Common use of Operations Plan Clause in Contracts

Operations Plan. (i) The Concessionaire shall within 15 days from the appointment of the Independent Consultant pursuant to Article 4.1, submit to the Independent Consultant and MCD a plan (“the Operations Plan”) in conformity with the O&M Requirements, in the format provided in Schedule O hereto. (ii) Within 15 days of receipt of the Operations Plan, the Independent Consultant shall review the same taking into account, interalia, comments of MCD, if any, thereon, and convey its comments/observations to the Concessionaire on the Operation Plan, including the need, if any, to modify the same. If the comments/observations of the Independent Consultant require the Operations Plan to be modified, the Concessionaire shall suitably modify the Operations Plan and resubmit to Independent Consultant for further review. The Independent Consultant shall give its observations and comments, if any, within 15 (fifteen) days of receipt of such revised Operations Plan, which shall be taken into account by the Concessionaire while finalising the Operations Plan. (iii) If, within the period stipulated in the preceding clause (ii), the Independent Consultant does not respond to the Operations Plan submitted to it by the Concessionaire, the Concessionaire shall be entitled to proceed with the Project on the basis of such Operations Plan submitted by it to the Independent Consultant. (iv) Notwithstanding any review or failure to review by the Concessionaire or the comments/observations of the Independent Consultant or MCD, the Concessionaire shall be solely responsible for the adequacy of the Operations Plan and the conformity thereof with the O&M Requirements and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder.

Operations Plan. (i) The Concessionaire shall within 15 days from the appointment issue of the Independent Consultant pursuant to Article 4.1letter of intent (LoI), submit to the Independent Consultant (if already appointed) and MCD NDMC a plan (“the Operations Plan”) in conformity with the O&M Requirements, in the format provided Construction Requirement of Existing Facilities and Design Requirements of New Facilities as set out in Schedule O heretoJ, Schedule B and Schedule C respectively. (ii) Within 15 days of receipt of the Operations Plan, the Independent Consultant (if appointed) and/or NDMC shall review the same taking into account, interaliainter-alia, comments of MCDNDMC and IC, if any, thereon, and convey its comments/observations to the Concessionaire on the Operation Plan, including the need, if any, to modify the same. If the comments/observations of the Independent Consultant Consultant/NDMC require the Operations Plan to be modified, the Concessionaire shall suitably modify the Operations Plan and resubmit to Independent Consultant for further review. The Independent Consultant Consultant/NDMC shall give its observations and comments, if any, within 15 (fifteen) days of receipt of such revised Operations Plan, which shall be taken into account by the Concessionaire while finalising finalizing the Operations Plan. (iii) If, within the period stipulated in the preceding clause (ii), the Independent Consultant does not respond to the Operations Plan submitted to it by the Concessionaire, the Concessionaire shall be entitled to proceed with the Project on the basis of such Operations Plan submitted by it to the Independent Consultant/NDMC. (iv) Notwithstanding any review or failure to review by the Concessionaire or the comments/observations of the Independent Consultant or MCDNDMC, the Concessionaire shall be solely responsible for the adequacy of the Operations Plan and the conformity thereof with the O&M Requirements and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder.