Common use of REPAIR AND MAINTENANCE OF THE FACILITY Clause in Contracts

REPAIR AND MAINTENANCE OF THE FACILITY. 7.4.1 The Operator shall maintain the Facility in line with Good Industry Practice and shall ensure that the Facility is fully operational throughout the Concession Period. The Authority shall pass on to the Operator any benefits of defect liability periods under the relevant construction contractors of the Facility. 7.4.2 The Operator shall not schedule any major repair or maintenance work in respect of the Facility at any time during the Services Period without the prior written consent of the Authority. The Operator shall ensure that all major repair and maintenance work in respect of the Facility is scheduled at a time during the vacations when the Facility is free and the consent of the Authority is sought in respect of such work and the period required to complete the same prior to undertaking such work. The Operator shall submit in writing to the Authority, with copies to the Independent Auditor and Independent Expert, the details and costs of all major maintenance and repair works proposed to be undertaken by the Operator in respect of the Facility at least thirty (30) days prior to the vacations in which such repair and maintenance work is being planned. All major repair and maintenance work and the costs thereof shall be certified by the Independent Auditor prior to the Authority approving the same and making appropriate disbursements in respect of such works; provided that the Independent Auditor and the Authority shall certify, amend and/or approve (as applicable) the request of the Operator within a period of thirty (30) days. The Authority shall disburse the costs of such repair and maintenance, as certified by the Independent Auditor, to the Operator with the upcoming Annuity Amount Payment Date of the aforesaid approval. For sake of clarity any amounts paid by the Authority to the Operator in respect of repair and maintenance work pursuant to this Article 7.4.2 shall be in addition to the Annuity Amount Payments required to be made hereunder. 7.4.3 When the need arises for an unscheduled outage in order to undertake emergency maintenance during an Academic Year (“Unscheduled Outage”), the Operator shall advise the Authority of such need and the commencement and estimated duration of such work. The Authority shall allow the Operator to schedule such outage within a period of time that is reasonable under the circumstances and not exceeding the time required by Good Industry Practice. The Operator shall advise the Authority of the above matters by a notice in writing, and the Authority shall respond within 72 (Seventy Two) hours from receiving such notice. In case an extension is required in the Unscheduled Outage period, such extension shall be subject to the prior written approval of the Authority. 7.4.4 If the Operator ceases to operate any Facility for a period of 72 (Seventy Two) consecutive hours, other than due to a Force Majeure Event or an Unscheduled Outage, then the Authority shall be entitled, upon giving a 24 (Twenty Four) hours prior written notice, to step-in and undertake O&M and perform the Services at such Facility until the Operator demonstrates to the satisfaction of the Authority that it can and will resume normal operation of such Facility. 7.4.5 If the Authority has not notified the end of the step-in after the expiry of a period of 90 (Ninety) Days starting from the date of step-in by the Authority, and except as otherwise agreed by the Parties, the Agreement shall automatically be terminated for an Operator Event of Default. The exercise of the Authority's rights under this Article

REPAIR AND MAINTENANCE OF THE FACILITY. 7.4.1 The Operator shall maintain the Facility in line with Good Industry Practice Practices and shall ensure that the Facility is fully operational throughout the Concession Period. The Authority Operator shall pass on to be responsible for undertaking the Operator any benefits of defect liability periods under the relevant construction contractors operation and maintenance of the FacilityFacility during the Concession Period in accordance with the RFP Budget Guidelines. 7.4.2 The Operator shall not schedule any major and conduct the initial repair or and maintenance work in respect work, of the Facility at any time to ensure the overall Facility is fully operational during the Services Period without in accordance with the prior written consent of terms & conditions set out in the Authority. The Operator shall ensure that all major repair and maintenance work in respect of the Facility is scheduled at a time during the vacations when the Facility is free and the consent of the Authority is sought in respect of such work and the period required to complete the same prior to undertaking such work. The Operator shall submit in writing to the Authority, with copies to the Independent Auditor and Independent Expert, the details and costs of all major maintenance and repair works proposed to be undertaken by the Operator in respect of the Facility at least thirty (30) days prior to the vacations in which such repair and maintenance work is being plannedRFP. All major the repair and maintenance work and the costs thereof shall be certified by the Independent Auditor prior to the Authority approving the same Expert and making appropriate disbursements in respect of such works; provided that the Independent Auditor and the Authority shall certify, amend and/or approve (as applicable) the request of the Operator within a period of thirty (30) daysAuditor. The Authority shall disburse the costs of such repair and maintenance, as certified by the Independent Expert and Independent Auditor, to the Operator with the upcoming Annuity Amount Payment Date of the aforesaid approval. For sake of clarity any amounts paid by the Authority to the Operator in respect of repair and maintenance work pursuant to this Article 7.4.2 shall be in addition to the Annuity Amount Payments required to be made hereunderDate. 7.4.3 When the need arises for an unscheduled outage in order to undertake emergency maintenance during an Academic the Financial Year (“the 'Unscheduled Outage”'), the Operator shall advise the Authority of such need and the commencement and estimated duration of such work. The Authority shall may allow the Operator to schedule such an outage within a period of time that is reasonable under the circumstances and not exceeding the time required by Good Industry PracticePractices. The Operator shall advise the Authority of the above matters by a notice in writing, and the Authority shall respond within 72 three (Seventy Two3) hours from working days of receiving such notice. In case an extension is required in the Unscheduled Outage period, such extension shall be subject to the prior written approval of the Authority. 7.4.4 If the Operator ceases to operate any Facility for a period of 72 seventy-two (Seventy Two72) consecutive hours, other than due to a Force Majeure Event or an Unscheduled Outage, then the Authority shall be entitled, upon giving a 24 twenty-four (Twenty Four24) hours prior written notice, to step-step in and undertake O&M and perform the Services at such Facility until the Operator demonstrates to the satisfaction of the Authority that it can and will resume normal operation of such Facility. 7.4.5 If the Authority has not notified the end of the step-in after the expiry of a period of 90 ninety (Ninety90) Days starting from the date of step-in by the Authority, and except as otherwise agreed by the Parties, the Agreement shall automatically be terminated for an Operator Event of Default. The exercise of the Authority's rights under Article 7.4 shall be at the Operator's cost, risk, and expense. The Authority shall not be required to make any payments to the Operator during the time of step-in other than those payments that are already due and payable to the Operator under this ArticleAgreement prior to the time of step-in.