Common use of Obligations of the Concessionaire Clause in Contracts

Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall at its own cost and expense undertake the designing, engineering, procurement, construction, operation and maintenance of the Project and Project Facilities and fulfill and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement including the terms and conditions of the Environment Clearance granted by State Level Environment Impact Assessment Authority Punjab vide ref no. SEIAA/2017/67 dated 23.01.2017, Stage-1 Forest Clearance granted by the Ministry of Environment & Forest & Climate Change vide letter dated 10.08.2020 and subsequent Stage 2 Forest Clearance granted including terms and conditions set forth in approved DPR under Forest Clearance. Further, during the execution and the implementation of the Project the Concessionaire shall be essentially required to comply with all the observations, instructions, orders etc. of the Monitoring Committee constituted in pursuance to the approval granted under Stage-I Forest clearance including any other subsequent approval granted. 5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2 above, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent contractor/ developer. 5.1.4 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentality with such particulars and details, as may be required for obtaining all Applicable Permits for carrying out developments at the Project Site as specified in this Agreement. The applications shall include and not limited to preparing detailed design, building plans and drawings, infrastructure facilities including power, water supply, drainage & sewerage, firefighting, telecommunications, etc. The Concessionaire shall obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws, so as to perform its obligations under this Agreement; (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project Facilities; (c) perform and 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) 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; (f) not do or omit to do any act, deed or thing which may in any manner be violation of any of the provisions of this 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 designingdesign, engineering, procurement, construction, operation and maintenance of the Project and Project Facilities and fulfill 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 to accept Obligated Quantity of MSW from each Participating ULBs delivered every day at its Project Site. 5.1.4 The Concessionaire shall be responsible for generation of power from the Waste to Energy Plant and sell the power to APXPDCL as per the terms and conditions of the PPA. 5.1.5 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. 5.1.6 The Concessionaire shall be responsible for setup of Scientific Landfill and disposal of the process remnants and Residual Inert Matters 5.1.7 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 including the terms and conditions of the Environment Clearance granted by State Level Environment Impact Assessment Authority Punjab vide ref no. SEIAA/2017/67 dated 23.01.2017, Stage-1 Forest Clearance granted by the Ministry of Environment & Forest & Climate Change vide letter dated 10.08.2020 and subsequent Stage 2 Forest Clearance granted including terms and conditions set forth in approved DPR under Forest Clearance. Further, during the execution and the implementation of the Project the Concessionaire shall be essentially required to comply with all the observations, instructions, orders etc. of the Monitoring Committee constituted in pursuance to the approval granted under Stage-I Forest clearance including any other subsequent approval grantedAgreement. 5.1.3 5.1.8 Subject to the provisions of Clauses 5.1.1 and 5.1.2 above5.1.7, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent contractor/ developerperson. 5.1.4 5.1.9 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentality Instrumentalities with such particulars and details, details as may be required for obtaining all Applicable Permits for carrying out developments at the Project Site as specified (other than those set forth in this Agreement. The applications shall include Clause 4.1.3), and not limited to preparing detailed design, building plans and drawings, infrastructure facilities including power, water supply, drainage & sewerage, firefighting, telecommunications, etc. The Concessionaire shall obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws, so as to perform its obligations under this Agreement; (b) procure, as required, the appropriate proprietary rights, licenseslicences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project FacilitiesProject; (c) perform and fulfill 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) 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; (f) not do or omit to do any act, deed or thing which may in any manner be violation violative of any of the provisions of this Agreement; (g) support, cooperate with and facilitate the Participating ULBs in the implementation and operation of the Project in accordance with the provisions of this Agreement; and (h) transfer the Project to the Lead ULB upon Termination of this Agreement, in accordance with the provisions thereof.

Obligations of the Concessionaire. 5.1.1 5.1.1. 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 designingdesign, engineering, procurement, construction, operation and maintenance of the Project and Project Facilities and fulfill observe, fulfil, comply with and perform all its obligations set out in this the 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 including the terms and conditions of the Environment Clearance granted by State Level Environment Impact Assessment Authority Punjab vide ref no. SEIAA/2017/67 dated 23.01.2017, Stage-1 Forest Clearance granted by the Ministry of Environment & Forest & Climate Change vide letter dated 10.08.2020 and subsequent Stage 2 Forest Clearance granted including terms and conditions set forth in approved DPR under Forest Clearance. Further, during the execution and the implementation of the Project the Concessionaire shall be essentially required to comply with all the observations, instructions, orders etc. of the Monitoring Committee constituted in pursuance to the approval granted under Stage-I Forest clearance including any other subsequent approval grantedAgreement. 5.1.3 5.1.3. Subject to the provisions of Clauses 5.1.1 and 5.1.2 above5.1.2, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent contractor/ developerperson. 5.1.4 5.1.4. The Concessionaire is solely responsible for all associated expenses like power charges, and other statutory dues such as Sales Tax, Income Tax, VAT, GST, Service Tax, Excise duties, payment to Employees’ Benefit Funds, etc., arising out of the Agreement and the Authority shall not be liable for the same under any circumstances. 5.1.5. No labor below the age of eighteen years and who is not an Indian National shall be employed on the work by the Concessionaire. 5.1.6. The Project has to be known, promoted, displayed and advertised in the name of Greater Warangal Municipal Corporation (GWMC). The Authority will provide the design, the specifications and the promotional slogan & Logo at a later date. 5.1.7. The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentality with such particulars and details, as may be required for obtaining all Applicable Permits for carrying out developments at the Project Site as specified in this Agreement. The applications shall include and not limited to preparing detailed design, building plans and drawings, infrastructure facilities including power, water supply, drainage & sewerage, firefighting, telecommunications, etc. The Concessionaire shall obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws, so as to perform its obligations under this Agreement; (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project Facilities; (c) perform and fulfill fulfil its obligations under the Financing Agreements; (db) make reasonable efforts the liability of any damage or loss in case of a death or injury to maintain harmony any personnel engaged in the Project shall be the sole responsibility of the Concessionaire and good industrial relations among the personnel employed by it Authority shall not, in any manner be a party to or its Contractors in connection with the performance of its obligations under this Agreement;responsible for such damages or losses. (ec) 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 the Agreement;. (fd) make or cause to be made, necessary applications to the relevant Authorities with such particulars and details, as may be required for renewing of Applicable Permits and such other licenses that are required to be maintained during the Concession Period at their cost and keep in force and effect such Applicable Permits in conformity with the Applicable Laws. e) not do or omit to do any act, deed or thing which may in any manner be violation violative of any of the provisions of this the Agreement;. f) to organize wide publicity for Public Toilets & the benefits of the same through different marketing techniques and shall have social marketing strategy in place for maximum coverage of the community. g) to comply with the provisions of the Minimum Wages Xxx 0000, Workmen’s Compensation Xxx 0000, Contract Labor (Regulation and Abolition) Xxx 0000 and Central Rules 1971, Payment of Wages Xxx 0000, Employer’s Liability Act 1938 as applicable and any other Act or enactment relating thereto and the rules and regulations issued there under from time to time. Failure to do so shall amount to breach of the contract and the Authority may at its discretion can effect Termination of the Agreement. The Concessionaire shall also be liable for any pecuniary liability arising on account of violation by him of the provisions of the Act; and h) transfer the Project at the end of the Concession Period or upon Termination of the Agreement, in accordance with the provisions thereof.

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 designingdesign, engineering, procurement, construction, operation and maintenance of the Project and Project Facilities and fulfill observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunderhereunder.‌ 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. 5.1.2 5.1.3 The Concessionaire shall be responsible to accept Obligated Quantity of MSW from Participating ULBs in the Cluster delivered every day at its Project Site. 5.1.4 The Concessionaire shall be responsible for generation of power from the Waste to Energy Plant and sell the power to APXPDCL as per the terms and conditions of the PPA. 5.1.5 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. 5.1.6 The Concessionaire shall be responsible for development and operation of Scientific Landfill and disposal of the process remnants and Residual Inert Matters at its own cost 5.1.7 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 including the terms and conditions of the Environment Clearance granted by State Level Environment Impact Assessment Authority Punjab vide ref no. SEIAA/2017/67 dated 23.01.2017, Stage-1 Forest Clearance granted by the Ministry of Environment & Forest & Climate Change vide letter dated 10.08.2020 and subsequent Stage 2 Forest Clearance granted including terms and conditions set forth in approved DPR under Forest Clearance. Further, during the execution and the implementation of the Project the Concessionaire shall be essentially required to comply with all the observations, instructions, orders etc. of the Monitoring Committee constituted in pursuance to the approval granted under Stage-I Forest clearance including any other subsequent approval granted.Agreement.‌ 5.1.3 5.1.8 Subject to the provisions of Clauses 5.1.1 and 5.1.2 above5.1.7, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent contractor/ developerperson. 5.1.4 5.1.9 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentality Instrumentalities with such particulars and details, details as may be required for obtaining all Applicable Permits for carrying out developments at the Project Site as specified (other than those set forth in this Agreement. The applications shall include Clause 4.1.3), and not limited to preparing detailed design, building plans and drawings, infrastructure facilities including power, water supply, drainage & sewerage, firefighting, telecommunications, etc. The Concessionaire shall obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws, so as to perform its obligations under this Agreement; (b) procure, as required, the appropriate proprietary rights, licenseslicences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project FacilitiesProject; (c) perform and fulfill 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) 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; (f) not do or omit to do any act, deed or thing which may in any manner be violation violative of any of the provisions of this Agreement; (g) support, cooperate with and facilitate the Participating ULBs in the implementation and operation of the Project in accordance with the provisions of this Agreement; and (h) transfer the Project to the Lead ULB upon Termination of this Agreement, in accordance with the provisions thereof.

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 designingdesign, engineering, procurement, construction, operation and maintenance of the Project and Project Facilities and fulfill 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 to accept Obligated Quantity of MSW from Participating ULBs in the Cluster delivered every day at its Project Site. 5.1.4 The Concessionaire shall be responsible for generation of power from the Waste to Energy Plant and sell the power to APXPDCL as per the terms and conditions of the PPA. 5.1.5 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. 5.1.6 The Concessionaire shall be responsible for development and operation of Scientific Landfill and disposal of the process remnants and Residual Inert Matters at its own cost 5.1.7 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 including the terms and conditions of the Environment Clearance granted by State Level Environment Impact Assessment Authority Punjab vide ref no. SEIAA/2017/67 dated 23.01.2017, Stage-1 Forest Clearance granted by the Ministry of Environment & Forest & Climate Change vide letter dated 10.08.2020 and subsequent Stage 2 Forest Clearance granted including terms and conditions set forth in approved DPR under Forest Clearance. Further, during the execution and the implementation of the Project the Concessionaire shall be essentially required to comply with all the observations, instructions, orders etc. of the Monitoring Committee constituted in pursuance to the approval granted under Stage-I Forest clearance including any other subsequent approval grantedAgreement. 5.1.3 5.1.8 Subject to the provisions of Clauses 5.1.1 and 5.1.2 above5.1.7, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent contractor/ developerperson. 5.1.4 5.1.9 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentality Instrumentalities with such particulars and details, details as may be required for obtaining all Applicable Permits for carrying out developments at the Project Site as specified (other than those set forth in this Agreement. The applications shall include Clause 4.1.3), and not limited to preparing detailed design, building plans and drawings, infrastructure facilities including power, water supply, drainage & sewerage, firefighting, telecommunications, etc. The Concessionaire shall obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws, so as to perform its obligations under this Agreement; (b) procure, as required, the appropriate proprietary rights, licenseslicences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project FacilitiesProject; (c) perform and fulfill 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) 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; (f) not do or omit to do any act, deed or thing which may in any manner be violation violative of any of the provisions of this Agreement; (g) support, cooperate with and facilitate the Participating ULBs in the implementation and operation of the Project in accordance with the provisions of this Agreement; and (h) transfer the Project to the Lead ULB upon Termination of this Agreement, in accordance with the provisions thereof.