Common use of Records and Reporting Requirements Clause in Contracts

Records and Reporting Requirements. (i) The Concessionaire shall maintain: (A) records of the volume and characteristics of the Sewage received at, and the STP By-Products and the Treated Effluent discharged from the Patna STPs; and (B) books of accounts recording all payments received from NMCG and other revenues derived/collected by it from the STP Facilities or resulting from its use, separately for each Patna STP. (ii) The Concessionaire shall provide to BUIDCO 2 copies of its audited financial statements along with a report from its statutory auditors, within 90 days of the close of each Financial Year. (iii) For each Patna STP, the Concessionaire shall deliver to BUIDCO, with a copy to the Project Engineer, the following during the O&M Period within the specified timelines: (A) reports relating to any activity, problem, incident or circumstance that threatens or may threaten public health, safety, the environment or the safety and security of the STP Facilities, and any action taken to mitigate the effect of such incident or problem, as soon as reasonably practicable but no later than 12 hours after the occurrence of such event or circumstance; (C) reports on any critical breakdowns or failures in the STP Facilities, within 12 hours of such occurrence; (E) reports on accidents or other incidents in relation to the O&M personnel or any third party, along with statements on actions taken to minimise recurrence, within 2 days of such occurrence; (G) daily reports with the data collected from the monitoring and metering system, the online monitoring system and the tests conducted by the Concessionaire in accordance with Clause 8.10 on the characteristics and volume of Sewage treated at the STP Facilities, the STP By-Products and the Treated Effluent discharged from the STP Facilities, at the end of each day (i.e., on or before 1500 hours every day); (H) monthly progress reports relating to the performance of O&M services (including on compliance with the KPIs, details of disposal or sale, as the case may be, of the STP By-Products and the Treated Effluent, and details of any Emergency during the relevant month), on or before the 7th day of the following month. The monthly progress report must be certified by the Project Engineer before it is submitted to BUIDCO; (I) copies of any reports, notices or responses submitted for compliance/non-compliance with Applicable Laws or Applicable Permits, within 2 days of making such submissions to the relevant Government Authority; and (J) reports on any material litigation, including any winding-up proceedings or notice to commence winding-up proceedings or material disputes to which the Concessionaire is a party, appointment of a receiver or administrator in relation to the business or assets of the Concessionaire and any adverse orders or judgments passed by any Government Authorities that affects or is likely to affect the performance of the O&M services, as soon as reasonably possible after the occurrence of any such event.

Records and Reporting Requirements. (i) The Concessionaire shall maintain: (A) records of the volume and characteristics of the Sewage received at, and the STP By-Products and the Treated Effluent discharged from the Patna Haridwar STPs; and (B) books of accounts recording all payments received from NMCG and other revenues derived/collected by it from the STP Facilities or resulting from its use, separately for each Patna Haridwar STP. (ii) The Concessionaire shall provide to BUIDCO the Jal Xxxxx 2 copies of its audited financial statements along with a report from its statutory auditors, within 90 days of the close of each Financial Year. (iii) For each Patna Haridwar STP, the Concessionaire shall deliver to BUIDCOthe Jal Xxxxx, with a copy to the Project Engineer, the following during the O&M Period within the specified timelines: (A) reports relating to any activity, problem, incident or circumstance that threatens or may threaten public health, safety, the environment or the safety and security of the STP Facilities, and any action taken to mitigate the effect of such incident or problem, as soon as reasonably practicable but no later than 12 hours after the occurrence of such event or circumstance; (CB) reports on any critical breakdowns or failures in the STP Facilities, within 12 hours of such occurrence; (EC) reports on accidents or other incidents in relation to the O&M personnel or any third party, along with statements on actions taken to minimise recurrence, within 2 days of such occurrence; (GD) daily reports with the data collected from the monitoring and metering system, the online monitoring system and the tests conducted by the Concessionaire in accordance with Clause 8.10 on the characteristics and volume of Sewage treated at the STP Facilities, the STP By-Products and the Treated Effluent discharged from the STP Facilities, at the end of each day (i.e., on or before 1500 hours every day); (HE) monthly progress reports relating to the performance of O&M services (including on compliance with the KPIs, details of disposal or sale, as the case may be, of the STP By-Products and the Treated Effluent, and details of any Emergency during the relevant month), on or before the 7th day of the following month. The monthly progress report must be certified by the Project Engineer before it is submitted to BUIDCOthe Jal Xxxxx; (IF) copies of any reports, notices or responses submitted for compliance/non-compliance with Applicable Laws or Applicable Permits, within 2 days of making such submissions to the relevant Government Authority; and (JG) reports on any material litigation, including any winding-up proceedings or notice to commence winding-up proceedings or material disputes to which the Concessionaire is a party, appointment of a receiver or administrator in relation to the business or assets of the Concessionaire and any adverse orders or judgments passed by any Government Authorities that affects or is likely to affect the performance of the O&M services, as soon as reasonably possible after the occurrence of any such event.

Records and Reporting Requirements. (i) The Concessionaire shall maintain: (A) records of the volume and characteristics of the Sewage received at, and the STP By-Products and the Treated Effluent discharged from each Mirzapur STP; (B) records of the Patna STPssump levels and volume of the Sewage discharged from the relevant location’s SPSs; and (BC) books of accounts recording all payments received from NMCG and other revenues derived/collected by it from the STP Facilities or resulting from its use, separately for each Patna STPthe Mirzapur Facilities. (ii) The Concessionaire shall provide to BUIDCO the Jal Xxxxx 2 copies of its audited financial statements along with a report from its statutory auditors, within 90 days of the close of each Financial Year. (iii) For each Patna STPFacility, the Concessionaire shall deliver to BUIDCOthe Jal Xxxxx, with a copy to the Project Engineer, the following during the O&M Period within the specified timelines: (A) reports relating to any activity, problem, incident or circumstance that threatens or may threaten public health, safety, the environment or the safety and security of the STP FacilitiesFacilities or any part thereof, and any action taken to mitigate the effect of such incident or problem, as soon as reasonably practicable but no later than 12 hours after the occurrence of such event or circumstance; (CB) reports on any critical breakdowns or failures in the STP Facilities, within 12 hours of such occurrence; (EC) reports on accidents or other incidents in relation to the O&M personnel or any third party, along with statements on actions taken to minimise recurrence, within 2 days of such occurrence; (GD) daily reports with the data collected from the monitoring and metering system, the online monitoring system systems and the tests conducted by the Concessionaire in accordance with Clause 8.10 on the characteristics and volume of Sewage treated at the STP Facilities, the STP By-Products and Products, the Treated Effluent discharged from the STP Facilities, at the end of each day (i.e., on or before 1500 hours every day); (HE) monthly progress reports relating to the performance of O&M services (including on compliance with the relevant KPIs, details of disposal or sale, as the case may be, of the STP By-Products and Products, the Treated Effluent, and details of any Emergency during the relevant month), on or before the 7th day of the following month. The monthly progress report must be certified by the Project Engineer before it is submitted to BUIDCOthe Jal Xxxxx; (IF) copies of any reports, notices or responses submitted for compliance/non-compliance with Applicable Laws or Applicable Permits, within 2 days of making such submissions to the relevant Government Authority; and (JG) reports on any material litigation, including any winding-up proceedings or notice to commence winding-up proceedings or material disputes to which the Concessionaire is a party, appointment of a receiver or administrator in relation to the business or assets of the Concessionaire and any adverse orders or judgments passed by any Government Authorities that affects or is likely to affect the performance of the O&M services, as soon as reasonably possible after the occurrence of any such event.

Records and Reporting Requirements. (i) a. The Concessionaire shall maintain: (A) a. records of the volume and characteristics of the Sewage received atreceived, and the STP STF By-Products Products, Digested Sludge, and the Treated Effluent discharged from the Patna STPsSTFs; b. River water quality parameters; c. record fuel consumption by the DG Sets; d. rainfall data as recorded by the rain gauges installed by the Concessionaire; and (B) e. books of accounts recording all payments received from NMCG Authority and other revenues derived/collected by it from the STP Facilities Project or resulting from its use, separately for each Patna STP. (ii) b. The Concessionaire shall provide to BUIDCO 2 copies of its audited financial statements along with a report from its statutory auditors, within 90 days of the close of each Financial Year. (iii) For each Patna STP, the Concessionaire shall deliver to BUIDCOthe Authority, with a copy to the Project Independent Engineer, the following during the O&M Operation Period within the specified timelines: (A) a. reports relating to any activity, problem, incident or circumstance that threatens or may threaten public health, safety, the environment or the safety and security of the STP FacilitiesProject, and any action taken to mitigate the effect of such incident or problem, as soon as reasonably practicable but no later than 12 hours after the occurrence of such event or circumstance; (C) b. reports on any critical breakdowns or failures in the STP FacilitiesProject, within 12 hours of such occurrence; (E) c. reports on accidents or other incidents in relation to the O&M personnel or any third party, along with statements on actions taken to minimise minimize recurrence, within 2 days of such occurrence; (G) d. daily reports with the data collected from the monitoring and metering system, the online monitoring system and the tests conducted by the Concessionaire in accordance with Clause 8.10 the provisions of this agreement on the characteristics and volume of Sewage treated at the STP FacilitiesProject, the STP STF By-Products and Products, the Treated Effluent discharged from the STP Facilitiesand river water quality parameters, at the end of each day (i.e., on or before 1500 hours every day); (H) e. monthly progress reports relating to the performance of O&M services (including on compliance with the KPIs, details of disposal or sale, as the case may be, sale of the STP STF By-Products and the Treated Effluent, and details of any Emergency during the relevant month), on month),on or before the 7th day of the following month. The monthly progress report must be certified by the Project Independent Engineer before it is submitted to BUIDCOthe Authority; (I) f. copies of any reports, notices or responses submitted for compliance/non-non- compliance with Applicable Laws or Applicable Permits, within 2 days of making such submissions to the relevant Government Authority; and (J) g. reports on any material litigation, including any winding-up proceedings or notice to commence winding-up proceedings or material disputes to which the Concessionaire is a party, appointment of a receiver or administrator in relation to the business or assets of the Concessionaire and any adverse orders or judgments passed by any Government Authorities that affects or is likely to affect the performance of the O&M services, as soon as reasonably possible after the occurrence of any such event.

Records and Reporting Requirements. (i) The Concessionaire shall maintain: (A) : records of the volume and characteristics of the Sewage received at, and the STP By-Products and the Treated Effluent discharged from the Patna each Kolkata STPs; and (B) records of the sump levels and volume of the Sewage discharged from the relevant location‟s pumping stations; and books of accounts recording all payments received from NMCG and other revenues derived/collected by it from the STP Facilities Locations or resulting from its use, separately for each Patna STP. (ii) Tolly‟s Nallah Facilities, Garden Reach Facilities and Keorapukur Facilities. For Kudghat PS, the concessionaire shall maintain records of the sump levels and volume of the sewage discharged from the pumping station. The Concessionaire shall provide to BUIDCO the KMC 2 copies of its audited financial statements along with a report from its statutory auditors, within 90 days of the close of each Financial Year. (iii) . For each Patna STPlocation, the Concessionaire shall deliver to BUIDCOthe KMC, with a copy to the Project Engineer, the following during the O&M Period within the specified timelines: (A) : reports relating to any activity, problem, incident or circumstance that threatens or may threaten public health, safety, the environment or the safety and security of the STP Facilities, and any action taken to mitigate the effect of such incident or problem, as soon as reasonably practicable but no later than 12 hours after the occurrence of such event or circumstance; (C) ; reports on any critical breakdowns or failures in the STP Facilities, within 12 hours of such occurrence; (E) ; reports on accidents or other incidents in relation to the O&M personnel or any third party, along with statements on actions taken to minimise recurrence, within 2 days of such occurrence; (G) ; daily reports with the data collected from the monitoring and metering system, the online monitoring system and the tests conducted by the Concessionaire in accordance with Clause Article 8.10 on the characteristics and volume of Sewage treated at the STP Facilities, the STP By-Products and the Treated Effluent discharged from the STP Facilities, at the end of each day (i.e., on or before 1500 hours every day); (H) ; monthly progress reports relating to the performance of O&M services (including on compliance with the KPIs, details of disposal or sale, as the case may be, of the STP By-Products and the Treated Effluent, and details of any Emergency during the relevant month), on or before the 7th day of the following month. The monthly progress report must be certified by the Project Engineer before it is submitted to BUIDCO; (I) the KMC; copies of any reports, notices or responses submitted for compliance/non-non- compliance with Applicable Laws or Applicable Permits, within 2 days of making such submissions to the relevant Government Authorityauthority; and (J) and reports on any material litigation, including any winding-up proceedings or notice to commence winding-up proceedings or material disputes to which the Concessionaire is a party, appointment of a receiver or administrator in relation to the business or assets of the Concessionaire and any adverse orders or judgments passed by any Government Authorities that affects or is likely to affect the performance of the O&M services, as soon as reasonably possible after the occurrence of any such event.. It is clarified that the reports set out in this Article 8.8 will be separately prepared and furnished for each Location‟s Facilities. It is expressly agreed between the Parties that the Bank shall be permitted to inspect the Site and/or all accounts, records, and other documents relating to contract performance of the Concessionaire, as well as its Subcontractors, agents, personnel, consultants, service providers or suppliers, including O&M contractors for the Project and have them audited by auditors appointed by the Bank. Design Capacity Utilization During each day of the O&M Period, the Concessionaire shall ensure that each Kolkata STP at all Locations can accept, treat, and process Sewage up to its Design Capacity. The Concessionaire shall notify the KMC (with a copy to the Project Engineer) as soon as it becomes aware that the volume of Sewage received at the relevant Kolkata STPs is more than its Design Capacity. In such circumstances, if the Concessionaire is unable to accept and treat the excess Sewage (i.e., over and above the Design Capacity) at the relevant Kolkata STP, then such failure shall be treated as a Forced Unavailability for which the Concessionaire shall not be liable, subject to the Concessionaire having notified the KMC in accordance with Article 8.9(b) above. The KMC reserves the right to require the Project Engineer to verify the capacity utilization at any Kolkata STP, at any time during the O&M Period. Testing

Records and Reporting Requirements. (i) The Concessionaire shall maintain: (A) records of the volume and characteristics of the Sewage received at, and the STP By-Products and the Treated Effluent discharged from the Patna Farrukhabad-Fatehgarh STPs; and (B) records of the sump levels and volume of the Sewage discharged from the relevant location’s SPSs; and (C) books of accounts recording all payments received from NMCG and other revenues derived/collected by it from the STP Facilities or resulting from its use, , (ii) separately for each Patna Farrukhabad-Fatehgarh STP. (iiiii) The Concessionaire shall provide to BUIDCO the Executive Agency, 2 copies of its audited financial statements along with a report from its statutory auditors, within 90 days of the close of each Financial Year. (iiiiv) For each Patna Farrukhabad-Fatehgarh STP, the Concessionaire shall deliver to BUIDCOthe Executive Agency, with a copy to the Project Engineer, the following during the O&M Period within the specified timelines: (A) reports relating to any activity, problem, incident or circumstance that threatens or may threaten public health, safety, the environment or the safety and security of the STP Facilities, and any action taken to mitigate the effect of such incident or problem, as soon as reasonably practicable but no later than 12 hours after the occurrence of such event or circumstance; (CB) reports on any critical breakdowns or failures in the STP Facilities, within 12 hours of such occurrence; (EC) reports on accidents or other incidents in relation to the O&M personnel or any third party, along with statements on actions taken to minimise recurrence, within 2 days of such occurrence; (GD) daily reports with the data collected from the monitoring and metering system, the online monitoring system and the tests conducted by the Concessionaire in accordance with Clause 8.10 on the characteristics and volume of Sewage treated at the STP Facilities, the STP By-Products and the Treated Effluent discharged from the STP Facilities, at the end of each day (i.e., on or before 1500 hours every day); (H) monthly progress reports relating to the performance of O&M services (including on compliance with the KPIs, details of disposal or sale, as the case may be, of the STP By-Products and the Treated Effluent, and details of any Emergency during the relevant month), on or before the 7th day of the following month. The monthly progress report must be certified by the Project Engineer before it is submitted to BUIDCO; (I) copies of any reports, notices or responses submitted for compliance/non-compliance with Applicable Laws or Applicable Permits, within 2 days of making such submissions to the relevant Government Authority; and (J) reports on any material litigation, including any winding-up proceedings or notice to commence winding-up proceedings or material disputes to which the Concessionaire is a party, appointment of a receiver or administrator in relation to the business or assets of the Concessionaire and any adverse orders or judgments passed by any Government Authorities that affects or is likely to affect the performance of the O&M services, as soon as reasonably possible after the occurrence of any such event.Clause

Records and Reporting Requirements. (i) The Concessionaire shall maintain: (A) records of the volume and characteristics of the Sewage received at, ,and the STP By-Products and the Treated Effluent discharged from the Patna STPsVaranasi STP; and (B) books of accounts recording all payments received from NMCG and other revenues derived/collected by it from the STP Facilities or resulting from its use, separately for each Patna STP. (ii) The Concessionaire shall provide to BUIDCO the Jal Xxxxx 2 copies of its audited financial statements along with a report from its statutory auditors, within 90 days of the close of each Financial Year. (iii) For each Patna STP, the The Concessionaire shall deliver to BUIDCOthe Jal Xxxxx, with a copy to the Project Engineer, the following during the O&M Period within the specified timelines: (A) reports relating to any activity, problem, incident or circumstance that threatens or may threaten public health, safety, the environment or the safety and security of the STP FacilitiesFacilities or the Associated Infrastructure, and any action taken to mitigate the effect of such incident or problem, as soon as reasonably practicable but no later than 12 hours after the occurrence of such event or circumstance; (CB) reports on any critical breakdowns or failures in the STP FacilitiesFacilities or the Associated Infrastructure, within 12 hours of such occurrence; (EC) reports on accidents or other incidents in relation to the O&M personnel Personnel or any third party, along with statements on actions taken to minimise recurrence, within 2 days of such occurrence; (GD) daily reports with the data collected from the monitoring and metering system, the online monitoring system and the tests conducted by the Concessionaire in accordance with Clause 8.10 on Clause8.10on the characteristics and volume of Sewage treated at the STP Facilities, ,the STP By-Products and the Treated Effluent discharged from the STP Facilities, at the end of each day (i.e., on or before 1500 hours every day); (HE) monthly progress reports relating to the performance of O&M services (including on compliance with the KPIs, details of disposal or sale, as the case may be, sale of the STP By-Products and the Treated Effluent, and details of any Emergency during the relevant month), on month),on or before the 7th day of the following month. The monthly progress report must be certified by the Project Engineer before it is submitted to BUIDCOthe Jal Xxxxx; (IF) copies of any reports, notices or responses submitted for compliance/non-compliance with Applicable Laws or Applicable Permits, within 2 days of making such submissions to the relevant Government Authority; and (JG) reports on any material litigation, including any winding-up proceedings or notice to commence winding-up proceedings or material disputes to which the Concessionaire is a party, appointment of a receiver or administrator in relation to the business or assets of the Concessionaire and any adverse orders or judgments passed by any Government Authorities that affects or is likely to affect the performance of the O&M services, as soon as reasonably possible after the occurrence of any such event.