Common use of Operation Period Clause in Contracts

Operation Period. 6.1 In respect of the Drawings, Documents and Safety Report received by the Third Party Inspector for its review and comments during the Operation Period, the provisions of Paragraph 4 shall apply, mutatis mutandis. 6.2 The Third Party Inspector shall review the annual Maintenance Programme furnished by the Developer and send its comments thereon to the JTDCL and the Developer within 7 (seven) days of receipt of the Maintenance Programme. 6.3 The Third Party Inspector shall review the quarterly status report furnished by the Developer and send its comments thereon to the JTDCL and the Developer within 7 (seven) days of receipt of such report. 6.4 The Third Party Inspector shall inspect the Project once every quarter, preferably after receipt of the quarterly status report from the Developer, but before the 20th (twentieth) day of the last month of each quarter in any case, and make out an O&M Inspection Report setting forth an overview of the status, quality and safety of O&M including its conformity with the Maintenance Requirements and Safety Requirements. In a separate section of the O&M Inspection Report, the Third Party Inspector shall describe in reasonable detail the lapses, defects or deficiencies observed by it in O&M of the Project. The Third Party Inspector shall send a copy of its O&M Inspection Report to the JTDCL and the Developer within 7 (seven) days of the inspection. 6.5 The Third Party Inspector may inspect the Project more than once in a quarter, if any lapses, defects or deficiencies require such inspections. 6.6 The Third Party Inspector shall in its O&M Inspection Report specify the tests, if any, that the Developer shall carry out, or cause to be carried out, for the purpose of determining that the Project is in conformity with the Maintenance Requirements. It shall monitor and review the results of such tests and the remedial measures, if any, taken by the Developer in this behalf. 6.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule 5, the Third Party Inspector shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit. 6.8 The Third Party Inspector shall determine if any delay has occurred in completion of repair or remedial works in accordance with the Agreement, and shall also determine the Damages, if any, payable by the Developer to the JTDCL for such delay. 6.9 The Third Party Inspector shall monitor and review the curing of defects and deficiencies by the Developer. 6.10 In the event that the Developer notifies the Third Party Inspector of any modifications that it proposes to make to the Project, the Third Party Inspector shall review the same and send its comments to the JTDCL and the Developer within 7 (seven) days of receiving the proposal.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Operation Period. 6.1 4.1 In respect of the Drawings, Documents and Safety Report Reports received by the Third Party Inspector Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 4 2 shall apply, mutatis mutandis. 6.2 4.2 The Third Party Inspector Independent Engineer shall review the annual Maintenance Programme furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Concessioning Authority and the Developer Concessionaire within 7 15 (sevenfifteen) days of receipt of the Maintenance Programme. 6.3 4.3 The Third Party Inspector Independent Engineer shall review the quarterly monthly status report furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Concessioning Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report. 6.4 4.4 The Third Party Inspector Independent Engineer shall inspect the Project once every quartermonth, preferably after receipt of the quarterly monthly status report from the DeveloperConcessionaire, but before the 20th (twentieth) day of the last each month of each quarter in any case, and make out an O&M Inspection Report setting forth an overview of the status, quality and safety of O&M including its conformity with the Maintenance Requirements and Safety Requirements. In a separate section of the O&M Inspection Report, the Third Party Inspector Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in O&M of the Project with particular reference to defects and deficiencies included in Annex-II to Schedule-K of the Project. The Third Party Inspector Independent Engineer shall send a copy of its O&M Inspection Report to the JTDCL Concessioning Authority and the Developer Concessionaire within 7 (seven) days of the inspection. 6.5 4.5 The Third Party Inspector Independent Engineer may inspect the Project more than once in a quartermonth, if any lapses, defects or deficiencies require such inspections. 6.6 4.6 The Third Party Inspector Independent Engineer shall in its O&M Inspection Report specify the tests, if any, that the Developer Concessionaire shall carry out, or cause to be carried out, for the purpose of determining that the Project is in conformity with the Maintenance Requirements. It shall monitor and review the results of such tests and the remedial measures, if any, taken by the Developer Concessionaire in this behalf. 6.7 4.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule 5Schedule-K, the Third Party Inspector Independent Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit. 6.8 4.8 The Third Party Inspector Independent Engineer shall determine if any delay has occurred in completion of repair or remedial works in accordance with the Agreement, and shall also determine the Damages, if any, payable by the Developer Concessionaire to the JTDCL Concessioning Authority for such delay. 6.9 4.9 The Third Party Inspector Independent Engineer shall examine the request of the Concessionaire for closure of any part of the Project for undertaking maintenance/ repair thereof, keeping in view the need to minimise disruption in traffic and the time required for completing such maintenance/repair in accordance with Good Industry Practice. It shall grant permission with such modifications, as it may deem necessary, within 3 (three) days of receiving a request from the Concessionaire. Upon expiry of the permitted period of closure, the Independent Engineer shall monitor the re-opening of such part, and in case of delay, determine the Damages payable by the Concessionaire to the Concessioning Authority under Clause 17.7. 4.10 The Independent Engineer shall monitor and review the curing of defects and deficiencies by the DeveloperConcessionaire as set forth in Clause 19.4. 6.10 4.11 In the event that the Developer Concessionaire notifies the Third Party Inspector Independent Engineer of any modifications that it proposes to make to the Project, the Third Party Inspector Independent Engineer shall review the same and send its comments to the JTDCL Concessioning Authority and the Developer Concessionaire within 7 15 (sevenfifteen) days of receiving the proposal. 4.12 The Independent Engineer shall undertake traffic sampling, as and when required by the Concessioning Authority, under and in accordance with Article 22 and Schedule-O.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Operation Period. 6.1 5.1 In respect of the Designs and Drawings, Documents and Safety Report received by the Third Party Inspector Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 4 shall apply, mutatis mutandis. 6.2 5.2 The Third Party Inspector Independent Engineer shall review the annual Maintenance Programme furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Authority and the Developer Concessionaire within 7 15 (sevenfifteen) days of receipt of the Maintenance Programme. 6.3 5.3 The Third Party Inspector Independent Engineer shall review the quarterly monthly status report furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report. 6.4 5.4 The Third Party Inspector Independent Engineer shall inspect the Project once every quartermonth, preferably after receipt of the quarterly monthly status report from the DeveloperConcessionaire, but before the 20th (twentieth) day of the last each month of each quarter in any case, and make out an O&M Inspection Report setting forth an overview of the status, quality and safety of O&M including its conformity with the Maintenance Requirements and Safety Requirements. In a separate section of the O&M Inspection Report, the Third Party Inspector Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in O&M of the Project. The Third Party Inspector Independent Engineer shall send a copy of its O&M Inspection Report to the JTDCL Authority and the Developer Concessionaire within 7 (seven) days of the inspection. 6.5 5.5 The Third Party Inspector Independent Engineer may inspect the Project more than once in a quartermonth, if any lapses, defects or deficiencies require such inspections. 6.6 5.6 The Third Party Inspector Independent Engineer shall in its O&M Inspection Report specify the tests, if any, that the Developer Concessionaire shall carry out, or cause to be carried out, for the purpose of determining that the Project is in conformity with the Maintenance Requirements. It shall monitor and review the results of such tests and the remedial measures, if any, taken by the Developer Concessionaire in this behalf. 6.7 5.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule 5deficiency, the Third Party Inspector Independent Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Technical Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit. 6.8 5.8 The Third Party Inspector Independent Engineer shall determine if any delay has occurred in completion of repair or remedial works in accordance with the Agreement, and shall also determine the Damages, if any, payable by the Developer Concessionaire to the JTDCL Authority for such delay. 6.9 5.9 The Third Party Inspector Independent Engineer shall examine the request of the Concessionaire for closure of any lane(s) of the carriageway for undertaking maintenance/repair thereof, keeping in view the need to minimise disruption in traffic and the time required for completing such maintenance/repair in accordance with Good Industry Practice. It shall grant permission with such modifications, as it may deem necessary, within 3 (three) days of receiving a request from the Concessionaire. Upon expiry of the permitted period of closure, the Independent Engineer shall monitor the re-opening of such lane(s), and in case of delay, determine the Damages payable by the Concessionaire to the Authority. 5.10 The Independent Engineer shall monitor and review the curing of defects and deficiencies by the DeveloperConcessionaire. 6.10 5.11 In the event that the Developer Concessionaire notifies the Third Party Inspector Independent Engineer of any modifications that it proposes to make to the Project, the Third Party Inspector Independent Engineer shall review the same and send its comments to the JTDCL Authority and the Developer Concessionaire within 7 15 (sevenfifteen) days of receiving the proposal.

Appears in 1 contract

Samples: Concession Agreement

Operation Period. (Post the initial 36 (thirty six) months term of this Agreement) 6.1 In respect of the Drawings, Documents and Safety Report received by the Third Party Inspector Consultant for its review and comments during the Operation Period, the . The provisions of Paragraph 4 shall apply, mutatis mutandis. 6.2 The Third Party Inspector Consultant shall review the annual Maintenance Programme furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Government and the Developer Concessionaire within 7 15 (sevenfifteen) days of receipt of the Maintenance Programme. 6.3 The Third Party Inspector Consultant shall review the quarterly monthly status report furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Government and the Developer Concessionaire within 7 (seven) days of receipt of such reportreports. 6.4 The Third Party Inspector Consultant shall inspect the Project once every quartermonth, preferably after receipt of the quarterly monthly status report from the Developer, Concessionaire; but before the 20th (twentieth) day of the last each month of each quarter in any case, and make out an O&M Inspection Report setting forth an overview of the status, quality and safety of O&M including its the conformity with the Maintenance Requirements and Safety Requirements. In a separate section of the O&M Inspection Report, the Third Party Inspector Consultant shall describe in reasonable detail the lapses, defects or deficiencies observed by it in O&M of the Project. The Third Party Inspector Consultant shall send a copy of its O&M Inspection Report to the JTDCL Government and the Developer Concessionaire within 7 (seven) days of the inspection. 6.5 The Third Party Inspector Consultant may inspect the Project more than once in a quarter, month if any lapses, defects or deficiencies require such inspections. 6.6 The Third Party Inspector Consultant shall in its O&M Inspection Report specify the tests, if any, that the Developer Concessionaire shall carry out, or cause to be carried out, out for the purpose of determining that the Project is in conformity with the Maintenance Requirements. It shall monitor and review the results of such tests and the remedial measures, if any, 'taken by the Developer Concessionaire in this behalf. 6.7 In respect of any defect or of deficiency referred to in Paragraph 3 Schedule, N of Schedule 5the Concession Agreement, the Third Party Inspector Consultant shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit. 6.8 The Third Party Inspector Consultant shall determine if any delay has occurred in completion of repair or remedial works work in accordance with the Agreement, and shall also determine the Damagesdamages, if any, payable by the Developer Concessionaire to the JTDCL Government for such delay. 6.9 The Third Party Inspector Consultant shall examine the request of the Concessionaire for closure of any lane(s) of the carriageway for undertaking maintenance/repair thereof, keeping in view the need to minimize disruption in traffic and the time required for completing such maintenance/repair in accordance with Good Industry Practice. It shall grant permission with such modifications, as it may deem necessary, within 3 (three) days of receiving a request from the Concessionaire. Upon expiry of the permitted period of closure, the Consultant shall monitor the reopening of such lane(s), and in case of delay, determine the Damages payable by the Concessionaire to the Government under Clause 17.7 of the Concession Agreement. 6.10 The Consultant shall monitor and review the curing of defects and deficiencies by the DeveloperConcessionaire as set forth in Clause 19.4 of the Concession Agreement. 6.10 6.11 In the event that the Developer Concessionaire notifies the Third Party Inspector Consultant of any modifications that it proposes to make to the Project, the Third Party Inspector Consultant shall review the same and send its comments to the JTDCL Government and the Developer Concessionaire within 7 15 (sevenfifteen) days of receiving the proposal.

Appears in 1 contract

Samples: Independent Engineering Consultancy Agreement

Operation Period. 6.1 In respect of the Drawings, Documents and Safety Report received by the Third Party Inspector Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 4 shall apply, mutatis mutandis. 6.2 The Third Party Inspector Independent Engineer shall review the annual Maintenance Programme furnished by the Developer Concessionaire and send its comments thereon to the JTDCL UPEIDA and the Developer Concessionaire within 7 15 (sevenfifteen) days of receipt of the Maintenance Programme. 6.3 The Third Party Inspector Independent Engineer shall review the quarterly monthly status report furnished by the Developer Concessionaire and send its comments thereon to the JTDCL UPEIDA and the Developer Concessionaire within 7 (seven) days of receipt of such report. 6.4 The Third Party Inspector Independent Engineer shall inspect the UGC Expressway Project once every quartermonth, preferably after receipt of the quarterly monthly status report from the DeveloperConcessionaire, but before the 20th (twentieth) day of the last each month of each quarter in any case, and make out an O&M Inspection Report setting forth an overview of the status, quality and safety of O&M including its conformity with the Maintenance Requirements and Safety Requirements. In a separate section of the O&M Inspection Report, the Third Party Inspector Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in O&M of the UGC Expressway Project. The Third Party Inspector Independent Engineer shall send a copy of its O&M Inspection Report to the JTDCL UPEIDA and the Developer Concessionaire within 7 (seven) days of the inspection. 6.5 The Third Party Inspector Independent Engineer may inspect the UGC Expressway Project more than once in a quartermonth, if any lapses, defects or deficiencies require such inspections. 6.6 The Third Party Inspector Independent Engineer shall in its O&M Inspection Report specify the tests, if any, that the Developer Concessionaire shall carry out, or cause to be carried out, for the purpose of determining that the UGC Expressway Project is in conformity with the Maintenance Requirements. It shall monitor and review the results of such tests and the remedial measures, if any, taken by the Developer Concessionaire in this behalf. 6.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule 5Schedule-K, the Third Party Inspector Independent Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit. 6.8 The Third Party Inspector Independent Engineer shall determine if any delay has occurred in completion of repair or remedial works in accordance with the Concession Agreement, and shall also determine the Damages, if any, payable by the Developer Concessionaire to the JTDCL UPEIDA for such delay. 6.9 The Third Party Inspector Independent Engineer shall examine the request of the Concessionaire for closure of any lane(s) of the carriageway for undertaking maintenance/repair thereof, keeping in view the need to minimise disruption in traffic and the time required for completing such maintenance/repair in accordance with Good Industry Practice. It shall grant permission with such modifications, as it may deem necessary, within 3 (three) days of receiving a request from the Concessionaire. Upon expiry of the permitted period of closure, the Independent Engineer shall monitor the re-opening of such lane(s), and in case of delay, determine the Damages payable by the Concessionaire to the UPEIDA under Clause 17.7. 6.10 The Independent Engineer shall monitor and review the curing of defects and deficiencies by the DeveloperConcessionaire as set forth in Clause 19.4. 6.10 6.11 In the event that the Developer Concessionaire notifies the Third Party Inspector Independent Engineer of any modifications that it proposes to make to the ProjectUGC Expressway Project , the Third Party Inspector Independent Engineer shall review the same and send its comments to the JTDCL UPEIDA and the Developer Concessionaire within 7 15 (sevenfifteen) days of receiving the proposal. 6.12 The Independent Engineer shall undertake traffic sampling, as and when required by the UPEIDA, under and in accordance with Article 22 and Schedule-O.

Appears in 1 contract

Samples: Non Technical Schedules

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Operation Period. 6.1 In respect of the Drawings, Documents and Safety Report received by the Third Party Inspector for its review and comments during the Operation Period, the provisions of Paragraph 4 shall apply, mutatis mutandis. 6.2 The Third Party Inspector Independent Health Consultant shall review the annual Maintenance Programme Service Quality Manual furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Authority and the Developer Concessionaire within 7 15 (sevenfifteen) days of receipt of the Maintenance ProgrammeService Quality Manual. 6.3 6.2 The Third Party Inspector Independent Health Consultant shall review the quarterly monthly status report furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report. 6.4 6.3 The Third Party Inspector Independent Health Consultant shall inspect the Project once every quarter, preferably after receipt of the quarterly status report from the Developer, but before the 20th (twentieth) day of the last month of each quarter in any caseon continuous basis, and make out an a IHC‟s O&M Inspection Report for each Payment Period setting forth an overview of the status, quality and safety of O&M Services including its conformity with the Maintenance Service Requirements and Safety Requirements. In a separate section of the IHC‟s O&M Inspection Report, the Third Party Inspector Independent Health Consultant shall describe in reasonable detail the lapses, defects or deficiencies observed by it in Services. [The IHC‟s O&M of Inspection Report shall also describe the Project. Service Failure Event and Quality Failure Event with respect to the Payment Period, and the applicable Deductions to the Payment for the period] The Third Party Inspector Independent Health Consultant shall send a copy of its IHC‟s O&M Inspection Report to the JTDCL Authority and the Developer Concessionaire within 7 3 (seventhree) days of the inspectionend of the Month. 6.5 6.4 The Third Party Inspector may inspect the Project more than once in a quarter, if any lapses, defects or deficiencies require such inspections. 6.6 The Third Party Inspector Independent Health Consultant shall in its IHC‟s O&M Inspection Report specify the tests, if any, that the Developer Concessionaire shall carry out, or cause to be carried out, for the purpose of determining that the Project is in conformity with the Maintenance Service Requirements. It shall monitor and review the results of such tests and the remedial measures, if any, taken by the Developer Concessionaire in this behalf. 6.7 In respect 6.5 The Independent Health Consultant shall examine the request of any defect or deficiency referred the Concessionaire for alternative location arrangement for Service within the project facility for undertaking maintenance/repair work, keeping in view the need to minimise disruption in Paragraph 3 of Schedule 5, services and the Third Party Inspector shall, time required for completing such maintenance/repair in conformity accordance with Good Industry Practice. It shall grant permission with such modifications, specify as it may deem necessary, within 5 (five) days of receiving a request from the permissible limit Concessionaire. Upon expiry of deviation or deterioration with reference to the Specifications and Standards and permitted period of relocation, the Independent Health Consultant shall also specify monitor the time limit for repair or rectification reopening of any deviation or deterioration beyond the permissible limit. 6.8 The Third Party Inspector shall determine if any delay has occurred in completion such part(s) of repair or remedial works in accordance with the AgreementProject Facility, and shall also in case of delay, determine the Damages, if any, Damages payable by the Developer Concessionaire to the JTDCL for such delayAuthority under Xxxxxx [●]. 6.9 6.6 The Third Party Inspector Independent Health Consultant shall monitor and review the curing of defects and deficiencies by the DeveloperConcessionaire as set forth in Clause 18.4. 6.10 6.7 In the event that the Developer Concessionaire notifies the Third Party Inspector Independent Health Consultant of any modifications that it proposes to make to the ProjectServices, the Third Party Inspector Independent Health Consultant shall review the same and send its comments to the JTDCL Authority and the Developer Concessionaire within 7 15 (sevenfifteen) days of receiving the proposal.

Appears in 1 contract

Samples: Public Private Partnership Agreement

Operation Period. 6.1 In respect of the Drawings, Documents and Safety Report reports (including safety report) received by the Third Party Inspector Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 4 shall apply, mutatis mutandis. 6.2 The Third Party Inspector Independent Engineer shall review the annual Maintenance Programme furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Authority and the Developer Concessionaire within 7 15 (sevenfifteen) days of receipt of the Maintenance Programme. 6.3 The Third Party Inspector Independent Engineer shall review the quarterly monthly status report furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report. 6.4 The Third Party Inspector Independent Engineer shall inspect the Project once every quartermonth, preferably after receipt of the quarterly monthly status report from the DeveloperConcessionaire, but before the 20th (twentieth) day of the last each month of each quarter in any case, and make out an IE‟s O&M Inspection Report setting forth an overview of the status, quality and safety of O&M including its conformity with the Service Requirements, Maintenance Requirements and Safety Requirements. In a separate section of the IE‟s O&M Inspection Report, the Third Party Inspector Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in O&M of the Project. The Third Party Inspector Independent Engineer shall send a copy of its IE‟s O&M Inspection Report to the JTDCL Authority and the Developer Concessionaire within 7 (seven) days of the inspection. 6.5 The Third Party Inspector Independent Engineer may inspect the Project more than once in a quartermonth, if any lapses, defects or deficiencies require such inspections. 6.6 The Third Party Inspector Independent Engineer shall in its IE‟s O&M Inspection Report specify the tests, if any, that the Developer Concessionaire shall carry out, or cause to be carried out, for the purpose of determining that the Project is in conformity with the Service Requirements, Maintenance Requirements and Safety Requirements. It shall monitor and review the results of such tests and the remedial measures, if any, taken by the Developer Concessionaire in this behalf. 6.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule 5Schedule-Q, the Third Party Inspector Independent Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit. 6.8 The Third Party Inspector Independent Engineer shall determine if any delay has occurred in completion of repair or remedial works in accordance with the Agreement, and shall also determine the Damages, if any, payable by the Developer Concessionaire to the JTDCL Authority for such delay. 6.9 The Third Party Inspector Independent Engineer shall examine the request of the Concessionaire for closure of any of the Services or part thereof for undertaking maintenance/repair thereof, keeping in view the need to minimise disruption and the time required for completing such maintenance/repair in accordance with Good Industry Practice. It shall grant permission with such modifications, as it may deem necessary, within 5 (five) days of receiving a request from the Concessionaire. Upon expiry of the permitted period of closure, the Independent Engineer shall monitor the reopening of such Services, and in case of delay, determine the Damages payable by the Concessionaire to the Authority under Clause 16.5. 6.10 The Independent Engineer shall monitor and review the curing of defects and deficiencies by the DeveloperConcessionaire as set forth in Clause 18.4. 6.10 6.11 In the event that the Developer Concessionaire notifies the Third Party Inspector Independent Engineer of any modifications that it proposes to make to the Project, the Third Party Inspector Independent Engineer shall review the same and send its comments to the JTDCL Authority and the Developer Concessionaire within 7 15 (sevenfifteen) days of receiving the proposal.

Appears in 1 contract

Samples: Public Private Partnership Agreement

Operation Period. 6.1 In respect of the Drawings, Drawings and Documents and Safety Report received by the Third Party Inspector Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 4 shall apply, mutatis mutandis. 6.2 . The Third Party Inspector Independent Engineer shall review the annual Maintenance Programme Program furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Authority and the Developer Concessionaire within 7 15 (sevenfifteen) days of receipt of the Maintenance Programme. 6.3 Program. The Third Party Inspector Independent Engineer shall review the quarterly monthly status report furnished by the Developer Concessionaire and send its comments thereon to the JTDCL Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report. 6.4 . The Third Party Inspector Independent Engineer shall inspect the Project once every quartermonth, preferably after receipt of the quarterly monthly status report from the DeveloperConcessionaire, but before the 20th (twentieth) day of the last each month of each quarter in any case, and make out an O&M Inspection Report setting forth an overview of the status, quality and safety of O&M including its conformity with the Maintenance Requirements and Safety Requirements. In a separate section of the O&M Inspection Report, the Third Party Inspector Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in O&M of the Project. The Third Party Inspector Independent Engineer shall send a copy of its O&M Inspection Report to the JTDCL Authority and the Developer Concessionaire within 7 (seven) days of the inspection. 6.5 . The Third Party Inspector Independent Engineer may inspect the Project more than once in a quartermonth, if any lapses, defects or deficiencies require such inspections. 6.6 . The Third Party Inspector Independent Engineer shall in its O&M Inspection Report specify the tests, if any, that the Developer Concessionaire shall carry out, or cause to be carried out, for the purpose of determining that the Project is in conformity with the Maintenance Requirements. It shall monitor and review the results of such tests and the remedial measures, if any, taken by the Developer Concessionaire in this behalf. 6.7 . In respect of any defect or deficiency referred to in Paragraph 3 of Schedule 5Schedule- K, the Third Party Inspector Independent Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit. 6.8 . The Third Party Inspector Independent Engineer shall determine if any delay has occurred in completion of repair or remedial works in accordance with the Agreement, and shall also determine the Damages, if any, payable by the Developer Concessionaire to the JTDCL Authority for such delay. 6.9 . The Third Party Inspector Independent Engineer shall examine the request of the Concessionaire for closure of any part of the Project for undertaking maintenance/repair thereof, keeping in view the need to minimize disruption in traffic and the time required for completing such maintenance/repair in accordance with Good Industry Practice. It shall grant permission with such modifications, as it may deem necessary, within 3 (three) days of receiving a request from the Concessionaire. Upon expiry of the permitted period of closure, the Independent Engineer shall monitor the re-opening of such Project Facilities, and in case of delay, determine the Damages payable by the Concessionaire to the Authority under Clause 17.7. The Independent Engineer shall monitor and review the curing of defects and deficiencies by the Developer. 6.10 Concessionaire as set forth in Clause 19.4. In the event that the Developer Concessionaire notifies the Third Party Inspector Independent Engineer of any modifications that it proposes to make to the Project, the Third Party Inspector Independent Engineer shall review the same and send its comments to the JTDCL Authority and the Developer Concessionaire within 7 15 (sevenfifteen) days of receiving the proposal.

Appears in 1 contract

Samples: Concession Agreement

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