Common use of Remedial Measures Clause in Contracts

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 34 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 13 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement.. from 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 10 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 6 contracts

Samples: Model Concession Agreement, Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 4 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 18.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 18.3 and furnish a report in respect thereof to the Independent Engineer Monitor[s] and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 18.4.2 The Independent Engineer Monitor[s] shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Safety Requirements, Service Requirements and Maintenance Requirements and the procedure set forth in this Clause 19.4 18.4 shall be repeated until the Bus Terminal Project conforms to the Safety Requirements, Service Requirements and Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.816.8.

Appears in 4 contracts

Samples: Public Private Partnership Agreement, Public Private Partnership Agreement, Public Private Partnership Agreement

Remedial Measures. 19.4.1 17.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 Article 17.3 and furnish a report in respect thereof to the Independent Engineer Engineer(s) and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 17.4.2 The Independent Engineer Engineer(s) shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 Article 17.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8Article 16.5.

Appears in 4 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 17.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 Article17.3 and furnish a report in respect thereof to the Independent Engineer Engineer(s) and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed and in conformity with this Agreementno case later than 30 days from the date of O&M Inspection Report, beyond which the Authority shall may levy damages as per Article 16.5. 19.4.2 17.4.2 The Independent Engineer Engineer(s) shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 Article17.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8Article 16.5.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 19 3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; , provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Port into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Port conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority MPRDC within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority MPRDC shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 19.5.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test Test results referred to in Clause 19.3 19.4 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test Test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 19.5.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out testsTests, at its own cost, to determine that such remedial measures have brought the Bus Terminal XXX Ropeway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 19.5 shall be repeated until the Bus Terminal XXX Ropeway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 2 contracts

Samples: Concession Agreement, Model Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 19.4.2 and furnish a report in respect thereof to the Independent Engineer Panel and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer Panel shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Hospital and Health Centres into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Hospital and Health Centres conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 22.4.1. The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 22.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the receivingthe O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 22.4.2. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 22.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.84.3.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 20.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 20.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 20.4.2 The Independent Engineer Authority shall require the Concessionaire to carry out or cause to be carried out testsTests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 20.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.818.7.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 19.3.1 The Concessionaire Operator shall repair or replace the related Project Facilities to rectify the defects Defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 Article 19.1 and Article 19.2 and furnish a report in respect thereof to the Independent Engineer Technical Auditor and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire Operator shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 19.3.2 The Independent Engineer shall Authority through Technical Auditor may require the Concessionaire Operator to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 Article 19.3 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire Operator in conformity with the provisions of this Agreement, without prejudice to any other right or remedy available to the Authority, the Authority shall be entitled to recover Damages from the Concessionaire Operator under and in accordance with the provisions of Clause 17.8Article 6, Schedule 5 and Schedule 6.

Appears in 2 contracts

Samples: Performance Based Contract, Performance Based Contract (Pbc)

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may bemaybe; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteenfifteen ) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 16.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 16.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 16.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 16.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.815.8.

Appears in 2 contracts

Samples: Operation and Maintenance Agreement, Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and Schedule H and furnish a report in respect thereof to the Independent Engineer Expert and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire Concessionaire. under and in accordance with the provisions of Clause 17.8.17.5

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteenfifteen ) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause Article 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer Authority shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal MLCP and its components into compliance with the Maintenance Requirements and the procedure set forth in this Clause Article 19.4 shall be repeated until the Bus Terminal MLCP & its components conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and as provided in accordance with the provisions of Clause 17.8Article 17.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 18.5.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 18.4 and furnish a report in respect thereof to the Independent Engineer Expert and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 18.5.2 The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Storage Facility into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 18.5 shall be repeated until the Bus Terminal Storage Facility conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.817.10.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority MPRDC within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority Government shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 16.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 16.3 and furnish a an report (the “Action Taken Report”) in respect thereof to the Independent Engineer and the Authority Government within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 16.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 16.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority Government shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.815.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 19.3.1 The Concessionaire Operator shall repair or replace the related Project Facilities to rectify the defects Defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 Article 19.1 and Article 19.2 and furnish a report in respect thereof to the Independent Engineer Technical Auditor and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire Operator shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 19.3.2 The Independent Engineer Technical Auditor shall require the Concessionaire Operator to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 Article 19.3 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire Operator in conformity with the provisions of this Agreement, without prejudice to any other right or remedy available to the Authority, the Authority shall be entitled to recover Damages from the Concessionaire Operator under and in accordance with the provisions of Clause 17.8Article 6, Schedule 5 and Schedule 6.

Appears in 1 contract

Samples: Performance Based Contract (Pbc)

Remedial Measures. 19.4.1 19.5.1 The Concessionaire MDO shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 19.4 and furnish a report in respect thereof to the Independent Engineer and the Authority HCL within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire MDO shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer 19.5.2 HCL shall require the Concessionaire MDO to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Mines, Concentrate Plant and Equipment into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 19.5 shall be repeated until the Bus Terminal conforms Mines, Concentrator Plant and Equipment conform to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire MDO in conformity with the provisions of this Agreement, the Authority HCL shall be entitled to recover Damages from the Concessionaire MDO under and in accordance with the provisions of Clause 17.816.8.

Appears in 1 contract

Samples: Mining Services Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority GOTN, HD within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority GOTN, HD shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and Clauseand furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Project Bus Terminal Port into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Project Bus Terminal Port conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to do these remedial measures at its own cost and recover Damages the same from the Concessionaire under and in accordance with the provisions of Clause 17.8Concessionaire.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer Consultant and the Authority MSRDC within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports report of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer Consultant shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirementsrequirement. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority MSRDC shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 19.5.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 19.4 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 19.5.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Transmission System into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 19.5 shall be repeated until the Bus Terminal Transmission System conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.817.9.

Appears in 1 contract

Samples: Transmission Agreement

Remedial Measures. 19.4.1 24.6.1. The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 24.6 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 24.6.2. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Airport into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 24.6 shall be repeated until the Bus Terminal Airport conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8. For avoidance of doubt, it may be clarified that cost of any such repeat test and Damages given by Concessionaire to Authority under this Clause 12.4 as the case may be shall not be considered as pass through cost for the purpose of Aeronautical tariff determination.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 16.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection O& M I nspection Report or in the test results referred to in Clause 19.3 16.3 and furnish a an report (the “ Act ion Taken Report ” ) in respect thereof to the Independent Engineer and the Authority Government within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 16.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 16.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In I n the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority Government shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.815.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire Contractor shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer Engineer-in-charge and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire Contractor shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer Engineer-in-charge shall require the Concessionaire Contractor to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire Contractor in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire Contractor under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Contract Agreement

Remedial Measures. 19.4.1 19.5.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 19.4 and furnish a report in respect thereof to the Independent Engineer and the Authority Government within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 19.5.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Rail System into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 19.5 shall be repeated until the Bus Terminal Rail System conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority Government shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 15.4.1. The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 15.3 and furnish a report in respect thereof to the Independent Engineer and the Contracting Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 15.4.2. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements requirements and the procedure set forth in this Clause 19.4 15.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Contracting Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.814.8.

Appears in 1 contract

Samples: Concession Agreement

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Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority Government within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority Government shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 19.5.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 19.4 and Schedule I and furnish a report in respect thereof to the Independent Engineer Expert and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 19.5.2 The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal MMLP into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 19.5 shall be repeated until the Bus Terminal MMLP conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Model Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal XXX Ropeway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal XXX Ropeway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer Supervision Committee and the Authority within 15 1 (fifteenone) days month of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 1 (fifteenone) daysmonth, the Concessionaire shall submit progress reports of the repair works once every week month until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall Supervision Committee may require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth setforth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to take these remedial measures at its own cost and recover Damages the same from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 18.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results result referred to in Clause 19.3 18.3 and furnish a report in respect thereof to the Independent Engineer Monitor and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may beReport; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 18.4.2 The Independent Engineer Monitor shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Safety Requirements, Service Requirements and Maintenance Requirements and the procedure set forth in this Clause 19.4 18.4 shall be repeated until the Bus Terminal Project conforms to the Safety Requirements, Service Requirements and Maintenance Requirements. In Draft Concession Agreement the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.16.8 of this Agreement. Draft Concession Agreement

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 ‌ 16.4.1. The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 16.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 16.4.2. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 16.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.815.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire Developer shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority SH&DB within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire Developer shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire Developer to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Residential Property into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Residential Property conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire Developer in conformity with the provisions of this Agreement, the Authority SH&DB shall be entitled to recover Damages from the Concessionaire Developer under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Development Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Road into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project Road conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 1) The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 2) The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal village Rampur to Naina Devi Ji Ropeway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal village Rampur to Naina Devi Ji Ropeway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 . The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Haji Bunder (Sewree) to Elephanta Island Ropeway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Haji Bunder (Sewree) to Elephanta Island Ropeway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 ‌ 19.5.1 The Concessionaire Mine Operator shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 19.4 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire Mine Operator shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 19.5.2 The Independent Engineer shall require the Concessionaire Mine Operator to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Mines and Equipment into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 19.5 shall be repeated until the Bus Terminal conforms Mines and Equipment conform to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire Mine Operator in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire Mine Operator under and in accordance with the provisions of Clause 17.816.8.

Appears in 1 contract

Samples: Coal Mining Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority MPRDC within 15 (fifteen15(fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; , provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen15(fifteen) days, the Concessionaire shall submit the progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions provision of this Agreement, the Authority MPRDC shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions provision of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 18.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 18.3 and furnish a report in respect thereof to the Independent Engineer Monitor and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 18.4.2 The Independent Engineer Monitor shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Safety Requirements, Service Requirements and Maintenance Requirements and the procedure set forth in this Clause 19.4 18.4 shall be repeated until the Bus Terminal Project conforms to the Safety Requirements, Service Requirements and Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.816.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 17.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 Article – 17.3 and furnish a report in respect thereof to the Independent Engineer Engineer(s) and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 17.4.2 The Independent Engineer Engineer(s) shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 Article – 17.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8Article – 16.5.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority MPRDC within 15 (fifteen15(fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; , provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen15(fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Highway into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project Highway conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions provision of this Agreement, the Authority MPRDC shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions provision of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority .Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to do these remedial measures at its own cost and recover Damages the same from the Concessionaire under and in accordance with the provisions of Clause 17.8Concessionaire.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 16.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 16.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire Authority shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 16.4.2 The Independent Engineer Authority and/or Authority’s Representative shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 16.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.815.7.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 17.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 17.2 and furnish a report in respect thereof to the Independent Engineer and the Concessioning Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test resultsReport, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 17.4.2 The Independent Engineer Concessioning Authority shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Facilities into compliance with the Maintenance Safety Requirements and the procedure set forth in this Clause 19.4 17.4 shall be repeated until the Bus Terminal conforms Project Facilities conform to the Maintenance Safety Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Concessioning Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.815.3.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer Concessioning Authority and the Concessioning Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer Concessioning Authority shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Concessioning Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. oject 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority MOPIT within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority MOPIT shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer Supervision Committee and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 The Independent Engineer shall Supervision Committee may require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to take these remedial measures at its own cost and recover Damages the same from the Concessionaire under and in accordance with the provisions of Clause 17.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 16.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 16.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 16.4.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project Road into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 16.4 shall be repeated until the Bus Terminal Project Road conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.815.8.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 19.5.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 19.4 and furnish a report in respect thereof to the Independent Engineer Expert and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 19.5.2 The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Safety Requirements, Service Requirements and Maintenance Requirements and the procedure set forth in this Clause 19.4 19.5 shall be repeated until the Bus Terminal Project conforms to the Safety Requirements, Service Requirements and Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.817.5.

Appears in 1 contract

Samples: Concession Agreement

Remedial Measures. 19.4.1 19.3.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 Articles19.1 and 19.2 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement. 19.4.2 19.3.2 The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Bus Terminal Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 Article 19.3 shall be repeated until the Bus Terminal Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the Authority shall be entitled to recover Damages from the Concessionaire under and in accordance with the provisions of Clause 17.8.Schedule 5. ARTICLE20

Appears in 1 contract

Samples: Concession Agreement

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