Common use of Operation and Maintenance of the Project Clause in Contracts

Operation and Maintenance of the Project. Section 6.5.1 O&M Works (a) Effective from date of Commercial Operations of a Project Facility and until the end of the Concession Period, the Concessionaire shall undertake, at its cost and risk, the operation and maintenance of the relevant Project Facility (and of the Project from Project Completion) including the buildings, the common areas, the landscape and other spaces, the parking lots/spaces, the infrastructure, works, fire-fighting and other systems and the common services and facilities, in accordance with the provisions of this Agreement, including the Specifications and Standards, Good Industry Practice, Applicable Laws and conditions of Applicable Permits, by itself or, subject to the provisions of Section 5.1.2 through O&M Contractor(s) or through suitable management/service contractors, without in any way relieving the Concessionaire of its responsibilities, obligations and liabilities as set out in this Agreement; provided that the O&M Contractors shall be appointed not less than 2 (Two) Months before the Scheduled Project Completion or Project Completion, whichever is earlier. Within 2 (two) weeks of the appointment of such contractors the Concessionaire shall inform the Authority of their appointment. The O&M operators appointed shall have minimum 3 Years of experience in such operations. (b) The Concessionaire shall exercise appropriate control over the O&M Contractors and shall manage, direct, administer and supervise their working so as to ensure compliance with the provisions of this Agreement. (c) The Concessionaire shall make appropriate arrangements for security at the Site and abide by the security regulations/procedures prescribed by the Authority or any Government Authority from time to time. The Concessionaire may secure assistance of the police force for maintaining security upon payment of routine charges for such services. (d) The Concessionaire or the Persons claiming through or under it shall be free to determine the User Charges at market driven rates in respect of the use of the Project/Project Facilities or the goods, services, facilities or amenities provided thereat and shall have the right to demand, collect, retain and appropriate and revise the User Charges; provided that the same shall be in compliance with the requirements, if any, under the Applicable Laws, terms of Applicable Permits and Good Industry Practice.

Operation and Maintenance of the Project. Section 6.5.1 O&M Works (a) Effective from date of Commercial Operations of a Project Facility and until the end of the Concession Period, the Concessionaire shall undertake, at its cost and risk, the operation and maintenance of the relevant Project Facility (and of the Project from Project Completion) including the buildings, the common areas, the landscape and other spaces, the parking lots/spaces, the infrastructure, works, fire-fighting and other systems and the common services and facilities, in accordance with the provisions of this Agreement, including the Specifications and Standards, Good Industry Practice, Applicable Laws and conditions of Applicable Permits, by itself or, subject to the provisions of Section 5.1.2 through O&M Contractor(s) or through suitable management/service contractors, without in any way relieving the Concessionaire of its responsibilities, obligations and liabilities as set out in this Agreement; provided that the O&M Contractors shall be appointed not less than 2 (Twotwo) Months months before the Scheduled Project Completion or Project Completion, whichever is earlier. Within 2 (two) weeks of the appointment of such contractors the Concessionaire shall inform the Authority of their appointment. The O&M operators appointed shall have minimum 3 Years of experience in such operations. (b) The Concessionaire shall exercise appropriate control over the O&M Contractors and shall manage, direct, administer and supervise their working so as to ensure compliance with the provisions of this Agreement. (c) The Concessionaire shall make appropriate arrangements for security at the Site and abide by the security regulations/procedures prescribed by the Authority or any Government Authority from time to time. The Concessionaire may secure assistance of the police force for maintaining security upon payment of routine charges for such services. (d) The Concessionaire or the Persons claiming through or under it shall be free to determine the User Charges at market driven rates in respect of the use of the Project/Project Facilities or the goods, services, facilities or amenities provided thereat and shall have the right to demand, collect, retain and appropriate and revise the User Charges; provided that the same shall be in compliance with the requirements, if any, under the Applicable Laws, terms of Applicable Permits and Good Industry Practice.

Operation and Maintenance of the Project. Section 6.5.1 O&M Worksfacilty (a) Effective from date The Concessionaire shall operate and maintain the Project Facilities in accordance with the O&M Requirements in terms of Commercial Operations of a Project Facility Schedule 4. (b) The Concessionaire may undertake operations and until the end maintenance of the Concession PeriodProject Facilities by itself or through a Contractor possessing requisite technical, financial and managerial expertise/capability; but in either case, the Concessionaire shall undertakeremain solely responsible to meet the O&M Requirements. (c) The Concessionaire shall, at its cost during the Operations Period: i. have requisite organisation and riskdesignate and appoint suitable officers/ representatives as it may deem appropriate to supervise the Project Facilities, to deal with the operation personnel deployed by EDMC/ Project Engineer for monitoring proper operations and maintenance of the relevant Project, consistent with the O&M Manual and the O&M Requirements, and to be responsible for all necessary exchange of information required pursuant to this Agreement; ii. For the purposes of determining that the Project Facility Facilities are being maintained in accordance with the O&M Requirements, the Concessionaire shall with due diligence carry out all necessary and periodical Tests in accordance with and as per the instructions of EDMC/ Project Engineer and such Tests shall be carried out under the supervision of personnel deputed by EDMC/ Project Engineer. The Concessionaire shall maintain proper record of such Tests and the remedial measures taken to cure the defects or deficiencies, if any, indicated by the Test results. (d) In the event the Concessionaire has failed to operate and maintain the Project Facilities in accordance with the O&M Requirements, and such failure has not been remedied despite a notice to that effect issued by the EDMC (“Notice to Remedy”), EDMC may, without prejudice to any of its other rights/remedies under this Agreement, be entitled to cause the repair and maintenance of the Project from Project CompletionFacilities at the risk and cost of the Concessionaire. The Concessionaire shall reimburse one and half times the costs incurred by EDMC on account of such repair and maintenance within 7 days of receipt of EDMC’s claim therefore. (e) including the buildingsThe Concessionaire shall be deemed to be in material breach of O&M Requirements, the common areasif EDMC, the landscape acting reasonably and other spaces, the parking lots/spaces, the infrastructure, works, fire-fighting and other systems and the common services and facilities, in accordance with the provisions of this Agreement, including has determined that due to breach of its obligations by the Specifications and Standards, Good Industry Practice, Applicable Laws and conditions Concessionaire, i. the maintenance of Applicable Permits, the Project Facilities or any part thereof has deteriorated to a level which is below the acceptance level prescribed by itself or, subject the O&M Requirements; ii. there has been a serious or persistent breach in adhering to the provisions O&M Requirements and thereby the Project Facilities or any part thereof is not safe for operations; For avoidance of Section 5.1.2 through doubt, persistent breach shall mean : a. any breach of O&M Contractor(s) or through suitable management/service contractors, without in any way relieving Requirements by the Concessionaire of its responsibilities, obligations and liabilities as set out in this Agreement; provided that the O&M Contractors shall be appointed which has not less than 2 (Two) Months before the Scheduled Project Completion or Project Completion, whichever is earlier. Within 2 (two) weeks of the appointment of such contractors been remedied by the Concessionaire shall inform despite a Notice to Remedy in respect thereof issued by the Authority EDMC; b. recurrence of their appointment. The O&M operators appointed shall a breach by the Concessionaire, during the pendency of Notice to Remedy by the EDMC requiring the Concessionaire to remedy a breach, and c. repeated occurrence of a breach notwithstanding that earlier breaches have minimum 3 Years of experience in such operationsbeen remedied pursuant to Notice to Remedy or otherwise. (bf) The Concessionaire shall exercise appropriate control over the Upon occurrence of a Material Breach of O&M Contractors Requirements, EDMC shall, without prejudice to and shall managenotwithstanding any other consequences provided therefor under this Agreement, direct, administer and supervise their working so as be entitled to ensure compliance with the provisions of terminate this Agreement. (c) The Concessionaire shall make appropriate arrangements for security at the Site and abide by the security regulations/procedures prescribed by the Authority or any Government Authority from time to time. The Concessionaire may secure assistance of the police force for maintaining security upon payment of routine charges for such services. (d) The Concessionaire or the Persons claiming through or under it shall be free to determine the User Charges at market driven rates in respect of the use of the Project/Project Facilities or the goods, services, facilities or amenities provided thereat and shall have the right to demand, collect, retain and appropriate and revise the User Charges; provided that the same shall be in compliance with the requirements, if any, under the Applicable Laws, terms of Applicable Permits and Good Industry Practice.

Operation and Maintenance of the Project. Section 6.5.1 O&M Works (a) Effective from date of Commercial Operations of a Project Facility and until the end of the Concession Period, the Concessionaire shall undertake, at its cost and risk, the operation and maintenance of the relevant Project Facility (and of the Project from Project Completion) including the buildings, the common areas, the landscape and other spaces, the parking lots/spaces, the infrastructure, works, fire-fighting and other systems and the common services and facilities, in accordance with the provisions of this Agreement, including the Specifications and Standards, Good Industry Practice, Applicable Laws and conditions of Applicable Permits, by itself or, subject to the provisions of Section 5.1.2 through O&M Contractor(s) or through suitable management/service contractors, without in any way relieving the Concessionaire of its responsibilities, obligations and liabilities as set out in this Agreement; provided that the O&M Contractors shall be appointed not less than 2 1 (TwoOne) Months Month before the Scheduled Project Completion or Project Completion, whichever is earlier. Within 2 (two) weeks of the appointment of such contractors the Concessionaire shall inform the Authority of their appointment. The O&M operators appointed shall have minimum 3 Years of experience in such operations. (b) The Concessionaire shall exercise appropriate control over the O&M Contractors and shall manage, direct, administer and supervise their working so as to ensure compliance with the provisions of this Agreement. (c) The Concessionaire shall make appropriate arrangements for security at the Site and abide by the security regulations/procedures prescribed by the Authority or any Government Authority from time to time. The Concessionaire may secure assistance of the police force for maintaining security upon payment of routine charges for such services. (d) The Concessionaire or the Persons claiming through or under it shall be free to determine the User Charges at market driven rates in respect of the use of the Project/Project Facilities or the goods, services, facilities or amenities provided thereat and shall have the right to demand, collect, retain and appropriate and revise the User Charges; provided that the same shall be in compliance with the requirements, if any, under the Applicable Laws, terms of Applicable Permits and Good Industry Practice.

Operation and Maintenance of the Project. Section 6.5.1 O&M Works (a) Effective from date of Commercial Operations of a Project Facility and until the end of the Concession Period, the Concessionaire shall undertake, at its cost and risk, the operation and maintenance of the relevant Project Facility (and of the Project from Project Completion) including the buildings, the common areas, the landscape and other spaces, the parking lots/spaces, the infrastructure, works, fire-fighting and other systems and the common services and facilities, in accordance with the provisions of this Agreement, including the Specifications and Standards, Good Industry Practice, Applicable Laws and conditions of Applicable Permits, by itself or, subject to the provisions of Section 5.1.2 through O&M Contractor(s) or through suitable management/service contractors, without in any way relieving the Concessionaire of its responsibilities, obligations and liabilities as set out in this Agreement; provided that the O&M Contractors shall be appointed not less than 2 (Twotwo) Months before the Scheduled Project Completion or Project Completion, whichever is earlier. Within 2 (two) weeks of the appointment of such contractors the Concessionaire shall inform the Authority of their appointment. The O&M operators appointed shall have minimum 3 Years of experience in such operations. (b) The Concessionaire shall exercise appropriate control over the O&M Contractors and shall manage, direct, administer and supervise their working so as to ensure compliance with the provisions of this Agreement. (c) The Concessionaire shall make appropriate arrangements for security at the Site and abide by the security regulations/procedures prescribed by the Authority or any Government Authority from time to time. The Concessionaire may secure assistance of the police force for maintaining security upon payment of routine charges for such services. (d) The Concessionaire or the Persons claiming through or under it shall be free to determine the User Charges at market driven rates in respect of the use of the Project/Project Facilities or the goods, services, facilities or amenities provided thereat and shall have the right to demand, collect, retain and appropriate and revise the User Charges; provided that the same shall be in compliance with the requirements, if any, under the Applicable Laws, terms of Applicable Permits and Good Industry Practice.