Common use of Power Plant Clause in Contracts

Power Plant. (a) The Concessionaire may, at its sole option and discretion, construct a biogas Power Plant at the STP Site to utilise the bio gas generated from the treatment of the Sewage at the STP Facilities to produce clean energy, or, the Concessionaire may, at its sole option and discretion, construct a rooftop solar Power Plant at the STP Facilities to produce clean energy. The Concessionaire shall utilise the energy produced by the Power Plant to operate the relevant STP Facility and sell any excess energy to third party consumers during the Term, in accordance with all Applicable Laws. (b) If the Concessionaire chooses to construct a Power Plant at the STP Site, then it shall undertake such construction in accordance with all Applicable Laws and after obtaining all necessary approvals and consents to construct the Power Plant at the STP Site. (c) The Concessionaire shall not be entitled to any additional land, Construction Payments, or an extension of the Scheduled STP Construction Completion Date for construction of the Power Plant. (d) The Concessionaire shall not be entitled to any additional O&M Payments for operating the Power Plant. (e) In case the Concessionaire sets up a biogas Power Plant, BUIDCO and NMCG shall not be liable to the Concessionaire in any manner whatsoever if the quality or quantity of Sewage delivered to the STP Facilities is not adequate or appropriate to produce sufficient biogas to operate the Power Plant at the STP Site. (f) The ownership, rights and title to the Power Plant constructed by the Concessionaire shall vest with BUIDCO during the entire Term and thereafter.

Power Plant. (a) The Concessionaire may, at its sole option and discretion, construct a biogas Power Plant at the STP Mirzapur Site to utilise the bio gas generated from the treatment of the Sewage at the STP Facilities to produce clean energyenergy to operate the Mirzapur Facilities, or, as the Concessionaire may, at its sole option and discretion, construct a rooftop solar Power Plant at the STP Facilities to produce clean energycase may be. The Concessionaire shall utilise the energy produced by the Power Plant to operate the relevant STP Facility Mirzapur Facilities, as the case may be, and sell any excess energy to third party consumers during the Term, in accordance with all Applicable Laws. (b) If the Concessionaire chooses to construct a Power Plant at the STP Mirzapur Site, then it shall undertake such construction in accordance with all Applicable Laws and after obtaining all necessary approvals and consents to construct the Power Plant at the STP Mirzapur Site, as the case may be. (c) The Concessionaire shall not be entitled to any additional land, Mirzapur Construction Payments, or an extension of the Scheduled STP Mirzapur Construction Completion Date for construction of the Power Plant. (d) The Concessionaire shall not be entitled to any additional O&M Payments for operating the Power Plant. (e) In case the Concessionaire sets up a biogas Power PlantPlant at the Mirzapur Site, BUIDCO the Jal ▇▇▇▇▇ and NMCG shall not be liable to the Concessionaire in any manner whatsoever if the quality or quantity of Sewage delivered to the Mirzapur STP Facilities is not adequate or appropriate to produce sufficient biogas to operate the Power Plant at the STP SitePlant. (f) The ownership, rights and title to the Power Plant constructed by the Concessionaire shall vest with BUIDCO the Jal ▇▇▇▇▇ during the entire Term and thereafter. (g) It shall be the Concessionaire’s obligation to obtain all required clearances and approval for purposes of setting up, operating and maintaining the Power Plant.

Power Plant. (a) The Concessionaire may, at its sole option and discretion, construct a biogas Power Plant at the STP Farrukhabad Site to utilise the bio gas generated from the treatment of the Sewage at the Farrukhabad STP Facilities to produce clean energy, or, the . The Concessionaire may, at its sole option and discretion, also construct a rooftop solar Power Plant at the STP Farrukhabad Facilities and/or the Fatehgarh Facilities to produce clean energy. The Concessionaire shall utilise the energy produced by the Power Plant to operate the relevant STP Facility and sell any excess energy to third party consumers during the Term, in accordance with all Applicable Laws. (b) If the Concessionaire chooses to construct a Power Plant at the STP Site, then it shall undertake such construction in accordance with all Applicable Laws and after obtaining all necessary approvals and consents to construct the Power Plant at the STP Site. (c) The Concessionaire shall not be entitled to any additional land, Construction Payments, or an extension of the Scheduled STP Construction Completion Date for construction of the Power Plant. (d) The Concessionaire shall not be entitled to any additional O&M Payments for operating the Power Plant. (e) In case the Concessionaire sets up a biogas Power Plant, BUIDCO the Executive Agency and NMCG shall not be liable to the Concessionaire in any manner whatsoever if the quality or quantity of Sewage delivered to the Farrukhabad STP Facilities is not adequate or appropriate to produce sufficient biogas to operate the Power Plant at the STP Farrukhabad Site. (f) The ownership, rights and title to the Power Plant constructed by the Concessionaire shall vest with BUIDCO the Executive Agency during the entire Term and thereafter. (g) It shall be the Concessionaire’s obligation to obtain all required clearances and approval for purposes of setting up, operating and maintaining the Power Plant.

Power Plant. (a) The Concessionaire may, at its sole option and discretion, construct a biogas Power Plant at the STP Tolly‟s Nallah Site and/or Garden Reach Site to utilise the bio gas generated from the treatment of the Sewage at the STP Facilities relevant STPs to produce clean energy, or, the . The Concessionaire may, at its sole option and discretion, also construct a rooftop solar Power Plant at any or all of the STP Facilities to produce clean energy. The Concessionaire shall utilise the energy produced by the Power Plant to operate the relevant STP Facility and sell any excess energy to third party consumers during the Term, in accordance with all Applicable Laws. (b) If the Concessionaire chooses to construct a Power Plant at the STP relevant Site, then it shall undertake such construction in accordance with all Applicable Laws and after obtaining all necessary approvals and consents to construct the Power Plant at the STP Site. (c) The Concessionaire shall not be entitled to any additional land, Construction Payments, or an extension of the Scheduled STP Construction Completion Date for construction of the Power Plant. (d) The Concessionaire shall not be entitled to any additional O&M Payments for operating the Power Plant. (e) In case the Concessionaire sets up a biogas Power Plant, BUIDCO the KMC and NMCG shall not be liable to the Concessionaire in any manner whatsoever if the quality or quantity of Sewage delivered to any of the STP Facilities is not adequate or appropriate to produce sufficient biogas to operate the Power Plant at the STP SitePlant. (f) The ownership, rights and title to the Power Plant constructed by the Concessionaire shall vest with BUIDCO the KMC during the entire Term and thereafter.

Power Plant. (a) The Concessionaire may, at its sole option and discretion, construct a biogas Power Plant at the STP Tolly‟s Nallah Site and/or Garden Reach Site to utilise the bio gas generated from the treatment of the Sewage at the STP Facilities relevant STPs to produce clean energy, or, the . The Concessionaire may, at its sole option and discretion, also construct a rooftop solar Power Plant at any or all of the STP Facilities to produce clean energy. The Concessionaire shall utilise the energy produced by the Power Plant to operate the relevant STP Facility and sell any excess energy to third party consumers during the Term, in accordance with all Applicable Laws. (b) . If the Concessionaire chooses to construct a Power Plant at the STP relevant Site, then it shall undertake such construction in accordance with all Applicable Laws and after obtaining all necessary approvals and consents to construct the Power Plant at the STP Site. (c) . The Concessionaire shall not be entitled to any additional land, Construction Payments, or an extension of the Scheduled STP Construction Completion Date for construction of the Power Plant. (d) . The Concessionaire shall not be entitled to any additional O&M Payments for operating the Power Plant. (e) . In case the Concessionaire sets up a biogas Power Plant, BUIDCO the KMC and NMCG shall not be liable to the Concessionaire in any manner whatsoever if the quality or quantity of Sewage delivered to any of the STP Facilities is not adequate or appropriate to produce sufficient biogas to operate the Power Plant at the STP Site. (f) Plant. The ownership, rights and title to the Power Plant constructed by the Concessionaire shall vest with BUIDCO the KMC during the entire Term and thereafter. KMC's rights and obligations During the Construction Period, the KMC shall: comply with all its obligations under Applicable Laws (including, specifically the CMWSA Act) and the KMC Applicable Permits; make reasonable endeavors to assist the Concessionaire in obtaining the Applicable Permits from the relevant Government Authorities, provided that the Concessionaire has complied with all the requirements as per Applicable Laws for applying for such Applicable Permits; maintain the Supporting Infrastructure to enable the delivery of Sewage at the STPs and disposal of the Treated Effluent from the STPs during the Trial Operations; within 30 days of the Effective Date, and in any event, prior to the commencement of any construction/renovation/O&M for the Facilities, appoint a Person with sufficient skill and expertise to act as the KMC's Representative. The KMC's Representative shall liaise with the Concessionaire's Representative, NMCG's Representative and the Project Engineer during the Construction Period and the O&M Period. At any time during the Term, the KMC may replace the KMC's Representative with prior written notice to the Concessionaire and NMCG; cause the Project Engineer to carry out timely inspection of the Facilities, and perform its other obligations and duties under this Agreement; upon progressive completion of construction/renovation works for the Facilities in accordance with the Technical Specifications, Designs and Drawings, Construction Plan and other provisions of this Agreement, as certified by the Project Engineer, issue the Milestone Completion Certificates and the Construction Completion Certificate to the Concessionaire; and ensure that the Concessionaire enjoys peaceful access to the Site and shall not assign, transfer, or otherwise dispose its rights, title, and interest in the Site or create any Encumbrance over any part of the Site, which may adversely impact the exercise of the Concessionaire's rights and duties under this Agreement. NMCG's rights and obligations During the Construction Period, NMCG shall: comply with all its obligations under the Applicable Laws (including specifically, the Ganga 2016 Order); make the Construction Payments, on satisfactory completion of the relevant Payment Milestone in accordance with Article 9.3; within 30 days of the Effective Date, and in any event, prior to the commencement of any construction for the Facilities, appoint a Person with sufficient skill and expertise to act as the NMCG's Representative. NMCG's Representative shall liaise with the Concessionaire's Representative, the KMC's Representative and the Project Engineer during the Construction Period and the O&M Period. At any time during the Term, NMCG may replace the NMCG Representative with prior written notice to the KMC and the Concessionaire; and ensure that the Escrow Account is funded with the Minimum Escrow Balance.