Obligations relating to Competing Roads. The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety percent) of its designed capacity specified in Clause
Obligations relating to Competing Roads. The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any 3 (three) consecutive years exceeds 90% (ninety percent) of its designed capacity as stipulated in the Specifications and Standards. Upon breach of its obligations hereunder, the provisions of the Fee Rules shall apply.
Obligations relating to Competing Roads. The MPRDC shall procure that during the subsistence of this Agreement, neither the MPRDC nor any Government Instrumentality shall, at any time before the 10th anniversary of the Appointed Date, construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety per cent) of its designed capacity specified in Clause 29.2.
Obligations relating to Competing Roads. The Government shall procure that during the subsistence of this Agreement, neither the Government nor any Government Instrumentality shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety per cent) of its designed capacity as stipulated in the Specifications and Standards. Upon breach of its obligations hereunder, the Government shall be liable to payment of compensation to the Concessionaire under and in accordance with Clause 27, and such compensation shall be the sole remedy of the Concessionaire.
Obligations relating to Competing Roads. The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Road in any three consecutive years exceeds 90% (ninety per cent) of its designed capacity as stipulated in the Specifications and Standards. It is clarified that the proposed roads/structures under the current master plan 2031 as published by Hyderabad Metropolitan Development Authority and the widening of the Service Roads shall not be a Competing 6 In case of Annuity Concession/New EPC and to be deleted in case of Item Rate Road.
Obligations relating to Competing Roads. MPRDC shall procure that during the subsistence of this Agreement, neither the Government nor any Government Instrumentality shall, at any time before the 10th (tenth)
Obligations relating to Competing Roads. The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any three consecutive years exceeds 90% (ninety per cent) of its designed capacity as stipulated in the Specifications and Standards. Upon breach of its obligations hereunder, the provisions of clause 12 and Section 17 of the The National Highways Fee (Determination of Rates and Collection) Rules, 2008 and any applicable amendments thereof shall apply. Upon request made by the Concessionaire to this effect, the Authority shall, in conformity with any regulations or guidelines that may be notified by the Government or the Reserve Bank of India, as the case may be, permit and enable the Concessionaire to secure refinancing on such terms as may be agreed upon between the Concessionaire and the entity providing such refinancing; provided, however that the refinancing hereunder shall always be subject to the prior consent of the Authority, which consent shall not be unreasonably withheld. The Authority shall endeavour to convey its decision on such request of the concessionaire within 30 days of receipt of the proposal by the Authority. –––––––––––––––––––––––––– 5 In case of Annuity Concession/ New EPC and to be deleted in case of Item Rate 6 In case of Annuity Concession/ New EPC 7 In case of Annuity Concession/ New EPC 8 In case of Annuity Concession/ New EPC
Obligations relating to Competing Roads. The MPRDC shall procure that during the subsistence of this Agreement, neither the MPRDC nor any Government Instrumentality shall, at any time before the 10th anniversary of the Appointed Date, construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety per cent) of its designed capacity i.e. 50000 PCU's. Upon breach of its obligations hereunder, the MPRDC shall be liable to payment of compensation to the Concessionaire under and in accordance with Clause 35.4.
Obligations relating to Competing Roads. MPRDC shall procure that during the subsistence of this Agreement, neither MPRDC nor any Government Instrumentality
Obligations relating to Competing Roads
