Provisional Certificate. 14.3.1 The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "Provisional Certificate") if the Tests are successful and the Bus Terminal and/ or Commercial Complex can be safely and reliably placed in commercial operation though certain works or things forming part are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "Punch List"); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority. 14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project, if at least 95% of Bus Terminal and mandatory Commercial Complex respectively has been completed. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Provisional Certificate. 14.3.1 The Subject to the provisions of Clause 14.3.2, the Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project, if at least 9590% (ninety percent) of Bus Terminal and mandatory Commercial Complex respectively the Project has been completed. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Project shall be construed accordingly.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Provisional Certificate. 14.3.1 The Subject to the provisions of Clause 14.3.2, the Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority; provided further that the Punch List shall also include the cost of completion for each of the outstanding items.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project, if at least 95the Concessionaire has completed construction of 100% (Hundred per cent) of Bus Terminal and mandatory Commercial Complex respectively has been completedthe Site made available to the Concessionaire up to 182 days from the Appointed Date. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Project shall be construed accordingly.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Provisional Certificate. 14.3.1 The Subject to the provisions of Clause 14.3.2, the Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority; provided further that the Punch List shall also include the cost of completion for each of the outstanding items.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project, if at least 95the Concessionaire has completed construction of 100% (Hundred per cent) of Bus Terminal and mandatory Commercial Complex respectively has been completedthe Site made available to the Concessionaire up to [180 days]µ from the Appointed Date. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Project shall be construed accordingly.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Provisional Certificate. 14.3.1 The Subject to the provisions of Clause 14.3.2, the Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority; provided further that the Punch List shall also include the cost of completion for each of the outstanding items.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project, if at least 95the Concessionaire has completed construction of 100% (Hundred per cent) of Bus Terminal and mandatory Commercial Complex respectively has been completedthe Site made available to the Concessionaire up to 183 days from the Appointed Date. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Project shall be construed accordingly.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Provisional Certificate. 14.3.1 The Independent 13.3.1. Subject to the provisions of Clause 13.3.2, the Authority’s Chief Engineer may, at the request of the ConcessionaireConcessionaire and on the recommendations of the Independent Engineer, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "Provisional Certificate") ), if the Tests including the Trial Operations are successful and the Bus Terminal and/ or Commercial Complex Project can be safely and reliably placed in commercial operation operations though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Authority’s Chief Engineer and the Concessionaire (the "Punch List"); provided that the Independent Chief Engineer shall not withhold the Provisional Certificate for reason of any work remaining remain incomplete if the delay in completion thereof is attributable to the Concessioning Authority.
14.3.2 13.3.2. The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 13.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project, if at least 95the Concessionaire has completed construction of 100% (hundred per cent) of Bus Terminal and mandatory Commercial Complex respectively has been completedthe Site made available to the Concessionaire up to 30 days from the Appointed Date. Upon issue issuance of such Provisional Certificate, the provisions of Article 15 14 shall apply to such completed part, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Project shall be construed accordingly.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Provisional Certificate. 14.3.1 The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J K (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex XXX Ropeway can be safely and reliably placed in commercial operation though certain associated works and / or things facilities for Users forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Projecta line, if at least 9575% (seventy five percent) of Bus Terminal and mandatory Commercial Complex respectively the total length of such line has been completed. Upon issue of such Provisional Certificateprovisional certificate, the provisions of Article 15 shall apply to such completed part.
Appears in 2 contracts
Provisional Certificate. 14.3.1 14.3.1. The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet notyet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority.
14.3.2 14.3.2. The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request uponrequest of the Concessionaire to this effect, be issued for operating part of the Project, if at least 9575% (seventy five per cent) of Bus Terminal and mandatory Commercial Complex respectively the total work of the Project has been completed. Provided further no such Provisional Certificate would be issued if the Concessionaire has not commenced the construction on the Site handed over to it within 120 days of the Appointed Date. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Provisional Certificate. 14.3.1 The Subject to the provisions of Clause 14.3.2, the Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Project Highway can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is due to is attributable to the Concessioning Authority; provided further that the Punch List shall also include the cost of completion for each of the outstanding items.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the ProjectProject Highway, if at least 95the Concessionaire has completed construction of 90% (Ninety per cent) of Bus Terminal and mandatory Commercial Complex respectively has been completedthe Site made available to it up to 180 days from the Appointed Date. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Project shall be construed accordingly.
Appears in 2 contracts
Samples: Model Concession Agreement, Model Concession Agreement
Provisional Certificate. 14.3.1 14.1.1 The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J Schedule 10 (the "“Provisional Certificate"”) if the Tests are successful and key activities indicated in the Bus Terminal and/ or Commercial Complex Implementation Schedule have been successfully completed post which the Project Facilities can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority; provided further that the Punch list shall also include the cost of completion of each of the outstanding items.
14.3.2 14.1.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 Article 14.1 may, upon request of the Concessionaire to this effect, be issued for operating part of the ProjectAdditional Project Facilities, if at least 9590% (ninety per cent) of Bus Terminal and mandatory Commercial Complex respectively the Additional Project Facilities has been completed. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part.
Appears in 1 contract
Samples: Concession Agreement
Provisional Certificate. 14.3.1 The Subject to the provisions of Clause 14.3.2, the Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority; provided further that the Punch List shall also include the cost of completion for each of the outstanding items.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project, if at least 95the Concessionaire has completed construction of 100% (Hundred per cent) of Bus Terminal and mandatory Commercial Complex respectively has been completedthe Site made available to the Concessionaire up to 360 days from the Appointed Date. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Project shall be construed accordingly.
Appears in 1 contract
Samples: Concession Agreement
Provisional Certificate. 14.3.1 The Subject to the provisions of Clause 14.3.2, the Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority; provided further that the Punch List shall also include the cost of completion for each of the outstanding items.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project, if at least 95the Concessionaire has completed construction of 100% (Hundred per cent) of Bus Terminal and mandatory Commercial Complex respectively has been completedthe Site made available to the Concessionaire up to 146 days from the Appointed Date. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Project shall be construed accordingly.
Appears in 1 contract
Samples: Concession Agreement
Provisional Certificate. 14.3.1 The Subject to the provisions of Clause 14.3.2, the Independent Engineer Expert may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer Expert and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer Expert shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project, if at least 9590% (ninety per cent) of Bus Terminal and mandatory Commercial Complex respectively the phase-1 of the Project has been completedcompleted and it can be safely and reliably be placed in commercial operation in accordance with the provisions of Clause 14.3.1. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part.part of Project. The parties further agree that the provisional certificate shall be issued separately for the subsequent phases of the Project with above mentioned conditions applicable separately for each phase. The details of the phasing of the project are mentioned in Schedule G.
Appears in 1 contract
Samples: Model Concession Agreement
Provisional Certificate. 14.3.1 The Subject to the provisions of Clause 14.3.2, the Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Project Bus Terminal and/ or Commercial Complex Port can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is due to is attributable to the Concessioning Authority; provided further that the Punch List shall also include the cost of completion for each of the outstanding items.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the ProjectProject Bus Port, if at least 95the Concessionaire has completed construction of 90% (Ninety per cent) of Bus Terminal and mandatory Commercial Complex respectively has been completedthe Project. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Project shall be construed accordingly.
Appears in 1 contract
Samples: Concession Agreement
Provisional Certificate. 14.3.1 The Subject to the provisions of Clause 14.3.2, the Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate on completion of completion substantially 100% project length in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Project can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority; provided further that the Punch List shall also include the cost of completion for each of the outstanding items.
14.3.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the Project, if at least 95the Concessionaire has completed construction of 100% (Hundred per cent) of Bus Terminal and mandatory Commercial Complex respectively has been completed. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply Site made available to such completed partthe Concessionaire up to 180 days from the Appointed Date.
Appears in 1 contract
Samples: Concession Agreement
Provisional Certificate. 14.3.1 14.1.1 The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J Schedule 10 (the "“Provisional Certificate"”) if the Tests are successful and key activities indicated in the Bus Terminal and/ or Commercial Complex Implementation Schedule have been successfully completedpost which the Project Facilities can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"); provided List”);provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority; provided further that the Punch list shall also include the cost of completion of each of the outstanding items.
14.3.2 14.1.2 The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 Article 14.1 may, upon request of the Concessionaire to this effect, be issued for operating part of the ProjectAdditional Project Facilities, if at least 9590% (ninety per cent) of Bus Terminal and mandatory Commercial Complex respectively the Additional Project Facilities has been completed. Upon issue of such Provisional Certificate, the provisions of Article 15 shall apply to such completed part.
Appears in 1 contract
Samples: Concession Agreement
Provisional Certificate. 14.3.1 14.3.1. The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "“Provisional Certificate"”) if the Tests are successful and the Bus Terminal and/ or Commercial Complex Airport can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "“Punch List"”); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Concessioning Authority.
14.3.2 14.3.2. The Parties hereto expressly agree that a Provisional Certificate under this Clause 14.3 may, upon request of the Concessionaire to this effect, be issued for operating part of the ProjectAirport, if at least 95% of Bus Terminal it can be safely and mandatory Commercial Complex respectively has been completedreliably placed in commercial operation in accordance with the
1. Upon issue of such Provisional Certificate, the provisions of Article 15 this Agreement shall apply to such completed partpart of the Airport, and the rights and obligations of the Concessionaire for and in respect of such completed part of the Airport shall be construed accordingly.
Appears in 1 contract
Samples: Concession Agreement