Common use of Operation Period Clause in Contracts

Operation Period. 4.1 In respect of the Drawings, Documents and Reports received by the Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 2 shall apply, mutatis mutandis. 4.2 The Independent Engineer shall review the annual Maintenance Programme furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 15 (fifteen) days of receipt of the Maintenance Programme. 4.3 The Independent Engineer shall review the monthly status report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 4.4 The Independent Engineer shall inspect the Project once every month, preferably after receipt of the monthly status report from the Concessionaire, but before the 20th (twentieth) day of each month 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 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 Independent Engineer shall send a copy of its O&M Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 4.5 The Independent Engineer may inspect the Project more than once in a month, if any lapses, defects or deficiencies require such inspections. 4.6 The Independent Engineer shall in its O&M Inspection Report specify the tests, if any, that the 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 Concessionaire in this behalf. 4.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-K, the 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. 4.8 The 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 Concessionaire to the Concessioning Authority for such delay. 4.9 The 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 Concessionaire as set forth in Clause 19.4. 4.11 In the event that the Concessionaire notifies the Independent Engineer of any modifications that it proposes to make to the Project, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire within 15 (fifteen) 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.

Operation Period. 4.1 6.1 In respect of the Drawings, Documents and Reports Safety Report received by the Independent Engineer Third Party Inspector for its review and comments during the Operation Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 4.2 6.2 The Independent Engineer Third Party Inspector shall review the annual Maintenance Programme furnished by the Concessionaire Developer and send its comments thereon to the Concessioning Authority JTDCL and the Concessionaire Developer within 15 7 (fifteenseven) days of receipt of the Maintenance Programme. 4.3 6.3 The Independent Engineer Third Party Inspector shall review the monthly quarterly status report furnished by the Concessionaire Developer and send its comments thereon to the Concessioning Authority JTDCL and the Concessionaire Developer within 7 (seven) days of receipt of such report. 4.4 6.4 The Independent Engineer Third Party Inspector shall inspect the Project once every monthquarter, preferably after receipt of the monthly quarterly status report from the ConcessionaireDeveloper, but before the 20th (twentieth) day of the last month of each month 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 Independent Engineer Third Party Inspector 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 Independent Engineer Third Party Inspector shall send a copy of its O&M Inspection Report to the Concessioning Authority JTDCL and the Concessionaire Developer within 7 (seven) days of the inspection. 4.5 6.5 The Independent Engineer Third Party Inspector may inspect the Project more than once in a monthquarter, if any lapses, defects or deficiencies require such inspections. 4.6 6.6 The Independent Engineer Third Party Inspector shall in its O&M Inspection Report specify the tests, if any, that the Concessionaire 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 Concessionaire Developer in this behalf. 4.7 6.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-KSchedule 5, the Independent Engineer 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. 4.8 6.8 The Independent Engineer 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 Concessionaire Developer to the Concessioning Authority JTDCL for such delay. 4.9 6.9 The 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 Third Party Inspector shall monitor and review the curing of defects and deficiencies by the Concessionaire as set forth in Clause 19.4Developer. 4.11 6.10 In the event that the Concessionaire Developer notifies the Independent Engineer Third Party Inspector of any modifications that it proposes to make to the Project, the Independent Engineer Third Party Inspector shall review the same and send its comments to the Concessioning Authority JTDCL and the Concessionaire Developer within 15 7 (fifteenseven) 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.

Operation Period. 4.1 In respect of the Drawings, Documents and Reports received by the Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 2 shall apply, mutatis mutandis. 4.2 6.1 The Independent Engineer Health Consultant shall review the annual Maintenance Programme Service Quality Manual furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 15 (fifteen) days of receipt of the Maintenance ProgrammeService Quality Manual. 4.3 6.2 The Independent Engineer Health Consultant shall review the monthly status report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 4.4 6.3 The Independent Engineer Health Consultant shall inspect the Project once every month, preferably after receipt of the monthly status report from the Concessionaire, but before the 20th (twentieth) day of each month 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 Independent Engineer 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 particular reference respect to defects the Payment Period, and deficiencies included in Annex-II the applicable Deductions to Schedule-K of the Project. Payment for the period] The Independent Engineer Health Consultant shall send a copy of its IHC‟s O&M Inspection Report to the Concessioning Authority and the Concessionaire within 7 3 (seventhree) days of the inspectionend of the Month. 4.5 6.4 The Independent Engineer may inspect the Project more than once in a month, if any lapses, defects or deficiencies require such inspections. 4.6 The Independent Engineer Health Consultant shall in its IHC‟s O&M Inspection Report specify the tests, if any, that the 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 Concessionaire in this behalf. 4.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-K, the 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. 4.8 6.5 The 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 Concessionaire to the Concessioning Authority for such delay. 4.9 The Independent Engineer Health Consultant shall examine the request of the Concessionaire for closure of any part of alternative location arrangement for Service within the Project project facility for undertaking maintenance/ maintenance/repair thereofwork, keeping in view the need to minimise disruption in traffic services 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 5 (threefive) days of receiving a request from the Concessionaire. Upon expiry of the permitted period of closurerelocation, the Independent Engineer Health Consultant shall monitor the re-opening reopening of such partpart(s) of Project Facility, and in case of delay, determine the Damages payable by the Concessionaire to the Concessioning Authority under Clause 17.7Xxxxxx [●]. 4.10 6.6 The Independent Engineer Health Consultant shall monitor and review the curing of defects and deficiencies by the Concessionaire as set forth in Clause 19.418.4. 4.11 6.7 In the event that the Concessionaire notifies the Independent Engineer Health Consultant of any modifications that it proposes to make to the ProjectServices, the Independent Engineer Health Consultant shall review the same and send its comments to the Concessioning Authority and the Concessionaire within 15 (fifteen) 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.

Operation Period. 4.1 6.1 In respect of the Drawings, Documents and Reports reports (including safety report) received by the Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 4.2 6.2 The Independent Engineer shall review the annual Maintenance Programme furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 15 (fifteen) days of receipt of the Maintenance Programme. 4.3 6.3 The Independent Engineer shall review the monthly status report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 4.4 6.4 The Independent Engineer shall inspect the Project once every month, preferably after receipt of the monthly status report from the Concessionaire, but before the 20th (twentieth) day of each month 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 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 Independent Engineer shall send a copy of its IE‟s O&M Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 4.5 6.5 The Independent Engineer may inspect the Project more than once in a month, if any lapses, defects or deficiencies require such inspections. 4.6 6.6 The Independent Engineer shall in its IE‟s O&M Inspection Report specify the tests, if any, that the 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 Concessionaire in this behalf. 4.7 6.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-KQ, the 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. 4.8 6.8 The 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 Concessionaire to the Concessioning Authority for such delay. 4.9 6.9 The Independent Engineer shall examine the request of the Concessionaire for closure of any part of the Project Services or part thereof for undertaking maintenance/ 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 5 (threefive) days of receiving a request from the Concessionaire. Upon expiry of the permitted period of closure, the Independent Engineer shall monitor the re-opening reopening of such partServices, and in case of delay, determine the Damages payable by the Concessionaire to the Concessioning Authority under Clause 17.716.5. 4.10 6.10 The Independent Engineer shall monitor and review the curing of defects and deficiencies by the Concessionaire as set forth in Clause 19.418.4. 4.11 6.11 In the event that the Concessionaire notifies the Independent Engineer of any modifications that it proposes to make to the Project, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire within 15 (fifteen) 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.

Operation Period. 4.1 (Post the initial 36 (thirty six) months term of this Agreement) 6.1 In respect of the Drawings, Documents and Reports received by the Independent Engineer Consultant for its review and comments during the Operation Period, the . The provisions of Paragraph 2 4 shall apply, mutatis mutandis. 4.2 6.2 The Independent Engineer Consultant shall review the annual Maintenance Programme furnished by the Concessionaire and send its comments thereon to the Concessioning Authority Government and the Concessionaire within 15 (fifteen) days of receipt of the Maintenance Programme. 4.3 6.3 The Independent Engineer Consultant shall review the monthly status report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority Government and the Concessionaire within 7 (seven) days of receipt of such reportreports. 4.4 6.4 The Independent Engineer Consultant shall inspect the Project once every month, preferably after receipt of the monthly status report from the Concessionaire, ; but before the 20th (twentieth) day of each month 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 Independent Engineer Consultant 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 Independent Engineer Consultant shall send a copy of its O&M Inspection Report to the Concessioning Authority Government and the Concessionaire within 7 (seven) days of the inspection. 4.5 6.5 The Independent Engineer Consultant may inspect the Project more than once in a month, month if any lapses, defects or deficiencies require such inspections. 4.6 6.6 The Independent Engineer Consultant shall in its O&M Inspection Report specify the tests, if any, that the 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 Concessionaire in this behalf. 4.7 6.7 In respect of any defect or of deficiency referred to in Paragraph 3 Schedule, N of Schedule-Kthe Concession Agreement, the Independent Engineer 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. 4.8 6.8 The Independent Engineer 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 Concessionaire to the Concessioning Authority Government for such delay. 4.9 6.9 The Independent Engineer Consultant shall examine the request of the Concessionaire for closure of any part lane(s) of the Project carriageway for undertaking maintenance/ maintenance/repair thereof, keeping in view the need to minimise 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 Consultant shall monitor the re-opening reopening of such partlane(s), and in case of delay, determine the Damages payable by the Concessionaire to the Concessioning Authority Government under Clause 17.717.7 of the Concession Agreement. 4.10 6.10 The Independent Engineer Consultant shall monitor and review the curing of defects and deficiencies by the Concessionaire as set forth in Clause 19.419.4 of the Concession Agreement. 4.11 6.11 In the event that the Concessionaire notifies the Independent Engineer Consultant of any modifications that it proposes to make to the Project, the Independent Engineer Consultant shall review the same and send its comments to the Concessioning Authority Government and the Concessionaire within 15 (fifteen) 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.

Operation Period. 4.1 5.1 In respect of the Designs and Drawings, Documents and Reports Safety Report received by the Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 4.2 5.2 The Independent Engineer shall review the annual Maintenance Programme furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 15 (fifteen) days of receipt of the Maintenance Programme. 4.3 5.3 The Independent Engineer shall review the monthly status report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 4.4 5.4 The Independent Engineer shall inspect the Project once every month, preferably after receipt of the monthly status report from the Concessionaire, but before the 20th (twentieth) day of each month 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 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 Independent Engineer shall send a copy of its O&M Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 4.5 5.5 The Independent Engineer may inspect the Project more than once in a month, if any lapses, defects or deficiencies require such inspections. 4.6 5.6 The Independent Engineer shall in its O&M Inspection Report specify the tests, if any, that the 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 Concessionaire in this behalf. 4.7 5.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-Kdeficiency, the 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. 4.8 5.8 The 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 Concessionaire to the Concessioning Authority for such delay. 4.9 5.9 The Independent Engineer shall examine the request of the Concessionaire for closure of any part lane(s) of the Project carriageway for undertaking maintenance/ 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 partlane(s), and in case of delay, determine the Damages payable by the Concessionaire to the Concessioning Authority under Clause 17.7Authority. 4.10 5.10 The Independent Engineer shall monitor and review the curing of defects and deficiencies by the Concessionaire as set forth in Clause 19.4Concessionaire. 4.11 5.11 In the event that the Concessionaire notifies the Independent Engineer of any modifications that it proposes to make to the Project, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire within 15 (fifteen) 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.

Operation Period. 4.1 In respect of the Drawings, Drawings and Documents and Reports received by the Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 4.2 . The Independent Engineer shall review the annual Maintenance Programme Program furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 15 (fifteen) days of receipt of the Maintenance Programme. 4.3 Program. The Independent Engineer shall review the monthly status report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 4.4 . The Independent Engineer shall inspect the Project once every month, preferably after receipt of the monthly status report from the Concessionaire, but before the 20th (twentieth) day of each month 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 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 Independent Engineer shall send a copy of its O&M Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 4.5 . The Independent Engineer may inspect the Project more than once in a month, if any lapses, defects or deficiencies require such inspections. 4.6 . The Independent Engineer shall in its O&M Inspection Report specify the tests, if any, that the 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 Concessionaire in this behalf. 4.7 . In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-Schedule- K, the 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. 4.8 . The 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 Concessionaire to the Concessioning Authority for such delay. 4.9 . The Independent Engineer shall examine the request of the Concessionaire for closure of any part of the Project for undertaking maintenance/ maintenance/repair thereof, keeping in view the need to minimise 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 partProject Facilities, 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 Concessionaire as set forth in Clause 19.4. 4.11 . In the event that the Concessionaire notifies the Independent Engineer of any modifications that it proposes to make to the Project, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire within 15 (fifteen) 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.

Operation Period. 4.1 6.1 In respect of the Drawings, Documents and Reports Safety Report received by the Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 4.2 6.2 The Independent Engineer shall review the annual Maintenance Programme furnished by the Concessionaire and send its comments thereon to the Concessioning Authority UPEIDA and the Concessionaire within 15 (fifteen) days of receipt of the Maintenance Programme. 4.3 6.3 The Independent Engineer shall review the monthly status report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority UPEIDA and the Concessionaire within 7 (seven) days of receipt of such report. 4.4 6.4 The Independent Engineer shall inspect the UGC Expressway Project once every month, preferably after receipt of the monthly status report from the Concessionaire, but before the 20th (twentieth) day of each month 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 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 UGC Expressway Project. The Independent Engineer shall send a copy of its O&M Inspection Report to the Concessioning Authority UPEIDA and the Concessionaire within 7 (seven) days of the inspection. 4.5 6.5 The Independent Engineer may inspect the UGC Expressway Project more than once in a month, if any lapses, defects or deficiencies require such inspections. 4.6 6.6 The Independent Engineer shall in its O&M Inspection Report specify the tests, if any, that the 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 Concessionaire in this behalf. 4.7 6.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-K, the 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. 4.8 6.8 The 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 Concessionaire to the Concessioning Authority UPEIDA for such delay. 4.9 6.9 The Independent Engineer shall examine the request of the Concessionaire for closure of any part lane(s) of the Project carriageway for undertaking maintenance/ 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 partlane(s), and in case of delay, determine the Damages payable by the Concessionaire to the Concessioning Authority UPEIDA under Clause 17.7. 4.10 6.10 The Independent Engineer shall monitor and review the curing of defects and deficiencies by the Concessionaire as set forth in Clause 19.4. 4.11 6.11 In the event that the Concessionaire notifies the Independent Engineer of any modifications that it proposes to make to the ProjectUGC Expressway Project , the Independent Engineer shall review the same and send its comments to the Concessioning Authority UPEIDA and the Concessionaire within 15 (fifteen) days of receiving the proposal. 4.12 6.12 The Independent Engineer shall undertake traffic sampling, as and when required by the Concessioning AuthorityUPEIDA, under and in accordance with Article 22 and Schedule-O.