 contract
Samples: Concession Agreement
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 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 toAgreement:
(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 all 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, equipment’s, processes and systems used or incorporated into the Project;
(c) perform and fulfil its obligations under the Financing Agreements;
(d) obtain and procure the requisite statutory permissions from the competent authorities under the Applicable Laws in respect of the Project Site relating to any services required for the development, construction and to make the Project Site operational in all respects;
(e) demand and collect requisite Adda Fee from the Buses entering the Bus Terminal; Commercial Charges from the Users of Commercial Complex Area, Parking Fee and Advertisement fee;
(f) 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;
(fg) 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;
(gh) Intentionally Left Blank;
(i) Intentionally Left Blank;
(j) 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;
(hk) support, cooperate with and facilitate the Concessioning Authority in the implementation construction and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kl) transfer the Bus Terminal & Commercial Complex area alongwith all movable & immovable assets and the Commercial Complex source codes & database structures to the Concessioning Authority upon Termination of this AgreementAgreement or successful completion of the Concession Period, in accordance with the provisions thereof.
(lm) develop a centralized covered The Concessionaire shall be under an obligation that minimum average monthly commercial consideration or sub-licensing charges that may be collected from sub- licensee towards use of any commercial built-up area, within the Bus Terminal area and Commercial Complex, shall be Rs 10 (Ten ) per sq.ft. (including Goods & Service Tax, applicable from time to time) during the Concessionaire Period. The minimum average commercial consideration shall be for the Financial Year in which the project’s Appointed Date falls. After that the applicable minimum average monthly commercial consideration shall escalated at the rate of 15 (Fifteen) % after every three year during the Concession Period, over the previous year’s amount (i.e. on compounded basis). It is clarified that the relevant Project Agreement related to commercial built-up area /premises or sub-licensing document/contracts that may be executed by the Concessioniare with adequate number various sub-licensees pertaining to commercial built-up area or premises shall include this essential condition.
5.1.5 During the construction of proposed project, the existing bus bays along stand operations shall not be stopped and Concessioning Authority shall be operating the existing bus stand at its own level & costs. The Concessionaire shall be under an obligation to cooperate with RCC yard areathe Concessioning Authority for the smooth bus stand operations during the construction of project. Concessioning Authority and Concessionaire shall mutually decide a suitable location, passenger movement spaceswithin the Project Site, furniture fixturesfor shifting the existing bus stand shed/operations. It is clarified that Concessioning Authority, electrical fittingsat its own level & costs, utilities and other related requirements;
(m) {where will shift the existing bus stand shed to a suitable location within the project site. It is further clarified that the Adda Fee shall be collected & retained by Concessioning Authority during the construction of Bus Terminal Component and workshops/ depots are adjoiningConcessionaire shall collect the Adda Fee after achieving project COD, the development of workshops unit with necessary structural provisions specified in Article 27 and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications provision of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Concession Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the survey, investigation, design, engineering, procurement, construction, operation and maintenance of the Project and observe, fulfilfulfill, comply with and perform all its obligations set out in this Concession 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 Concession 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.. DRAFT
5.1.4 The Concessionaire shallshall in accordance with the Key Performance Indicators and Specifications and Standards, 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 toConcession Agreement:
(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 4.1.34.1.2), 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 processes, know-how and systems used or incorporated into the Project;
(c) perform and fulfil fulfill 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 Concession 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 ’s obligations under this Concession Agreement;
(f) provide assistance and support to Authority, as may be necessary and required for the provision of Reserved Services at the Project in accordance with the provisions of this Concession Agreement;
(g) not do or omit to do any act, deed or thing which may ensure that all facilities and amenities within the Project are maintained in any manner be violative of any accordance with Good Industry Practice and the Users have non- discriminatory access for use of the provisions of this Agreementsame;
(h) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Concession 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project to the Authority upon Termination of this Concession Agreement, in accordance with the provisions thereof.;
(j) undertake the complete Station operation as per relevant codes, manuals and station working rules of IR/ DFCCIL for the Stations under Sonnagar (New Chiraila Pauthu)- New Gomoh section shall be in the scope of Concessionaire. The Concessionaire’s controller shall operate from the DFCCIL’s operation control centre, Prayagraj for section control in coordination with IR/DFCCIL. The Station operations and operations from DFCCIL’s operation control centre, Prayagraj by the Concessionaire shall be such that the Project meets the Key Performance Indicators set forth in Schedule-H on a continuous basis; DRAFT
(k) design and construction of additional opening or extension of existing ROBs, etc. including regrading of approach roads if required;
(l) develop a centralized covered Bus Terminal with adequate number design and construction of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirementsirrigation openings in detour section if required by the local authorities;
(m) {where Bus Terminal and workshops/ depots are adjoining, the facilitate development of workshops unit connectivity to new industries, logistics parks etc. along side the Project which would enable marketing for additional traffic, and in this regard, inter alia encourage, promote and support the provision of rail freight terminals and freight logistics centers to increase traffic on the Project with necessary structural provisions and RCC yardprior written consent of Authority, furniture fixtures, electrical fittings with minimum 6 meters provided that the cost towards connectivity shall be borne by Authority or beneficiary entity as per the extant policy of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1MoR/Authority;
(n) construct comply with the guidelines, determinations of tariffs, charges and maintain public amenities like ablution units etc.directions of tariff regulatory authority, if created;
(o) all always act in a manner consistent with the passenger amenitiesprovisions of this Concession Agreement and not cause or fail to do any act, Workshop facilities as well as UPSRTC staff facilities shall deed or thing, whether intentionally or otherwise, which may in any manner be maintained hygienic, neat and clean during violating of any of the concession periodprovisions of this Concession Agreement;
(p) accesses either through staircases, overbridges or underpasses ensure to comply with the safety and welfare measures for movement of pedestrians from one platform to the other labour in a safe accordance with Applicable Laws and fully secured mannerGood Industry Practice;
(q) Concessionaire shall, in conformity with the guidelines issued from time to time by the Ministry of Social Justice and Empowerment, GoI, or a dedicated office for UPSRTC staff with substitute thereof, procure a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and barrier free of cost environment for the entire concession period on ground physically or visually challenged and first floors only of for elderly persons using the Bus TerminalProject;
(r) all ensure related environment provisions during construction as mentioned in the facilities for plumbingSafety, internal electrification Health and all the Environment (SHE) Manual of DFCCIL and of other allied works to render the office functional (partitions excluded)statutory bodies, as applicable;
(s) facility compliance with the stipulations /conditions specified in any and all Applicable Permits obtained in respect of the Scope of the Project, including, without limitation, any stipulations made by MoEF & CC while granting stage-I and stage-II clearances for parking adequate number diversion of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and forest land for the Commercial Complex shall be segregated. Project (Refer prevailing Government and, as applicable the conditions set forth therein for operation of Housing the Trains at a maximum permissible speed of 100 (one hundred) kilometers per hour in forest and Urban Planning department circulars/ G.O’swildlife areas); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal;
(t) all facilitate Authority to deploy, operate and maintain the other allied facilities latest technologies like online monitoring system for fire protectionrolling stock like hot axle box hot wheel detector system, accesses in acoustic bearing detector, wheel impact load detector, machine vision inspection system, weigh bridges etc. at suitable locations as identified by the form of ramps, protective railings, ventilation system etc.Authority;
(u) day to day operation and management disconnection of the Project as per this Agreementtemporary connection with Zonal Railway yard made for development of temporary loading/ unloading yard, if any; andDRAFT
(v) bear the expenses ensure safety of electricity adjacent Zonal Railway track during Construction Period and water Operation & Maintenance Period;
(w) comply Make in the Bus Terminal during the Concession Period of Bus Terminal, except electricity India policy and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne its amendments issued by the AuthorityGovernment of India from time to time.
(x) ensure appointment of O&M Contractor if required as per provisions of this Concession Agreement or to comply with O&M experience as per provisions of RFP, no later than the date which is 365 (three hundred and sixty five) days prior to the Scheduled Completion Date.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject The Concessionaire, in addition and without prejudice to and on its rights specified in the terms and conditions other provisions of this Agreement, shall, during the Concession Period, including extension thereof, without qualification, observe and comply with the following obligations:
(a) take over possession of the Project Site from the ADA, provided, however, it has furnished the Construction Phase Performance Security in accordance with the provision of Article 4 above;
(b) make or cause to be made the necessary applications to the relevant Statutory Authority for all Applicable Approvals and supply the appropriate particulars and details to such Statutory Authority as may be necessary confirming that the Concessionaire shallfulfils the eligibility criteria or the conditions, as the case may be, to enable the concerned Statutory Authority to consider the request for the grant of the relevant Applicable Approval and, following the grant of any such Applicable Approval, maintain such Applicable Approval in full force and effect so long as it is necessary in order for the Concessionaire to perform its obligations hereunder;
(c) design, finance, build or construct the Structural System for the LED Façade itself or appoint construction Contractor(s) and enter into construction agreement(s). The Concessionaire shall build and construct a structure as per the Drawings submitted by the Concessionaire and approved by ADA;
(d) not assign, transfer or create any lien or Encumbrance on the Project Site or any part thereof, nor transfer, lease or part possession thereof, during the Concession Period;
(e) levy and charge the Advertisment Fees as determined by the Fee Approval Committee or Alternate Instrumentality and follow the procedure specified in sub-clause 14.2 to this Concession Agreement;
(f) undertake and discharge successfully all the liabilities relating to salaries and operational expenses of the LED Facade ;
(g) appoint the Staff & Faculty in accordance with the norms prevailing in the sector and as per the Applicable Laws, if any;
(h) report to the ADA during the Construction Phase and Operations Phase as detailed in Article 13 such reports as detailed in clause 13.2 and 13.3, respectively of this Concession Agreement . Such reports should provide the information as is reasonably required to keep the ADA properly informed of material matters relating to the construction, finance, operation and management of the LED Facade.
(i) achieve Construction Completion of LED Facade not later than 3 months from the Effective Date provided that the Concessionaire shall not be in breach of this sub-clause , if any non-fulfillment or delay in fulfillment of its obligations herein are caused by (i) the occurrence of an event of Force Majeure in accordance with Article 18 hereof or (ii) ADA Event of Default;
(j) commence advertisement display on the LED Facade not later than the 1 (one) year from the Effective Date . However, if the Concessionaire desires, he may start the classes before aforesaid period by obtaining a Provisional Permission and the requisite Applicable Approvals;
(k) make adequate standby and backup arrangements for meeting the power requirements for the operation and maintenance of the Project;
(l) Ensure public safety while undertaking works;
(m) Make timely payment of the annual Concession Fee of an amount of Rs. [.] per annum to the ADA on or before 15th day of April every year;
(n) not to transfer or dispose off or otherwise alienate any of the Assets, if any, of the Led Facade without the prior written approval of the ADA. Also, not to transfer or dispose off or otherwise alienate any of assets acquired or developed for the Led Facade by the Concessionaire from the funds generated through the functioning of the Led Facade;
(o) maintain the assets, buildings and infrastructure of the MLCP building in accordance with the norms prescribed by the Statutory Authority and Good Industry Practices with the objective of providing adequate service standards to the Clients;
(p) hand over to ADA at the end of the Concession Period the Led Facade along with the Project Site and any other Assets if created by the Concessionaire on the premises of the MLCP Building, at its own cost zero value in fair condition, subject to normal wear and expensetear, procure finance for and undertake without any Encumbrance or liability of any sort created on the design, engineering, procurement, same by the Concessionaire;
(q) allow representatives of ADA reasonable access to the premises of the MLCP Building but so as not to interfere unreasonably in the 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.LED Facade;
5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as requiredr) in the performance of its obligations under this Agreement.
5.1.3 Subject subject to the provisions of Clauses 5.1.1 Article 18 i.e. Force Majeure, not abandon the Project;
(s) provide a security and 5.1.2watch and xxxx service at the MLCP building to maintain the safety and security of the life and property and make provision and arrangement for first aid and prompt medical attention in cases of accidents and emergencies;
(t) maintain the requisite insurance on the Project, as specified in this Concession Agreement and/or by ADA from time to time and provide copies of the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
5.1.4 The Concessionaire same to the ADA. In case ADA finds that the Project is not being adequately insured by the Concessionaire, then it shall, at its own cost discretion, procure the same and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement carry out receive the following but not be limited to:
(a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with costs associated for taking 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap insurance from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination Concessionaire within days of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number raising of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.such invoice;
(u) day to day operation and management upon the termination of the Concession Period hand over the Institutes along with Project as per this Agreement; andSite and Assets to ADA at zero value;
(v) bear maintain aesthetic quality of the expenses installation and the content;
(w) carry Digital display other then advertisement display with the prior approval of electricity the ADA;
(x) As a good industry practice, shall monitor noise/decibel levels of the sound sysem to be installed for occasional use;
(y) in case of foreign collaboration as contractors or subcontractors, grant of regulatory permits and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which approvals shall be borne by taken.
(z) Shall pay the Authorityrequire taxes i.e. advertisement tax to MCA as per the norms etc.
Appears in 1 contract
Samples: Concession Agreement
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 XXX Ropeway 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectXXX Ropeway;
(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 ’s obligations under this Agreement;
(gf) 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;
(g) procure that all facilities and amenities within the XXX Ropeway are operated and maintained in accordance with Good Industry Practice and the Users have non- discriminatory access for use of the same (h) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex XXX Ropeway to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Model Concession Agreement
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.
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 toAgreement:
(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)Permits, 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 into the Project; systems used or incorporated into the Projectincorporated;
(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 procure and comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's ’s obligations under this Agreement;
(gf) 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;
(hg) (only in the event early termination) support, cooperate with and facilitate the Authority Maha-Metro in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kh) transfer the Bus Terminal and the Commercial Complex Project/ Project Facilities to the Authority Maha-Metro upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 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 toAgreement:
(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 all 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, equipment’s, processes and systems used or incorporated into the Project;
(c) perform and fulfil its obligations under the Financing Agreements;
(d) obtain and procure the requisite statutory permissions from the competent authorities under the Applicable Laws in respect of the Project Site relating to any services required for the development, construction and to make the Project Site operational in all respects;
(e) demand and collect requisite Adda Fee from the Buses entering the Bus Terminal;; Commercial Charges from the Users of Commercial Complex Area, Parking Fee and Advertisement fee;
(f) 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;
(fg) 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;
(gh) Left Blank;
(i) Left Blank;
(j) 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;
(hk) support, cooperate with and facilitate the Concessioning Authority in the implementation construction and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(kl) transfer the Bus Terminal & Commercial Complex area along with all movable & immovable assets and the Commercial Complex source codes & database structures free from all encumbrances to the Concessioning Authority upon Termination of this AgreementAgreement or successful completion of the Concession Period, in accordance with the provisions thereof.
(lm) develop a centralized covered Bus Terminal with adequate number The Concessionaire shall be under an obligation that minimum average monthly commercial consideration or sub-licensing charges that may be collected from sub-licensee towards use of bus bays along with RCC yard any commercial built-up area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in within the Bus Terminal area and Commercial Complex, shall be Rs 15 (fifteen) per sq. ft. during the Concessionaire Period. The minimum average commercial consideration shall be for the Financial Year in which the project’s Appointed Date falls. After that the applicable minimum average monthly commercial consideration shall be escalated at the rate of 15 fifteen) % after every three year during the Concession Period of Bus TerminalPeriod, except electricity and water charges for Authorityover the previous year’s office, workshop, drivers amount (i.e. on compounded basis). It is clarified that the relevant Project Agreement related to commercial built-up area /premises or staff dormitory and electric bus charging which shall sub-licensing document that may be borne executed by the AuthorityConcessioniare with various sub-licensees pertaining to commercial built-up area or premises shall include this essential condition.
Appears in 1 contract
Samples: Concession Agreement
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 Highway 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectProject Highway;
(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 ’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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex Project Highway to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(lj) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct provide and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe Development Period and Construction Period air conditioned and fully secured manner;
(q) furnished site office of not less than 300 sq.m built up area at a dedicated office suitable location as indicated by TNRDC, for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etcuse by TNRDC.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject Without prejudice to the generality of Article 6.3 and on the terms and conditions in addition to any of its other obligations under this Agreement, during the Construction Phase, the Concessionaire shall:
(a) arrange for, at its own cost in a timely manner all necessary financial and expense, procure finance other resources required for construction and undertake the design, engineering, procurement, construction, operation and maintenance installation of the Project Facilities and observeServices.
(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, fulfilwithout 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 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) and give priority to safety in the performance of its obligations under this Agreement.
5.1.3 Subject construction and planning activities in order to the provisions of Clauses 5.1.1 protect life, health, property 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 Agreementenvironment;
(e) make reasonable efforts provide to facilitate the acquisition of land required for the purposes 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) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in provide monthly reports on the performance progress of Construction Works or such other relevant information as may be required by them of any of the Concessionaire's obligations under this AgreementIndependent Engineer;
(g) not do promptly carry out at its cost such further works as may be necessary to remove any defects or omit to do any act, deed or thing which may in any manner be violative deficiencies observed by the Independent Engineer and ensure timely completion of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Authority in the implementation and operation construction of the Project / the Project Facilities and Services in all respects 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(vh) bear to ensure safe and timely construction and completion of the expenses Project/Project Facilities and Services, the Concessionaire may, at its cost, interrupt and divert/create barriers on the flow of electricity water or on the road or port traffic, adjacent to the Project Site if such interruption and water in diversion is imperative for the Bus Terminal during the Concession Period efficient progress of Bus Terminal, except electricity Construction Works and water charges for Authority’s office, workshop, drivers or staff dormitory conforms to Good Industry Practice; provided that such interruption and electric bus charging which diversion shall be borne undertaken by the AuthorityConcessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of Construction Works and shall remove the interruption or diversion within the period specified by the Independent Engineer.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Obligations of the Concessionaire 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{ Tolling Obligations from Appointed Date, engineeringand O&M obligations (in terms hereof) from ……{Date}….….. (km ………….. to km ), procurement, construction, ………….{Date}…….. (km …………. to km ) (“O&M Handover Date” 3) in respect of the} operation and maintenance of the Project Highway and observe, fulfilfulfill, 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 Practice, Applicable Laws and Applicable Permits, and as a reasonable and prudent person.
5.1.4 . The Concessionaire shall, 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) Agreement: 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)Permits, 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, licenceslicenses, 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) Project Highway; make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it the Concessionaire or its Contractors in connection with the performance of its the Concessionaire’s obligations under this Agreement;
(e) make ; provide reasonable efforts support and assistance to facilitate the acquisition of land required and/ or Capacity Augmentation if undertaken by Authority for the purposes of and in terms 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 ’s obligations under this Agreement;
; Stretch State Start (gKm) End (Km) Leng th O&M (km) Handover Date Six – Lane Chennai Outer Ring Road (Phase I) i.e. Vandalur to Nemilichery Tamil Nadu 0.00 29.65 29.65 16/12 /2030 Six – Lane Chennai Outer Ring Road (Phase II) i.e. Nemilichery to Minjur Tamil Nadu 29.65 60.15 30.50 28/10 /2034 Toll Plaza Area and its appurtenances Tamil Nadu Varadharajapuram, Kollapancheri, Palavedu, Chinnamullaivoyal All the components Appointe of Toll date Plaza 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) ; undertake the O&M obligations in terms of Clause 15.1, and support, cooperate with and facilitate the Authority in the implementation monitoring of operation and operation maintenance of the Project Highway 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex ; furnish to the Authority in each year of the Concession Period, and every 3 ( three) months prior to expiry of annual Performance Security, rolled over and renewed Performance Security (escalated at Price Index from last value), subject to and in accordance with terms hereof; without prejudice to the requirement under clause 5.2 below, ensure and procure that through the Concession Period, the O&M Contractor engaged by the Concessionaire from time to time or at any time, if any, shall fulfill the threshold technical eligibility criteria prescribed for the same under the relevant RFP; to the complete satisfaction of the Authority, and in the event Concessionaire fails to comply with the same at any time during term hereof, the same shall be deemed as Concessionaire’s Default which shall make the Agreement liable for termination; transfer the possession of Project Highway to the Authority in good operational condition as per Good Industry Practice, upon Termination of this Agreement, in accordance with the provisions thereof.
; and pay the applicable Stamp Duty and registration fees with respect to execution of this Agreement. Obligations relating to Project Agreements It is expressly agreed that the Concessionaire shall at all times be responsible and liable for all its obligations under this Agreement notwithstanding anything contained in the Project Agreements or any other agreement and no default under any Project Agreement or agreement shall excuse the Concessionaire from its obligations or liability hereunder. The Concessionaire shall submit to the Authority the drafts of all Project Agreements, or any amendments or replacements thereto, for its review and comments, and the Authority shall have the right but not the obligation to undertake such review and provide its comments, if any, to the Concessionaire within 15 (lfifteen) develop a centralized covered Bus Terminal with adequate number days of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
the receipt of such drafts. Within 7 (mseven) {where Bus Terminal and workshops/ depots are adjoiningdays of execution of any Project Agreement or amendment thereto, the development Concessionaire shall submit to the Authority a true copy thereof, duly attested by a Director of workshops unit the Concessionaire, for its record. For the avoidance of doubt, it is agreed that the review and comments hereunder shall be limited to ensuring compliance with necessary structural provisions the terms of this Agreement. It is further agreed that no review and/or observation of the Authority and/or its failure to review and/or convey its observations on any document shall relieve the Concessionaire of its obligations and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, liabilities under this Agreement in any manner nor shall the Authority shall take separate electricity connection be liable for the workshop area and shall pay for the electricity usage same in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area usersany manner whatsoever. The parking facility for Bus Terminal and for the Commercial Complex Concessionaire shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management procure that each of the Project as per Agreements contains provisions that entitle the Authority to step into such agreement, in its sole discretion, in substitution of the Concessionaire in the event of Termination or Suspension (the “Covenant”). For the avoidance of doubt, it is expressly agreed that in the event the Authority does not exercise such rights of substitution within a period not exceeding 90 (ninety) days from the Transfer Date, the Project Agreements shall be deemed to cease to be in force and effect on the Transfer Date without any liability whatsoever on the Authority and the Covenant shall expressly provide for such eventuality. The Concessionaire expressly agrees to include the Covenant in all its Project Agreements and undertakes that it shall, in respect of each of the Project Agreements, procure and deliver to the Authority an acknowledgment and undertaking, in a form acceptable to the Authority, from the counter party(ies) of each of the Project Agreements, whereunder such counter party(ies) shall acknowledge and accept the Covenant and undertake to be bound by the same and not to seek any relief or remedy whatsoever from the Authority in the event of Termination or Suspension. Notwithstanding anything to the contrary contained in this Agreement; and
(v, the Concessionaire agrees and acknowledges that selection or replacement of an O&M Contractor, if any, and execution of the O&M Contract shall be subject to the prior approval of the Authority from national security and public interest perspective, the decision of the Authority in this behalf being final, conclusive and binding on the Concessionaire, and undertakes that it shall not give effect to any such selection or contract without prior approval of the Authority. For the avoidance of doubt, it is expressly agreed that approval of the Authority hereunder shall be limited to national security and public interest perspective, and the Authority shall endeavour to convey its decision thereon expeditiously. It is also agreed that the Authority shall not be liable in any manner on account of grant or otherwise of such approval and that such approval or denial thereof shall not in any manner absolve the Concessionaire or its Contractors from any liability or obligation under this Agreement. Obligations relating to Change in Ownership The Concessionaire shall not undertake or permit any Change in Ownership, except with the prior approval of the Authority. For the avoidance of doubt, it is expressly agreed that the obligation under this Clause 5.3.1 and the representation in Clause 7.1(k) bear shall apply to the expenses of electricity and water Concessionaire’s company in the Bus Terminal event the aggregate shareholding of the Selected Bidder together with {its/their} Associates, in the issued and paid-up equity share capital of the Concessionaire declines below 51% (fifty one percent) thereof during the first 2 (two) years of the Concession Period Period; Notwithstanding anything to the contrary contained in this Agreement, the Concessionaire agrees and acknowledges that: all acquisitions of Bus Terminalequity by an acquirer, except electricity either by himself or with any person acting in concert, directly or indirectly, including by transfer of the direct or indirect legal or beneficial ownership or control of any equity, in aggregate of not less than 25% (twenty-five per cent) of the total equity of the Concessionaire, or acquisition of any control directly or indirectly of the Board of Directors of the Concessionaire by any person either by himself or together with any person or persons acting in concert with him, shall constitute a Change in Ownership requiring prior approval of the Authority from national security and water charges for public interest perspective, the decision of the Authority in this behalf being final, conclusive and binding on the Concessionaire, and undertakes that it shall not give effect to any such acquisition of equity or control of the Board of Directors of the Concessionaire without such prior approval of the Authority’s office. For the avoidance of doubt, workshop, drivers or staff dormitory and electric bus charging which it is expressly agreed that approval of the Authority hereunder shall be borne limited to national security and public interest perspective, and the Authority shall endeavour to convey its decision within a period of 60 (sixty) days from the date of receipt of such request. It is also agreed that the Authority shall not be liable in any manner on account of grant or otherwise of such approval and that such approval or denial thereof shall not in any manner absolve the Concessionaire from any liability or obligation under this Agreement. For the avoidance of doubt, it is expressly agreed that merger of the Concessionaire with its parent company and/or the Selected Bidder and/or any of the constituents thereof shall also constitute Change in Ownership. For the purposes of this Clause 5.3.2: the expression “acquirer”, “control” and “person acting in concert” shall have the meaning ascribed thereto in the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeover) Regulations, 2011 or any statutory re-enactment thereof as in force as on the date of acquisition of equity, or the control of the Board of Directors, as the case may be, of the Concessionaire; the indirect transfer or control of legal or beneficial ownership of equity shall mean transfer of the direct or indirect beneficial ownership or control of any company or companies whether in India or abroad which results in the acquirer acquiring control over the shares or voting rights of shares of the Concessionaire; and power to appoint, whether by contract or by virtue of control or acquisition of shares of any company holding directly or through one or more companies (whether situate in India or abroad) the Authorityequity of the Concessionaire, not less than half of the directors on the Board of Directors of the Concessionaire or of any company, directly or indirectly whether situate in India or abroad, having ultimate control of not less than 25% (twenty five percent) of the equity of the Concessionaire shall constitute acquisition of control directly or indirectly of the Board of Directors of the Concessionaire.
Appears in 1 contract
Samples: Concession Agreement
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 Healthcare Network 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 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectHealthcareNetwork;
(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 Concessionaire‟s obligations under this Agreement;
(gf) 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;
(g) procure that all facilities and amenities within the Healthcare Network are operated and maintained in accordance with Good Industry Practice and the Patients have non-discriminatory access for use of the same under and in accordance with this Agreement;
(h) ensure that Patients are treated with due courtesy and consideration and provided with ready access to services and information;
(i) 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;; and
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex HealthcareNetwork to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 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, & transfer of the Multi Level Car Parking and design, engineering, procurement, construction, operation and maintenance of the Project Commercial Complex at Kanglapat in Imphal and observe, fulfilfulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 5.1.2. Pay the quoted “one-time upfront lease premium” subject to a minimum of Rs 23.51 Cr (Rupees twenty three crore and fifty one lakh only) plus handing over of MLCP in line with the terms and condition of the RFP & Concession Agreement.
5.1.3. The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including Permits(including renewals as required) in the performance of its obligations under this Concession Agreement.
5.1.3 5.1.4. Subject to the provisions of Clauses 5.1.1 and 5.1.2, the Concessionaire shall discharge its dischargeits obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
5.1.4 5.1.5. 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 toAgreement:
(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 4.1.34.1.2), 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, licenceslicenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the ProjectProject Multi Level Car Parking and Commercial Complex;
(c) perform its payment obligations to the Authority (as set forth in Article 25) such as , annual concession fees , project development fees and fulfil premium
d) perform and fulfill its obligations under the Financing Agreements;
(de) 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;
(ef) make reasonable efforts to facilitate Make adequate standby/backup arrangements for meeting the acquisition of land required power requirements for the purposes operation and maintenance of the Agreement;project and emergency situations during periods of power
(fg) always act in a manner consistent with the provisions of this Agreement and not cause or fail to do any act, deed, or thing, whether intentionally or otherwise, which may in any manner bi violative of any of the provisions of this agreement.
h) ensure and procure that its Contractors comply with all Applicable Permits and and
i) Applicable Laws in the performance by them of any of the Concessionaire's ’s obligations under this Agreement;
(g; j) 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; k) 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the 10.1. The Concessionaire shall, shall at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project and expense observe, fulfilundertake, 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 expenseperform, in addition to and not in derogation of its obligations elsewhere set out setout in this Agreement carry out Agreement, the following but not be limited tofollowing:
(a) makeProvide Monthly Premium to the Authority in accordance with this Agreement;
b) Submit to the Authority certified true copies of each of the Project Agreements within 7(seven) days of their execution, for Authority’s approval;
c) Not make any replacement, amendment or cause modifications to be any of the Project Agreements without the prior written consent of the Authority, where such replacement, amendment or modification has or may have the effect of increasing or imposing any financial liability or obligation on the Authority in any manner, and where such amendment or modification is made without such consent, not to enforce such amendment or modification nor permit enforcement thereof against the Authority in any manner whatsoever;
d) Give Authority not less than 30 (thirty) days written notice prior to entering into, amending or replacing any Project Agreement so as to enable the Authority to provide its consent or offer its comments, if any thereon which, if made, necessary applications shall be duly considered and given effect to by the Concessionaire before entering into, amending or replacing such Project Agreement;
e) Adhere to the relevant Government Instrumentalities with such particulars Minimum Maintenance Requirement as stipulated at Schedule M;
f) Remove promptly from the Project Site all surplus construction machinery and details as may be required for obtaining Applicable Permits materials, waste materials (other than those set forth in Clause 4.1.3including, without limitation, hazardous materials and waste water), rubbish and obtain other debris (including, without limitation, accident debris) and shall keep the Project Site in force a neat and effect such Applicable Permits clean condition and in conformity with the Applicable LawsLaws and Applicable Permits;
(bg) procureProcure, as required, the appropriate proprietary rights, licenceslicenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project;
(ch) perform Shall obtain the necessary permissions and fulfil its obligations under authorizations from the Financing Agreementsrelevant Government Agencies, as may be applicable and necessary for display of advertisements. The Concessionaire shall pay the statutory levies, taxes and duties connected with and/or arising out of display of advertisements including Advertisement Tax;
(di) make Shall ensure that the creative / advertising material content and form complies with the prevailing norms, codes and other statutory requirements as may be applicable from time to time. The Concessionaire shall screen the contents of the advertisements to be displayed and ensure that they are not indecent / obscene or otherwise offensive to good taste or against public sentiments or in contravention of the Applicable Laws;
j) The unutilized / unoccupied advertisement space shall carry social messages or any other use as approved by the Authority;
k) All She Loungeshall be lighted during night;
l) Ensure uninturupted supply of the Treated Water and electricity at Project Site;
m) Provide all assistance to the Authority as it may require for the performance of its duties and services;
n) Provide to the Authorityreports on a monthly basis during the Concession Period in the form and manner set forth in this Agreement and Schedule J;
o) Obtain and maintain in force on and from the Effective Date all insurance in accordance with the provisions of this Agreement, and Good Industry Practice;
p) Ensure that no water logging within Service Area;
q) Ensure and procure that each Project Agreement contains provisions that entitle Authority to step into such Project Agreement in its discretion in place and substitution of the Concessionaire in the event of Termination of this Agreement on account of Concessionaire Event of Default or breach by the Concessionaire;
r) Appoint, supervise, monitor and control the activities of Contractors under their respective Project Agreements as may be necessary;
s) Make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of Concessionaire’s obligations under this Agreement;
t) Comply with all Applicable Permits and Applicable Laws in the performance of the Concessionaire’s obligations under this Agreement including those being performed by it any of the Contractors;
u) Develop, implement and administer a safety programme for the Service Area and the Contractors’ personnel engaged in provision of any services under any of the Project Agreements including correction of safety violations and deficiencies, and taking of all other actions necessary to provide a safe environment in accordance with Applicable Laws and Good Industry Practice;
v) Take all reasonable precautions for prevention of accidents on or its Contractors about the Service Area and provide all reasonable assistance and emergency medical aid to accident victims;
w) Not place or create or permit any Contractor or other person claiming through or under the Concessionaire to create or place any Encumbrance or security interest over all or any part of Project Site or the Project Assets, or on any rights of the Concessionaire therein or under this Agreement, save and except as expressly set forth in this Agreement;
x) Observe and fulfill the environment and other requirements under the Applicable Laws and Applicable Permits at Concessionaire’s own cost and expense;
y) Be responsible for safety, soundness and durability of the Project Assets under Service Area, including other structures forming part thereof;
z) Be responsible for safety, soundness and durability of the water supply, sewerage, drainage, electricity, telephone lines, etc. at the Service Area or at vicinity of the Service Area during the Concession Period;
aa) Not claim or demand possession or control of any structures or real estate which do not form part of the Project;
bb) Ensure that such Project Site remains free from all encroachments and take all steps necessary to remove encroachments, if any, upon receiving vacant possession of the Project Site or part thereof;
cc) Indemnify Authority against all actions, suits, claims, demands and proceedings and any loss or damage or cost or expense that may be suffered by them on account of anything done or omitted to be done by the Concessionaire in connection with the performance of its obligations under this Agreement;; and dd) Comply with the Divestment Requirements and hand over the Project to the Authority on the Expiry Date.
(e) make reasonable efforts 10.2. Subject to facilitate the acquisition of land required for the purposes of the Agreement;
(f) ensure terms 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 conditions of this Agreement;Agreement the Concessionaire shall at its cost and expenses:
(ha) supportUndertake the design, cooperate with engineering, procurement, and facilitate the Authority in the implementation and operation construction of the Project in accordance with the provisions of this Agreement;
b) Construct, operate and maintain the Projectin conformity with this Agreement, confirming the Service Requirements set forth in Schedule H and Good Industry Practice;
c) Operate and maintain the Project in Service Area during the Operations Period in conformity with this Agreement including but not limited to the Service Requirements set forth in Schedule H and Good Industry Practice.
10.3. The Concessionaire shall, before commencement of construction of the Project in the Service Area:
a) Submit to the Authority, with due regard to Project Completion Schedule as set forth in Schedule F and Scheduled Project Completion Date, a Concessionaire’s DPR comprising of its design, engineering and construction time schedule and shall formulate and provide critical path method (iCPM) modify/demolish or program evaluation and review technique (PERT) charts for the existing structures completion of the said activities;
b) Finalize the design and detailed engineering basis as part of the Concessionaire’s DPR. Concessionaire shall be free to adopt his own design in consultation with the Authority and in accordance with the provisions of Clause 10.4 of this Agreement. However, it would not be considered as Change in Scope as specified in Article 16;
c) Have requisite organization in place and designate and appoint Key Personnel and such other managers, officers and representatives as it may deem appropriate to supervise the Project and to deal with the Authority and be responsible for all necessary exchanges of information required pursuant to this Agreement; and
d) Undertake, do and perform such acts, deeds and things as may be necessary or required for construction under and in accordance with this Agreement.
10.4. Obligations with respect to the Concessionaire’s DPR of the Project, the following shall apply:
a) The Concessionaire shall prepare and submit with reasonable promptness within 45(forty five) days from the Appointed Date and in such sequence as is consistentwith the Project Completion Schedule, three copies of the Concessionaire’s DPR to the Authority for review and comments;
b) By forwarding the Concessionaire’s DPR for review and comment to the Authority, the Concessionaire represents that it has determined and verified that the design and engineering and quality set forth in this Agreement for and in respect of the Project;
c) Within 15 (fifteen) days of the receipt of the Concessionaire’s DPR, the Authorityshall review the same and convey its comments or observations to the Concessionaire. It is expressly agreed that notwithstanding any review and comment or observations of the Authority on the Site at Concessionaire’s DPR or failure of the Authority to provide comments or observations thereon, the Authority shall not be liable for the same in any manner whatsoever and the Concessionaire shall remain solely responsible for and shall not be relieved or absolved in any manner whatsoever of its own cost obligations, duties and consequencesliabilities as set forth in this Agreement. The Concessionaire shall ensure not be obliged to await the comments or observations of the Authority on the Concessionaire’s DPR submitted pursuant hereto beyond the period set forth herein above.
d) If the comments or observations of the Authority indicate that the demolition Concessionaire’s DPR is not in conformity with the requirements set forth in this Agreement, such Concessionaire’s DPR shall be revised by the Concessionaire to the extent necessary and construction resubmitted to the Authority for review, observations and comments within 7 (seven) days of receipt of such comments from either Authority or Authority. The Authority shall give its observations and comments, if any, within 7 (seven) days of receipt of such revised Concessionaire’s DPR provided, however, that any observations and comments of the existing structures is also in compliance with Authority or failure of the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority Authority to give any observations or any regulatory authority (ASI, TTZ, NGT etccomments on such revised Concessionaire’s DPR shall not relieve or absolve the Concessionaire of its obligation. The Concessionaire shall not be obliged to await the comments or observations of the Authority on the Concessionaire’s DPR submitted pursuant hereto beyond the period set forth herein above.). XXX policy of GoI and GoUP shall be admissible as and where applicable.
e) The Concessionaire shall be responsible for safe delays in Project Completion Schedule caused by reasons of Concessionaire’s DPR not being in conformity with the Authority’s requirements, and hassle-free disposal the DevelopmentPeriod shall not be extended in any manner whatsoever on account of submission or revision of the scrap from Concessionaire’s DPR.
f) The Concessionaire’s DPRshall also includemonthly milestones (the Site;“Monthly Milestones”) of the Construction Works.
g) Within 30 (jthirty) (deleted)
(k) transfer days of the Bus Terminal and COD for Project, the Commercial Complex to Concessionaire shall furnish the Authority upon Termination of this Agreementwith “as built” drawings reflecting the Project, in accordance with under Service Area for She Loungeas actually designed, engineered and constructed, including without limitation an “as built” survey illustrating the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management layout of the Project Facilities.
10.5. The Concessionaire shall submit to the Authoritythe drafts of the Project Agreements including in particular the O&M Contract for its review. The Authorityshall have the right but not the obligation to provide its comments and observations, if any, in respect of the Project Agreements within 15 (fifteen) days of the receipt thereof by the Authority and the Concessionaire shall consider all such comments or observations. Any such comments or observations by the Authority on any Project Agreements or the failure to provide such comments shall not relieve or absolve in any manner whatsoever the Concessionaire of its obligations, duties and liabilities under this Agreement nor shall it make the Authority and/or Authority liable to the Concessionaire in any manner whatsoever and shall be without prejudice to the rights of the Authority hereunder.
10.6. During the Concession Period, the Concessionaire shall be responsible for maintaining the She Loungeat its own cost and expense. During this period, the Concessionaire shall be responsible for providing expected services to the Users. The Concessionaire shall promptly undertake all such repairs and maintenance works as per this Agreement; and
(v) bear may be necessary to adhere to the expenses of electricity and water in the Bus Terminal Service Requirements during the Concession Period of Bus TerminalPeriod.
10.7. The Concessionaire shall, except electricity and water charges for Authority’s officeat all times, workshop, drivers or staff dormitory and electric bus charging which shall be borne by afford access to the Project Site to the Authority, Authority and to the persons duly authorized by any Government Agency having jurisdiction over the Project, including those concerned with safety, security or environmental protection to inspect the Project Facilities and to investigate any matter within their authority and upon reasonable notice, the Concessionaire shall provide to such persons reasonable assistance necessary to carry out their respective duties and functions with minimum disruption to the construction, operation and maintenance of the Project Facilities consistent with the purpose for which such persons have gained such access to the Project Site.
Appears in 1 contract
Samples: Concession Agreement
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 XXX Ropeway 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectXXX Ropeway;
(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 ’s obligations under this Agreement;
(gf) 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;
(g) procure that all facilities and amenities within the XXX Ropeway are operated and maintained in accordance with Good Industry Practice and the Users have nondiscriminatory access for use of the same (h) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex XXX Ropeway to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject Without prejudice to the generality of Article 6.3 and on the terms and conditions in addition to any of its other obligations under this Agreement, during the Construction Phase, the Concessionaire shall:
a) arrange for, at its own cost in a timely manner all necessary financial and expense, procure finance other resources required for construction and undertake the design, engineering, procurement, construction, operation and maintenance installation of the Project Facilities and observeServices.
b) engage professionally competent Persons for project management and construction and ensure that all works are carried out in compliance with the Construction Standards; 21 This provision would need to be modified in case the Project is being developed phase wise or the Project is a xxxxxxxxxx project where existing facilities which have been handed over are required to be operated during the Construction Phase.
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, fulfilwithout 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 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 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,
(including renewals as requiredi) in amount to any consent or approval by the performance Concessioning Authority nor shall the same be deemed to be waiver of its obligations any of the rights of the Concessioning Authority under this Agreement.
5.1.3 Subject to the provisions of Clauses 5.1.1 ; and 5.1.2, (ii) release or discharge the Concessionaire shall discharge from 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 or liabilities under this Agreement carry out in respect of such work;
f) provide monthly reports on the following but not be limited to:
(a) make, progress of Construction Works or cause to be made, necessary applications to the such other relevant Government Instrumentalities with such particulars and details information 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 by the Applicable LawsIndependent Engineer;
(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 promptly carry out at its cost such further works as may be necessary to remove any defects or omit to do any act, deed or thing which may in any manner be violative deficiencies observed by the Independent Engineer and ensure timely completion of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Authority in the implementation and operation construction of the Project / the Project Facilities and Services in all respects in accordance with the provisions of this Agreement;; and
(ih) modifyto ensure safe and timely construction and completion of the Project/demolish Project Facilities and Services, the existing structures Concessionaire may, at its cost, interrupt and divert/create barriers on the flow of water or on the road or port traffic, adjacent to the Project Site at its own cost if such interruption and consequencesdiversion is imperative for the efficient progress of Construction Works and conforms to Good Industry Practice; provided that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. The For the avoidance of doubt, it is agreed that the Concessionaire shall ensure that the demolition and construction of the existing structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall at all times be responsible for ensuring safe and hassle-free disposal operation of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area Construction Works and shall pay for remove the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all interruption or diversion within the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne specified by the AuthorityIndependent Engineer.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Obligations of the Concessionaire Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure land, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project Silo Complex as per the laid down Standards and Specification 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 . The Concessionaire shall provide the facility of Silo Complex for the exclusive use of the Authority or its assignees for storage of Food Grain and provide handling and related services to the Authority or its assignees, as per the terms laid down herein against payment of Storage and Handling Charges, together as the only charges payable as per terms of this Agreement for the Services. 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) makeAgreement, including under Clause 3.1.2: 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; Be solely liable for compliance of all requirements related to the Project as per the Standards and Specifications; Procure, as required, the appropriate proprietary rights, licenceslicenses, agreements and permissions for materialsmaterial, methods, processes and systems used or incorporated into in the Project;
(c) perform ; 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) supportDocuments; 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 ; Meet and comply with the existing structures on specifications of Indian Railways with respect to Broad Gauge rail siding; Maintain proper records of stock and movements and of the Site books of accounts relating to expenditure towards the construction, operation and maintenance of Silo Complex, Food Grain received, stored and released, receipts from the Authority and other receipts and provide to the Authority information as stipulated herein; Purchase and maintain insurance cover as stipulated in Article 17 at its own cost and consequences. The Concessionaire shall ensure that expense, including towards the demolition premium and construction of the existing structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be all incidental costs; Be responsible for safe storage of empty bags in Silo Complex and hassle-free disposal loading/unloading of empty bags on trucks arranged by the Authority for transportation of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal empty bags to /from silo complex as and when required; Pay all Taxes and Duties, levies charges, fees, impositions and the Commercial Complex to like including Stamp Duty payable under the Indian Stamp Act 1899 and The Registration Act 1908 and the rules and regulations made thereunder, property tax, local levies as applicable on the Project under the relevant Central, State and local laws and rules; Reimburse the Authority upon Termination one half of the cost towards professional fee and related charges of the IE&A as per terms of the Agreement. Where the Concessionaire fails to reimburse the said fees and charges within the stipulated time in terms of this Agreement, it shall be deemed that the Concessionaire has authorised the Authority hence forth to deduct by way of adjustment of the same from the Storage and Handling Charges payable by the Authority throughout the Concession Period; Comply, at its own cost, with all statutory requirements related to personnel contractors or sub-contractors at all times during the Concession Period; Employ such qualified and experienced personnel at the Project as is required to carry out the Services and take care of Operation and Maintenance of Silo Complex; Allow representatives of the Authority, its agents and the IE&A reasonable access to the Project Site / Silo Complex for monitoring, inspection and supervision and to carry out their respective duties in respect of the Project; Make reasonable efforts to maintain harmony and good industrial relations; Not transfer shares of the Concessionaire unless such transfers are in accordance with the terms of this Agreement including provisions thereof.
(l) develop a centralized covered Bus Terminal of Clause 5.3 ; Ensure and procure that its Contractors possess appropriate and adequate technical and financial capability and skills and comply with adequate number all Applicable Permits and Applicable Laws in the performance by them of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only any of the Bus Terminal;
(r) all the facilities for plumbingConcessionaire‟s obligation under this Agreement ; and Neither assign, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per transfer or sublet or create any lien or encumbrance on this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during , or the Concession Period hereby granted or on the whole or part of Bus Terminalsilo asset nor transfer, lease or part possession thereof, save and except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by as expressly permitted under the Authorityterms herein.
Appears in 1 contract
Samples: Concession Agreement
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 13.1. The Concessionaire shall comply undertakes to, efficiently and in due time and quality, provide the Services and actively cooperate with the Awarding Authority and the persons, appointed by the Awarding Authority on all Applicable Laws and Applicable Permits (including renewals as required) in the issues relating to the performance of its obligations under this the 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 13.2. The Concessionaire shall, at its own cost and expenserisk, ensure that both the Concessionaire and the persons providing the Services hold the licenses, permits, certificates, authorizations and references, necessary in addition order to be able to perform the Agreement, throughout the period of validity of the Agreement or throughout the period of provision of the corresponding Services, for provision of which the Concessionaire needs to have the specified documents, and observe and perform the conditions, stated in such documents. The Concessionaire shall not in derogation be allowed to refer to the absence of such documents when attempting to avoid amenability for the failure to duly perform its obligations elsewhere set out in this Agreement carry out hereunder and shall be fully liable for the following but not be limited to:
(a) make, or cause to be made, necessary applications resulting consequences due to the relevant Government Instrumentalities with absence or delayed receipt of 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;documents.
(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 consequences13.3. The Concessionaire shall ensure that the demolition and construction Concessionaire and/or Sub-suppliers, throughout the period of the existing structures is also Agreement have the necessary number of qualified employees, needed for proper performance of their obligations hereunder.
13.4. The Concessionaire shall observe all the conditions, provided in compliance with all the prevailing building bye lawsissued licenses, zoning regulations as prescribed certificates and permits and make each and every effort in order to ensure observance of the said conditions by H&UPDthe Concessionaire’s staff or Sub-suppliers, GoUPproviding the Services.
13.5. The Concessionaire undertakes to observe the requirements, other appropriate authority or any regulatory authority (ASIprovided by the environmental protection regulating legal acts. The investment, TTZrelating to implementation of such requirements, NGT etc.). XXX policy of GoI and GoUP shall be admissible as performed and where applicablethe corresponding risk shall be undertaken by the Concessionaire.
13.6. The Concessionaire shall, at its own cost, handle its bookkeeping in observance of the Law on the Principles of Accounting of the Republic of Lithuania and other legal acts of the Republic of Lithuania and the EU.
13.7. The Concessionaire shall be exclusively responsible for safe and hassle-free disposal that its obligations hereunder are performed:
13.7.1. Without violation of the scrap requirements, provided by the applicable legal acts, as well as the conditions of issuance of permits and licenses and abstaining from the Siteactions, which could become an obstacle for a later issuance and/or renewal of the necessary licenses and permits;
(j) (deleted)13.7.2. Without violation of the provisions of the Agreement;
(k) transfer 13.7.3. In observance of the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in Financial Activity Model;
13.7.4. In accordance with the provisions thereofGood Business Practice;
13.7.5. Without violation of the Conditions of Tender and the obligations, provided in the Offer, except the cases, when the obligations are modified in the cases, foreseen in the Agreement;
13.7.6. In observance of the requirements, provided in the Insurance agreements.
(l) develop 13.8. The Concessionaire undertakes not to, during the period of validity of the Agreement, without a centralized covered Bus Terminal with adequate number prior authorization by the Awarding Authority, make any decisions and not perform reorganization, sell a significant share of bus bays along with RCC yard areaits property and not undertake essential financial liabilities. For the purposes of this Paragraph, passenger movement spacesa significant share of the Concessionaire’s property shall be considered the [state what shall be considered a significant share of the Concessionaire’s property]. Essential financial liabilities shall be considered the [state the financial liabilities, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoiningwhich shall be considered essential], the development total value of workshops unit which exceeds [state the limit], or, according to which the payments exceed [state the limit] within a fiscal year. However the financial liabilities, according to the arrangements with necessary structural provisions the Funder, foreseen in the Financial Activity Model, shall not be considered essential in the sense of this Paragraph.
13.9. The Concessionaire and RCC yardthe Investor undertake to notify the Awarding Authority on any lawsuits, furniture fixturesraised in any court or arbitration, electrical fittings in which the Concessionaire participates in any status and which are aimed at resolving disputes and/or issues, arising from and / or related with minimum 6 meters the provision of working/ maintenance shed height with no access from and/ to commercial areas the Services, not later than [state the time period, recommended period – 15 (fifteen) days] as a mandatory requirementof the moment of commencement of such participation or becoming aware of such participation.
13.10. HoweverThe Concessionaire shall perform its obligations under the Agreement at its own risk and expense and without any financial support by the Awarding Authority, Authority shall take separate electricity connection except for the workshop area cases, where it expressly stated otherwise.
13.11. After the Agreement is terminated or expired, the Concessionaire shall unconditionally and shall pay for as soon as possible, return to the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) Awarding Authority or to the entities, specified by the Awarding Authority all the passenger amenitiesProperty, Workshop facilities foreseen to be returned by the Agreement, as well as UPSRTC staff facilities shall be maintained hygienicall the rights and authorizations, neat and clean relating to the returned Property or provided Services, including the agreements, relating to the performance of the Agreement, which, in the cases, allowed for hereunder, do not expire together with the Agreement. For this purpose the Concessionaire shall, at its own cost, take all the necessary actions, including the transfer of the Property, its rights or obligations or renewal of the necessary agreements.
13.12. The Concessionaire, during the concession period;
(p) accesses either through staircasesperiod of the Agreement, overbridges or underpasses for movement shall, each year, pay the Charge of pedestrians from one platform the size, established in the Monitoring and deduction mechanism, provided in Annex 3 to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etcAgreement.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Partnership Agreement
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 shall undertake the survey, design, engineering, financing, procurement, construction, operation and maintenance of the Project and observe, fulfilfulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder.
5.1.2 as per the Specifications and Standards as more particularly mentioned in Appendix III of this Agreement. The Concessionaire shall comply with all Applicable Laws including environmental laws and Applicable Permits (including renewals whereof as required) in the performance of performing its obligations under this Agreement.
5.1.3 Agreement and the Concessionaire shall be entirely liable for any violations or breaches thereof and defend, indemnify and keep indemnified the Authority / SSNNL / FED from and against all liabilities and costs in this behalf. Subject to the provisions of Clauses 5.1.1 and 5.1.2, the Concessionaire shall discharge its obligations in accordance with as per the National Building Code, Development Control Rules, the principles of Good Industry Practice and as a reasonable and prudent person.
5.1.4 , statutory requirements, laws of the land and any other norms, which are otherwise specifically applicable from time to time. The Concessionaire shall, for such purposes do all such acts, deeds and things, as may be required under this Agreement. 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 toAgreement:
(a) makeMake, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details details, as may be required for obtaining all 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) procureProcure, as required, the appropriate proprietary rights, licenceslicenses, 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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 planning, design, engineering, procurement, constructiondevelopment, operation and maintenance of the Project Diagnostic Centres 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 toAgreement:
(a) plan, design and develop the Project Sites as per the requirements of the applicable rules, regulations, laws, permits etc. for setting up the Diagnostic Centres;
b) 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;
(bc) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the ProjectDiagnostic Centres;
(cd) perform and fulfil its obligations under the Financing Agreements;
(de) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors contractors / sub- contractors including the O&M Contractor 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 contractors {including the O&M Contractor}comply with all Applicable applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's ’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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal Diagnostic Centres, except the Diagnostic Equipment and other properties of the Commercial Complex Concessionaire, to the Authority upon expiry or earlier Termination of this Agreement, in accordance with the provisions thereof.
(lj) develop a centralized covered Bus Terminal ensure that any supplementary activities are undertaken only in accordance with adequate number the provisions of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
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 XXX Ropeway 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 toAgreement:
(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 4.1.34.1.2), 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 ProjectXXX Ropeway;
(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 for 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 ’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;; and
(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 structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall be responsible for safe and hassle-free disposal of the scrap from the Site;
(j) (deleted)
(k) transfer the Bus Terminal and the Commercial Complex XXX Ropeway to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only of the Bus Terminal;
(r) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 5.1.1 Subject Without prejudice to the generality of Article 6.3 and on the terms and conditions in addition to any of its other obligations under this Agreement, during the Concession Period, the Concessionaire shall:
(a) arrange for, at in a timely manner all necessary financial and other resources required for the implementation of its own cost Scope of Work and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance installation of the Project Facilities and observeServices.
(b) engage professionally competent Persons for Project management and implementation of Scope of Work and ensure that all works are carried out in compliance with the Construction Standards;
(c) coordinate with the construction contractors appointed by the Concessioning Authority for construction of MICT building;
(d) 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, fulfilwithout 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;
(e) obtain Applicable Permits, 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) and give priority to safety in the performance implementation of its obligations under this Agreement.
5.1.3 Subject Scope of Work and planning activities in order to the provisions of Clauses 5.1.1 protect life, health, property 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 Agreementenvironment;
(f) ensure provide to the representative(s) of the Concessioning Authority, at reasonable times and procure upon prior intimation, access to the Project Site to review the progress in implementation of Scope of Work and to ascertain compliance with any of the requirements of this Agreement. Provided that its Contractors comply with all Applicable Permits and Applicable Laws 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 performance by them Concessioning Authority nor shall the same be deemed to be waiver of any of the Concessionaire's obligations 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;
(g) not do provide monthly reports on the progress in implementation of Scope of Work or omit to do any act, deed or thing which such other relevant information as may in any manner be violative of any of required by the provisions of this AgreementIndependent Engineer and/or Concessioning Authority;
(h) support, cooperate with promptly carry out at its cost such further works as may be necessary to remove any defects or deficiencies observed by the Independent Engineer / Concessioning Authority and facilitate ensure the Authority timely completion of the Scope of in the implementation and operation of Project / the Project Facilities and Services in all respects in accordance with the provisions of this Agreement;; and
(i) modify/demolish ensure safe and timely implementation of Project / Project Facilities and Services, the existing structures on the Site Concessionaire may, at its own cost cost, interrupt and consequencesdivert / create barriers at the operational area of the Project Site, if such interruption and diversion is imperative for the efficient progress of the implementation of Project and conforms to Good Industry Practice; provided that such interruption and diversion shall be undertaken by the Concessionaire only with the prior written approval of the Independent Engineer which approval shall not be unreasonably withheld. The For the avoidance of doubt, it is agreed that the Concessionaire shall ensure that the demolition and construction of the existing structures is also in compliance with the prevailing building bye laws, zoning regulations as prescribed by H&UPD, GoUP, other appropriate authority or any regulatory authority (ASI, TTZ, NGT etc.). XXX policy of GoI and GoUP shall be admissible as and where applicable. The Concessionaire shall at all times be responsible for ensuring safe and hassle-free disposal operation in implementation of Project shall remove the scrap from interruption or diversion within the Site;period specified by the Independent Engineer.
(j) Provide inputs to the Independent Engineer and obtain consent of relevant stakeholders through Project Management Group for finalization of the list of equipment and furniture along with specifications necessary for the Terminal Operations within a period of 1 (deleted)one) month from the Appointed Date.
(k) transfer the Bus Terminal and the Commercial Complex to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.
(l) develop a centralized covered Bus Terminal with adequate number of bus bays along with RCC yard area, passenger movement spaces, furniture fixtures, electrical fittings, utilities and other related requirements;
(m) {where Bus Terminal and workshops/ depots are adjoining, the development of workshops unit with necessary structural provisions and RCC yard, furniture fixtures, electrical fittings with minimum 6 meters of working/ maintenance shed height with no access from and/ to commercial areas as a mandatory requirement. However, Authority shall take separate electricity connection for the workshop area and shall pay for the electricity usage in it}1;
(n) construct and maintain public amenities like ablution units etc.;
(o) all the passenger amenities, Workshop facilities as well as UPSRTC staff facilities shall be maintained hygienic, neat and clean during the concession period;
(p) accesses either through staircases, overbridges or underpasses for movement of pedestrians from one platform to the other in a safe and fully secured manner;
(q) a dedicated office for UPSRTC staff with a sufficient usable area along with change rooms and toilets as per the specifications of UPSRTC shall be made available unconditionally and free of cost for the entire concession period on ground and first floors only Submit built drawings of the Bus Terminal;
(rproject within 30(thirty) all the facilities for plumbing, internal electrification and all the other allied works to render the office functional (partitions excluded);
(s) facility for parking adequate number of 4 wheelers, 3 Wheelers and 2 wheelers of passengers and commercial area users. The parking facility for Bus Terminal and for the Commercial Complex shall be segregated. (Refer prevailing Government of Housing and Urban Planning department circulars/ G.O’s); 1 This provision to be used only for Sites where workshops are adjoining the Bus Terminal
(t) all the other allied facilities for fire protection, accesses in the form of ramps, protective railings, ventilation system etc.;
(u) day to day operation and management of the Project as per this Agreement; and
(v) bear the expenses of electricity and water in the Bus Terminal during the Concession Period of Bus Terminal, except electricity and water charges for Authority’s office, workshop, drivers or staff dormitory and electric bus charging which shall be borne by the Authority.days after COD
Appears in 1 contract
Samples: Concession Agreement
