Obligations of the Concessionaire. Without prejudice to the generality of Article 6.3 and in addition to any of its other obligations under this Agreement, during the Construction Phase, the Concessionaire shall: (a) arrange for, in a timely manner all necessary financial and other resources required for construction and installation of the Project Facilities and Services. (b) engage professionally competent Persons for project management and construction and ensure that all works are carried out in compliance with the Construction Standards; (c) give written notice to the Concessioning Authority within 7 (seven) Days of any material modification or change to any of the Financing Documents and/or any Equity Documents and shall simultaneously therewith also furnish copies of such modified/ amended documents to the Concessioning Authority. Provided no such modification/amendment will be made if it in any manner whatsoever has the effect of imposing an additional financial obligation or increasing the financial obligation of the Concessioning Authority in addition to that contemplated under the Financing Documents provided on Financial Close, without the prior written consent of the Concessioning Authority. For avoidance of doubt any such modifications/amendments made without the prior written consent of the Concessioning Authority will not be enforceable against the Concessioning Authority; (d) obtain Applicable Permits, comply with Applicable Laws and Applicable Permits and give priority to safety in its construction and planning activities in order to protect life, health, property and environment; (e) provide to the representative(s) of the Concessioning Authority, at reasonable times and upon prior intimation, access to the Project Site to review progress in construction and to ascertain compliance with any of the requirements of this Agreement. Provided that non-inspection by the Concessioning Authority of any works shall not, in relation to such works, (i) amount to any consent or approval by the Concessioning Authority nor shall the same be deemed to be waiver of any of the rights of the Concessioning Authority under this Agreement; and (ii) release or discharge the Concessionaire from its obligations or liabilities under this Agreement in respect of such work; (f) provide monthly reports on the progress of Construction Works or such other relevant information as may be required by the Independent Engineer; (g) promptly carry out at its cost such further works as may be necessary to remove any defects or deficiencies observed by the Independent Engineer and ensure timely completion of construction of the Project / the Project Facilities and Services in all respects in accordance with the provisions of this Agreement; and (h) to ensure safe and timely construction and completion of the Project/Project Facilities and Services, the 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 if such interruption and diversion 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. 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. Without prejudice 7.1. Notwithstanding other obligations provided for under this CONTRACT, the CONCESSIONAIRE undertakes to:
I. compensate the DEPOSITARY BANK for providing the services under this CONTRACT, in the sum of [▪].
II. bear all costs and fees to retain the CENTRALIZER BANK ACCOUNT.
III. keep the CENTRALIZER BANK ACCOUNT active, free and clear throughout the CONCESSION TERM
IV. ensure that all amounts relating to REVENUE are deposited directly into the CENTRALIZER BANK ACCOUNT.
V. not to provide any instructions to the generality DEPOSITARY BANK regarding the operation of Article 6.3 the CENTRALIZER BANK ACCOUNT.
VI. to notify, in writing, the terms and in addition conditions of this ACCOUNT MANAGEMENT CONTRACT and other CONCESSION DOCUMENTS to its administrators and agents, so that they comply with and enforce all its terms and conditions;
VII. report any information about any legal dealings, corporate resolutions or measures that may affect the fulfillment of any of its other obligations taken on under this AgreementCONTRACT to the GRANTING AUTHORITY; VIII. notify, during the Construction Phasewithin 1 (one) working day, the Concessionaire shall:
GRANTING AUTHORITY (a) arrange foron any delay or impediment in depositing the ELECTRONIC REVENUE in the CENTRALIZER BANK ACCOUNT; and (b) on any delay or impediment in depositing the PHYSICAL REVENUE into the CENTRALIZER BANK ACCOUNT;
IX. notify, within 1 (one) working day, the GRANTING AUTHORITY on (a) any information that may result in blocking or encumbering the CENTRALIZER BANK ACCOUNT; or (b) any act or information that may, in any way whatsoever, impair the performance of this CONTRACT;
X. throughout the term of this CONTRACT, keep all statements provided for under this contract true;
XI. keep all approvals that may be necessary for the performance of this CONTRACT always valid, in force and in perfect order;
XII. fulfill, in a timely manner manner, all necessary financial and other resources required for construction and installation of the Project Facilities and Services.
(b) engage professionally competent Persons for project management and construction and ensure that all works are carried out in compliance with the Construction Standardsobligations assumed under this CONTRACT;
(c) give written notice to XIII. only use the Concessioning Authority within 7 (seven) Days CENTRALIZER BANK ACCOUNT for purposes provided for under this CONTRACT and not assign rights or constitute encumbrances, liens, charges, restrictions or preferences of any material modification or change to any of the Financing Documents and/or any Equity Documents and shall simultaneously therewith also furnish copies of such modified/ amended documents to the Concessioning Authority. Provided no such modification/amendment will be made if it in any manner whatsoever has the effect of imposing an additional financial obligation or increasing the financial obligation of the Concessioning Authority in addition to that contemplated under the Financing Documents provided on Financial Close, without the prior written consent of the Concessioning Authority. For avoidance of doubt any such modifications/amendments made without the prior written consent of the Concessioning Authority will not be enforceable against the Concessioning Authority;
(d) obtain Applicable Permits, comply with Applicable Laws and Applicable Permits and give priority to safety in its construction and planning activities in order to protect life, health, property and environment;
(e) provide to the representative(s) of the Concessioning Authority, at reasonable times and upon prior intimation, access to the Project Site to review progress in construction and to ascertain compliance with any of the requirements of this Agreement. Provided that non-inspection by the Concessioning Authority of any works shall not, in relation to such works, (i) amount to any consent or approval by the Concessioning Authority nor shall the same be deemed to be waiver of any of the rights of the Concessioning Authority under this Agreement; and (ii) release or discharge the Concessionaire from its obligations or liabilities under this Agreement in respect of such work;
(f) provide monthly reports kind on the progress of Construction Works or such other relevant information as may be required by the Independent Engineer;
(g) promptly carry out at its cost such further works as may be necessary to remove any defects or deficiencies observed by the Independent Engineer and ensure timely completion of construction of the Project / the Project Facilities and Services in all respects in accordance with the provisions of this AgreementCENTRALIZER BANK ACCOUNT; and
(h) to ensure safe XIV. commit any acts and sign any documents needed for retaining the CENTRALIZER BANK ACCOUNT, including, but not limited to, upholding, in a timely construction and completion of the Project/Project Facilities and Serviceseffective manner, the Concessionaire CENTRALIZER BANK ACCOUNT and all rights arising therefrom against any proceedings or lawsuits potentially lodged by third parties, or that the CONCESSIONAIRE may become aware of and which may, at its costin any way whatsoever, interrupt and divert/create barriers on adversely impact the flow terms of water or on the road or port traffic, adjacent to the Project Site if such interruption and diversion 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. 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 Engineerthis CONTRACT.
Appears in 1 contract
Samples: Account Management Contract
Obligations of the Concessionaire. Without prejudice to the generality of Article 6.3 and in addition to any of its other obligations under this Agreement, during the Construction Phase, the Concessionaire shall:
(a) arrange for, in a timely manner all necessary financial and other resources required for construction and installation of the Project Facilities and Services.
(b) engage professionally competent Persons for project management and construction and ensure that all works are carried out in compliance with the Construction Standards;
(c) give written notice to the Concessioning Authority within 7 (seven) Days of any material modification or change to any of the Financing Documents and/or any Equity Documents and shall simultaneously therewith also furnish copies of such modified/ amended documents to the Concessioning Authority. Provided no such modification/amendment will be made if it in any manner whatsoever has the effect of imposing an additional financial obligation or increasing the financial obligation of the Concessioning Authority in addition to that contemplated under the Financing Documents provided on Financial Close, without the prior written consent of the Concessioning Authority. For avoidance of doubt any such modifications/amendments made without the prior written consent of the Concessioning Authority will not be enforceable against the Concessioning Authority;
(d) obtain Applicable Permits, comply with Applicable Laws and Applicable Permits and give priority to safety in its construction and planning activities in order to protect life, health, property and environment;
(e) provide to the representative(s) of the Concessioning Authority, at reasonable times and upon prior intimation, access to the Project Site to review progress in construction and to ascertain compliance with any of the requirements of this Agreement. Provided that non-inspection by the Concessioning Authority of any works shall not, in relation to such works, (i) amount to any consent or approval by the Concessioning Authority nor shall the same be deemed to be waiver of any of the rights of the Concessioning Authority under this Agreement; and (ii) release or discharge the Concessionaire from its obligations or liabilities under this Agreement in respect of such work;
(f) provide monthly reports on the progress of Construction Works or such other relevant information as may be required by the Independent Engineer;
(g) promptly carry out at its cost such further works as may be necessary to remove any defects or deficiencies observed by the Independent Engineer and ensure timely completion of construction of the Project / the Project Facilities and Services in all respects in accordance with the provisions of this Agreement; and
(h) to ensure safe and timely construction and completion of the Project/Project Facilities and Services, the 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 if such interruption and diversion 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. 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.
(i) carry out the Capital Dredging to achieve -14.1 m Depth alongside the Jetty and 13 m Draft at its approach up to navigational channel in the Kandla Creek. Moreover, it shall be the obligation of the Concessionaire to bear the cost, on pro-rata basis, of the Capital dredging for deepening of Navigational Channel up to 13 m Draft from Zero Panel to Oil Jetty Complex.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. Without prejudice to the generality of Article 6.3 and in addition to any of its other obligations under this Agreement, during the Construction Phase, the Concessionaire shall:
(a) arrange for, in a timely manner all necessary financial and other resources required for construction and installation of the Project Facilities and Services.
(b) engage professionally competent Persons for project management and construction and ensure that all works are carried out in compliance with the Construction Standards;
(c) give written notice to the Concessioning Authority within 7 (seven) Days of any material modification or change to any of the Financing Documents and/or any Equity Documents and shall simultaneously therewith also furnish copies of such modified/ amended documents to the Concessioning Authority. Provided no such modification/amendment will be made if it in any manner whatsoever has the effect of imposing an additional financial obligation or increasing the financial obligation of the Concessioning Authority in addition to that contemplated under the Financing Documents provided on Financial Close, without the prior written consent of the Concessioning Authority. For avoidance of doubt any such modifications/amendments made without the prior written consent of the Concessioning Authority will not be enforceable against the Concessioning Authority;
(d) obtain Applicable Permits, comply with Applicable Laws and Applicable Permits and give priority to safety in its construction and planning activities in order to protect life, health, property and environment;
(e) provide to the representative(s) of the Concessioning Authority, at reasonable times and upon prior intimation, access to the Project Site to review progress in construction and to ascertain compliance with any of the requirements of this Agreement. Provided that non-non- inspection by the Concessioning Authority of any works shall not, in relation to such works, (i) ,
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 (and
ii) . release or discharge the Concessionaire from its obligations or liabilities under this Agreement in respect of such work;
(f) provide monthly reports on the progress of Construction Works or such other relevant 7This 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. information as may be required by the Independent Engineer;
(g) promptly carry out at its cost such further works as may be necessary to remove any defects or deficiencies observed by the Independent Engineer and ensure timely completion of construction of the Project / the Project Facilities and Services in all respects in accordance with the provisions of this Agreement; and
(h) to ensure safe and timely construction and completion of the Project/Project Facilities and Services, the 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 if such interruption and diversion 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. 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.
(i) To apply, obtain and comply with Applicable Permits, permissions and approvals from the concerned government authorities under Applicable Laws in the matters related to national security, law and order with regard to involvement of foreign personnel and agencies during the project implementation, operation and maintenance directly through the Concessionaire or through its counterparties, sub-contractors, vendors, suppliers etc. For avoidance of doubt, the decision of concerned government authorities on such permits, permissions and approvals shall be final. The Concessioning Authority shall not be responsible for any claims and losses on account of any delay or refusal of such application / request of the Concessionaire.
(j) With respect to the soil, that shall be excavated by the Concessionaire during the Construction Phase for the construction of the Marina Basin, shall be made available to the Concessioning Authority, on request and if required, at a desired location indicated by the Concessioning Authority, free of cost by the Concessionaire. In case the Authority does not require the excavated material, Concessionaire can dump it to its desired location with no cost implication to the Authority and all the necessary permissions from the statutory Authority to be obtained by the Concessionaire.
(k) No commercial activity shall start before the Commercial Operation of the Marina, Dry Dock and basic Marina ancillary system (l) provide monthly reports on the progress of operation and maintenance works from the OperationsPeriod or such other relevant information as may be required by the Authority
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. Without prejudice to the generality of Article 6.3 and in addition to any of its other obligations under this Agreement, during the Construction Phase, the Concessionaire shall:
(a) arrange for, in a timely manner all necessary financial and other resources required for construction and installation of the Project Facilities and Services.
(b) engage professionally competent Persons for project management and construction and ensure that all works are carried out in compliance with the Construction Standards;
(c) give written notice to the Concessioning Authority within 7 (seven) Days of any material modification or change to any of the Financing Documents and/or any Equity Documents and shall simultaneously therewith also furnish copies of such modified/ amended documents to the Concessioning Authority. Provided no such modification/amendment will be made if it in any manner whatsoever has the effect of imposing an additional financial obligation or increasing the financial obligation of the Concessioning Authority in addition to that contemplated under the Financing Documents provided on Financial Close, without the prior written consent of the Concessioning Authority. For avoidance of doubt any such modifications/amendments made without the prior written consent of the Concessioning Authority will not be enforceable against the Concessioning Authority;
(d) obtain Applicable Permits, comply with Applicable Laws and Applicable Permits and give priority to safety in its construction and planning activities in order to protect life, health, property and environment;
(e) provide to the representative(s) of the Concessioning Authority, at reasonable times and upon prior intimation, access to the Project Site to review progress in construction and to ascertain compliance with any of the requirements of this Agreement. Provided that non-non- inspection by the Concessioning Authority of any works shall not, in relation to such works, (i) ,
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 (and
ii) . release or discharge the Concessionaire from its obligations or liabilities under this Agreement in respect of such work;
(f) provide monthly reports on the progress of Construction Works or such other relevant 7This 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. information as may be required by the Independent Engineer;
(g) promptly carry out at its cost such further works as may be necessary to remove any defects or deficiencies observed by the Independent Engineer and ensure timely completion of construction of the Project / the Project Facilities and Services in all respects in accordance with the provisions of this Agreement; and
(h) to ensure safe and timely construction and completion of the Project/Project Facilities and Services, the 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 if such interruption and diversion 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. 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.
(i) To apply, obtain and comply with Applicable Permits, permissions and approvals from the concerned government authorities under Applicable Laws in the matters related to national security, law and order with regard to involvement of foreign personnel and agencies during the project implementation, operation and maintenance directly through the Concessionaire or through its counterparties, sub-contractors, vendors, suppliers etc. For avoidance of doubt, the decision of concerned government authorities on such permits, permissions and approvals shall be final. The Concessioning Authority shall not be responsible for any claims and losses on account of any delay or refusal of such application / request of the Concessionaire.
(j) With respect to the soil, that shall be excavated by the Concessionaire during the Construction Phase for the construction of the Marina Basin, shall be made available to the Concessioning Authority, on request and if required, at a desired location indicated by the Concessioning Authority, free of cost by the Concessionaire.
(k) No commercial activity shall start before the Commercial Operation of the Marina, Dry Dock and basic Marina ancillary system (l) provide monthly reports on the progress of operation and maintenance works from the OperationsPeriod or such other relevant information as may be required by the Authority
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Concessionaire. 7.1. Without prejudice to the generality obligations established under this CONTRACT, the CONCESSIONAIRE undertakes to:
I. compensate the DEPOSITARY BANK for the provision of Article 6.3 the services being the subject of this CONTRACT, in the amount of [▪];
II. bear all charges and fees to ensure that the ADDITIONAL REVENUE ACCOUNT is maintained during the entire CONCESSION TERM;
III. keep the ADDITIONAL REVENUE ACCOUNT active, free and clear during the entire CONCESSION TERM;
IV. ensure that all amounts associated with the ADDITIONAL REVENUE are deposited directly into the ADDITIONAL REVENUE ACCOUNT;
V. refrain from providing any instructions to the DEPOSITARY BANK concerning operation of the ADDITIONAL REVENUE ACCOUNT;
VI. notify, in addition writing, the terms and conditions of this CONTRACT and the other CONCESSION DOCUMENTS, to its directors and agents, so that they shall comply with and enforce all of their terms and conditions;
VII. deliver to the GRANTING AUTHORITY information concerning any legal transaction, corporate resolution or measure that might affect the performance of any of its other obligations under this AgreementCONTRACT;
VIII. inform the GRANTING AUTHORITY, during the Construction Phasewithin 1 (one) working day, the Concessionaire shall:
of (a) arrange forany delay or impediment to the deposit of the ELECTRONIC REVENUE into the ADDITIONAL REVENUE ACCOUNT; (b) any delay or impediment to the deposit of the PHYSICAL REVENUE into the ADDITIONAL REVENUE ACCOUNT;
IX. notify the GRANTING AUTHORITY, within 1 (one) working day, of (a) any information that might entail the freezing or encumbrance of the ADDITIONAL REVENUE ACCOUNT; or (b) any delay or impediment to the deposit of REVENUE that might, in any way, interfere with the performance of this CONTRACT;
X. during the term of validity of this CONTRACT, keep the representations made herein true;
XI. keep all authorizations required for the performance of this CONTRACT valid, effective and in good standing, at all times;
XII. carry out all the obligations assumed under this CONTRACT in a timely manner all necessary financial and other resources required for construction and installation of the Project Facilities and Services.
(b) engage professionally competent Persons for project management and construction and ensure that all works are carried out in compliance with the Construction Standardsmanner;
(c) give written notice to the Concessioning Authority within 7 (seven) Days XIII. refrain from assigning rights or placing burdens, liens, charges, restrictions or preferences of any material modification or change to any of the Financing Documents and/or any Equity Documents and shall simultaneously therewith also furnish copies of such modified/ amended documents to the Concessioning Authority. Provided no such modification/amendment will be made if it in any manner whatsoever has the effect of imposing an additional financial obligation or increasing the financial obligation of the Concessioning Authority in addition to that contemplated under the Financing Documents provided on Financial Close, without the prior written consent of the Concessioning Authority. For avoidance of doubt any such modifications/amendments made without the prior written consent of the Concessioning Authority will not be enforceable against the Concessioning Authority;
(d) obtain Applicable Permits, comply with Applicable Laws and Applicable Permits and give priority to safety in its construction and planning activities in order to protect life, health, property and environment;
(e) provide to the representative(s) of the Concessioning Authority, at reasonable times and upon prior intimation, access to the Project Site to review progress in construction and to ascertain compliance with any of the requirements of this Agreement. Provided that non-inspection by the Concessioning Authority of any works shall not, in relation to such works, (i) amount to any consent or approval by the Concessioning Authority nor shall the same be deemed to be waiver of any of the rights of the Concessioning Authority under this Agreement; and (ii) release or discharge the Concessionaire from its obligations or liabilities under this Agreement in respect of such work;
(f) provide monthly reports kind on the progress of Construction Works or such other relevant information as may be required by the Independent Engineer;
(g) promptly carry out at its cost such further works as may be necessary to remove any defects or deficiencies observed by the Independent Engineer and ensure timely completion of construction of the Project / the Project Facilities and Services in all respects in accordance with the provisions of this AgreementADDITIONAL REVENUE ACCOUNT; and
(h) to ensure safe XIV. use the ADDITIONAL REVENUE ACCOUNT exclusively for the purposes referenced in this CONTRACT, and timely construction perform any actions and completion sign any documents that are required for the maintenance of the Project/Project Facilities ADDITIONAL REVENUE ACCOUNT, undertaking additionally, but not only, to defend, effectively and Servicesin a timely manner, the Concessionaire mayADDITIONAL REVENUE ACCOUNT and all the rights resulting therefrom, at its costagainst any procedures or proceedings eventually filed by other persons, interrupt and divert/create barriers on the flow of water or on the road or port traffic, adjacent which come to the Project Site if such interruption and diversion 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 attention of the Independent Engineer CONCESSIONAIRE, which approval shall not be unreasonably withheld. For might, in any way, adversely affect the avoidance terms 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 Engineerthis CONTRACT.
Appears in 1 contract
Samples: Account Management Contract
