Common use of Obligations of the Mine Operator Clause in Contracts

Obligations of the Mine Operator. 5.1.1 Subject to, and on the terms and conditions of this Agreement, the Mine Operator shall, at its own cost and expense, procure, finance for, and undertake the design, engineering, procurement, construction and operation of the Mines for excavation and Delivery of Coal, and shall observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The Mine Operator 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 Mine Operator shall discharge its obligations in accordance with Standard Industry Practice and as a reasonable and prudent person. 5.1.4 The Mine Operator 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 Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits, and obtain and keep in force and effect such Applicable Permits in conformity with Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes, know-how and systems used or incorporated into the development and operation of the Mines and excavation of Coal; (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) comply with, ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Mine Operator's obligations under this Agreement; (f) 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 violate any of the provisions of this Agreement; (g) procure that all equipment and facilities at the Mines are operated and maintained in accordance with the Specifications and Standards, Maintenance Requirements, Safety Requirements and Standard Industry Practice; (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) take all reasonable precautions for the prevention of accidents at the Mines and provide all reasonable assistance and emergency medical aid to accident victims; and (j) transfer the Project Assets to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.

Obligations of the Mine Operator. ‌ 5.1.1 Subject to, and on the terms and conditions of this Agreement, the Mine Operator shall, at its own cost and expense, procure, finance for, and undertake the exploration, planning, design, engineering, procurement, construction construction, development and operation of the Mines for excavation and Delivery of Coal, and shall observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The Mine Operator shall comply with all Applicable Laws and Laws, Applicable Permits (including renewals as required) and all other statutory clearances 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 Mine Operator shall discharge its obligations in accordance with Standard Industry Practice and as a reasonable and prudent person. 5.1.4 The Mine Operator shall ensure compliance in all respects with all Applicable Laws in relation to its employees, independent Contractors, sub-contractors, or other persons providing services to or on behalf of the Mine Operator, including all laws relating to wages, hours of work, employment standards, collective bargaining, discrimination, civil rights, safety and health, compensation. 5.1.5 The Mine Operator 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 Instrumentalities with such particulars and details as may be required for obtaining the Applicable Permits, and obtain and keep in force and effect such Applicable Permits in conformity with Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes, know-how and systems used or incorporated into the exploration, planning, development and operation of the Mines and excavation of Coal; (c) procure and maintain all Applicable Permits, including but not limited to, the procurement of explosives, drilling and blasting and creation of an explosives storage facility considering all conditions specified in the explosives license for such facility. It is hereby clarified that the costs of explosives shall be borne by the Mine Operator though the explosives license shall be procured and issued in the name of the Authority and a copy of such license shall be provided to the Mine Operator; (d) perform and fulfill its obligations under the Financing Agreements; (de) procure issuance of all Applicable Permits required for exploration of the Mines from the relevant Government Instrumentalities in accordance with Applicable Laws; (f) procure issuance of the environmental clearance from the Ministry of Environment, Forests and Climate Change, Government of India. The Authority authorises the Mine Operator to procure the issuance of such clearance and make payment of statutory costs and fees towards such procurement on behalf of the Authority by acting as the Pure Agent of the Authority. The Authority shall reimburse the Mine Operator for such payments made by the Mine Operator in accordance with Clause 29.1.6 of this Agreement; (g) procure issuance of the forest clearances (including that required for exploration) from the Ministry of Environment, Forests and Climate Change, Government of India. The Authority authorizes the Mine Operator to procure the issuance of such clearances and make payment of statutory costs and fees towards such procurement on behalf of the Authority by acting as the Pure Agent of the Authority. The Authority shall reimburse the Mine Operator for such payments made by the Mine Operator in accordance with Clause 29.1.6 of this Agreement; (h) 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; (ei) comply with, ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Mine Operator's obligations under this Agreement, including but not limited to compliance with Applicable Laws in relation to its employees, independent Contractors, sub-contractors, or other persons providing services to or on behalf of the Mine Operator; (fj) 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 violate any of the provisions of this Agreement; (gk) procure that all equipment and facilities at the Mines are operated and maintained in accordance with the Specifications and Standards, Maintenance Requirements, Safety Requirements and Standard Industry Practice; ; (hl) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement; (i) take all reasonable precautions for the prevention of accidents at the Mines and provide all reasonable assistance and emergency medical aid to accident victims; and (j) transfer the Project Assets to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.

Obligations of the Mine Operator. 5.1.1 Subject to, and on the terms and conditions of this Agreement, the Mine Operator shall, at its own cost and expense, procure, finance for, and undertake the design, engineering, procurement, construction construction, re-opening, development and operation of the Mines for excavation excavation/ extraction and Delivery of Coal and also Selling of Coal, and shall observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The Mine Operator 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 Mine Operator shall discharge its obligations in accordance with Standard Industry Practice Practice, Applicable Laws and as a reasonable and prudent person. 5.1.4 The Mine Operator shall ensure compliance in all respects with all Applicable Laws in relation to its employees, independent contractors, sub-contractors, or other persons providing services to or on behalf of the Mine Operator, including all laws relating to wages, hours of work, employment standards, collective bargaining, discrimination, civil rights, safety and health compensation. 5.1.5 The Mine Operator 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 Instrumentalities with such particulars and details as may be required for obtaining the Applicable Permits, and obtain and keep in force and effect such Applicable Permits in conformity with Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes, know-how and systems used or incorporated into the re-opening, development and operation of the Mines and excavation excavation/extraction of Coal; (c) procure and maintain all Applicable Permits, including but not limited to the procurement of explosives, drilling and blasting and creation of an explosive storage facility considering all conditions specified in the explosive license for such facility. It is hereby clarified that the cost of explosives shall be borne by the Mine Operator though the explosives license shall be procured and issued in the name of the Authority and a copy of such license shall be provided to the Mine Operator by the Authority; (d) perform and fulfill its obligations under the Financing Agreements; (de) procure issuance of all Applicable Permits required for re-opening of the Mines from the DGMS; (f) procure issuance of the environmental clearance from the Ministry of Environment, Forests and Climate Change, Government of India; (g) [procure issuance of the forest clearance from the Ministry of Environment, Forests and Climate Change, Government of India]; (h) 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; (ei) comply with, ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Mine Operator's obligations under this Agreement, including but not limited to compliance with Applicable Laws in relation to its employees, independent contractors, sub-contractors, or other persons providing services to or on behalf of the Mine Operator; (fj) 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 violate any of the provisions of this Agreement; (gk) procure ensure that all equipment and facilities at the Mines are operated and maintained in accordance with the Specifications and Standards, Maintenance Requirements, Safety Requirements and Standard Industry Practice; (hl) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement; (im) take all reasonable precautions for the prevention of accidents at the Mines and provide all reasonable assistance and emergency medical aid to the accident victims; and; (jn) transfer the Project Assets to the Authority upon Termination of this Agreement, in accordance with the provisions thereof; (o) take all necessary steps in relation to the Project Specific Assets and any other tangible assets, as required, pursuant to and in accordance with Clause 37.3 and Clause 37.5.2 of this Agreement upon Termination of this Agreement on its expiration; (p) agree to be liable for all the residuary obligations relating to the Project if not specifically stated herein in the scope of any of the parties and undertake to fulfil such residuary obligations at its own risk and cost; and (q) Selling of Coal on behalf of the Authority.

Obligations of the Mine Operator. ‌ 5.1.1 Subject to, and on the terms and conditions of this Agreement, the Mine Operator shall, at its own cost and expense, procure, finance for, and undertake the design, engineering, procurement, construction and operation of the Mines for excavation and Delivery of Coal, and shall observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The Mine Operator 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 Mine Operator shall discharge its obligations in accordance with Standard Industry Practice and as a reasonable and prudent person. 5.1.4 The Mine Operator 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 Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits, and obtain and keep in force and effect such Applicable Permits in conformity with Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes, know-how and systems used or incorporated into the development and operation of the Mines and excavation of Coal; (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) comply with, ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Mine Operator's obligations under this Agreement; (f) 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 violate any of the provisions of this Agreement; (g) procure that all equipment and facilities at the Mines are operated and maintained in accordance with the Specifications and Standards, Maintenance Requirements, Safety Requirements and Standard Industry Practice; ; (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) take all reasonable precautions for the prevention of accidents at the Mines and provide all reasonable assistance and emergency medical aid to accident victims; and (j) transfer the Project Assets to the Authority upon Termination of this Agreement, in accordance with the provisions thereof.

Obligations of the Mine Operator. 5.1.1 Subject to, and on the terms and conditions of this Agreement, the Mine Operator shall, at its own cost and expense, procure, finance for, and undertake the design, engineering, procurement, construction construction, re-opening, development and operation of the Mines for excavation Minesfor excavation/extraction and Delivery of Coaland also Selling of Coal, and shall observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The Mine Operator 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 Mine Operator shall discharge its obligations in accordance with Standard Industry Practice Practice,Applicable Laws and as a reasonable and prudent person. 5.1.4 The Mine Operator shall ensure compliance in all respects with all Applicable Laws in relation to its employees, independent contractors, sub-contractors, or other persons providing services to or on behalf of the Mine Operator, including all laws relating to wages, hours of work, employment standards, collective bargaining, discrimination, civil rights, safety and health compensation. 5.1.5 The Mine Operator 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 Instrumentalities with such particulars and details as may be required for obtaining the Applicable Permits, and obtain and keep in force and effect such Applicable Permits in conformity with Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes, know-how and systems used or incorporated into the re-opening, development and operation of the Mines and excavation excavation/extraction of Coal; (c) procure and maintain all Applicable Permits, including but not limited to the procurement of explosives, drilling and blasting and creation of an explosive storage facility considering all conditions specified in the explosive license for such facility. It is hereby clarified that the cost of explosives shall be borne by the Mine Operator though the explosives license shall be procured and issued in the name of the Authority and a copy of such license shall be provided to the Mine Operator by the Authority; (d) perform and fulfill its obligations under the Financing Agreements; (de) procure issuance of all Applicable Permits required for re-opening of theMines from the DGMS; (f) procure issuance of the environmental clearance from the Ministry of Environment, Forests and Climate Change, Government of India; (g) procure issuance of the forest clearance from the Ministry of Environment, Forests and Climate Change, Government of India; (h) 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; (ei) comply with, ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Mine Operator's obligations under this Agreement,including but not limited to compliance with Applicable Laws in relation to its employees, independent contractors, sub-contractors, or other persons providing services to or on behalf of the Mine Operator; (fj) 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 violate any of the provisions of this Agreement; (gk) procure that ensurethat all equipment and facilities at the Mines are operated and maintained in accordance with the Specifications and Standards, Maintenance Requirements,MaintenanceRequirements, Safety Requirements and Standard Industry Practice; (hl) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement; (im) take all reasonable precautions for the prevention of accidents at the Mines and provide all reasonable assistance and emergency medical aid to the accident victims; and; (jn) transfer the Project Assets to the Authority upon Termination of this Agreement, in accordance with the provisions thereof; (o) take all necessary steps in relation to the Project Specific Assets and any other tangible assets, as required, pursuant to and in accordance with Clause 37.3 and Clause 37.5.2 of this Agreement upon Termination of this Agreement on its expiration; (p) agree to be liable for all the residuary obligations relating to the Project if not specifically stated herein in the scope of any of the parties and undertake to fulfil such residuary obligations at its own risk and cost; and (q) Selling of Coal on behalf of the Authority.