Common use of Reports of unusualoccurrence Clause in Contracts

Reports of unusualoccurrence. The Contractor shall, during the Maintenance Period, prior to the close of each day, send to the Authority and the Authority’s Engineer, by facsimile or e- mail, a report stating accidents and unusual occurrences on the Project Highway relating to the safety and security of the Users and Project Highway. A monthly summary of such reports shall also be sent within 3 (three) business days of the closing of month. For the purposes of this Clause 15.4, accidents and unusual occurrences on the Project Highway shall include: (a) accident, death or severe injury to anyperson; (b) damaged or dislodged fixedequipment; (c) flooding of Project Highway;and (d) any other unusualoccurrence. Contract AgreementPage 94 of 251 Construction of Service Road and RCC Drain on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district in the state of Assam under EPC Mode Nov 2023 Article 16 Traffic Regulation 16.1 Traffic regulation by theContractor (i) The Contractor shall take all the required measures and make arrangements for the safety of Users during the Construction and Maintenance of the Project Highway or a Section thereof in accordance with the provisions of MORTH Specifications. It shall provide, erect and maintain all such barricades, signs, markings, flags, and lights as may be required by Good Industry Practice for the safety of the traffic passing through the Section under construction ormaintenance. (ii) All works shall be carried out in a manner creating least interferenceto traffic passing through the Project Highway or a Section thereof. In sections where construction or maintenance Works on the carriageway are taken up, the Contractor shall ensure that proper passage is provided for the traffic. Where it is not possible or safe to allow traffic on part width of the carriageway, a temporary diversion of proper specifications shall be constructed by the Contractor at its own cost. ‘ROBOTS’ may be used for diversion and control of traffic during Construction. The Contractor shall take prior approval of the Authority’s Engineer for any proposed arrangement for traffic regulation during Construction and Maintenance, which approval shall not be unreasonablywithheld. Contract AgreementPage 95 of 251 Construction of Service Road and RCC Drain on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district in the state of Assam under EPC Mode Nov 2023 Article 17 Defects Liability 17.1 Defects LiabilityPeriod (i) The Contractor shall be responsible for all the Defects and deficiencies, except usual wear and tear in the Project Highway or any Section thereof, till the expiry of a period of commencing from the date of Completion Certificate (the “Defects Liability Period”) as specifiedbelow: (a) 5 (five) years from the date of completion in case of a road being constructed with flexiblepavement; (b) 10 (ten) years from the date of completion in case of road being constructed with rigidpavement; (c) 10 (ten) years from the date of completion in case of road being constructed with flexible pavement using perpetualdesign; (d) 10 (ten) years from the date of completion in case of all stand-alone structures, e.g. Major Bridges/ andTunnels; (e) 10 (ten) years from the date of completion for the stretches where new technology/ material has been/ is proposed to beused. (f) 3 (three) years from the date of completion for stretches requiring renewal of Bituminous Concrete (BC) layer through either using hot-in-place recycling of the entire BC layer or providing a fresh layer of BC with 40mmthickness. (g) 3 (three) years from the date of completion for stretches requiring improvement to riding quality, in cases other than those mentioned in para (f) above, through laying a layer of BM/DBM andBC. The Defects Liability Period shall commence from the date of the Completion Certificate. For the avoidance of any doubt, any repairs or restoration because of usual wear or tear in the Project Highway or any Section thereof shall form a part of the Maintenance obligations of the Contractor as specified in Article14. 17.2 RemedyingDefects Save and except as provided in Clause 14.1 (iii), the Contractor shall repair or rectify all Defects and deficiencies observed by the Authority or Authority’s Engineer during the Defects Liability Period within a period of 15 (fifteen) days from the date of notice issued by the Authority or Authority’s Engineer in this behalf, or within such reasonable period as may be determined by the Authority or Authority’s Engineer at the request of the Contractor, in accordance with Good Industry Practice. Contract AgreementPage 96 of 251 Construction of Service Road and RCC Drain on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district in the state of Assam under EPC Mode Nov 2023 17.3 Cost of remedyingDefects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of theProject; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications andStandards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/or (d) failure by the Contractor to comply with any other obligation under this Agreement. 17.4

Reports of unusualoccurrence. The Contractor shall, during the Maintenance Period, prior to the close of each day, send to the Authority and the Authority’s Engineer, by facsimile or e- mail, a report stating accidents and unusual occurrences on the Project Highway relating to the safety and security of the Users and Project Highway. A monthly summary of such reports shall also be sent within 3 (three) business days of the closing of month. For the purposes of this Clause 15.4, accidents and unusual occurrences on the Project Highway shall include: (a) accident, death or severe injury to anyperson; (b) damaged or dislodged fixedequipment; (c) flooding of Project Highway;and (d) any other unusualoccurrence. Contract AgreementPage 94 98 of 251 154 “Construction of Service Road and RCC Drain Four Lane Panchgram Bypass from Design Chainage km 15+500 on both sides of NH 37A from Kaliabor –Tiniali- NH-37 (Km 0.000Old NH-53) at Kalinagar Pt.-II Village to Kolong Bridge Design Chainage km 27+300 at crossing with NH-6 (Km 0.600Old NH-44) in Nagaon district Near Xxxxxxxxx Pt.-I Village in the state State of Assam under on EPC Mode Nov under Xxxxxxxxxx Xxxxxxxxxx in Economic Corridors (Project Length – 11.8 km)” (4th Call) Mar 2023 Article 16 Traffic Regulation 16.1 Traffic regulation by theContractor (i) The Contractor shall take all the required measures and make arrangements for the safety of Users during the Construction and Maintenance of the Project Highway or a Section thereof in accordance with the provisions of MORTH Specifications. It shall provide, erect and maintain all such barricades, signs, markings, flags, and lights as may be required by Good Industry Practice for the safety of the traffic passing through the Section under construction ormaintenance. (ii) All works shall be carried out in a manner creating least interferenceto traffic passing through the Project Highway or a Section thereof. In sections where construction or maintenance Works on the carriageway are taken up, the Contractor shall ensure that proper passage is provided for the traffic. Where it is not possible or safe to allow traffic on part width of the carriageway, a temporary diversion of proper specifications shall be constructed by the Contractor at its own cost. ‘ROBOTS’ may be used for diversion and control of traffic during Construction. The Contractor shall take prior approval of the Authority’s Engineer for any proposed arrangement for traffic regulation during Construction and Maintenance, which approval shall not be unreasonablywithheld. Contract AgreementPage 95 99 of 251 Construction of Service Road and RCC Drain on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district in the state of Assam under EPC Mode Nov 2023 Article 17 Defects Liability 17.1 Defects LiabilityPeriod (i) The Contractor shall be responsible for all the Defects and deficiencies, except usual wear and tear in the Project Highway or any Section thereof, till the expiry of a period of commencing from the date of Completion Certificate (the “Defects Liability Period”) as specifiedbelow: (a) 5 (five) years from the date of completion in case of a road being constructed with flexiblepavement; (b) 10 (ten) years from the date of completion in case of road being constructed with rigidpavement; (c) 10 (ten) years from the date of completion in case of road being constructed with flexible pavement using perpetualdesign; (d) 10 (ten) years from the date of completion in case of all stand-alone structures, e.g. Major Bridges/ andTunnels; (e) 10 (ten) years from the date of completion for the stretches where new technology/ material has been/ is proposed to beused. (f) 3 (three) years from the date of completion for stretches requiring renewal of Bituminous Concrete (BC) layer through either using hot-in-place recycling of the entire BC layer or providing a fresh layer of BC with 40mmthickness. (g) 3 (three) years from the date of completion for stretches requiring improvement to riding quality, in cases other than those mentioned in para (f) above, through laying a layer of BM/DBM andBC. The Defects Liability Period shall commence from the date of the Completion Certificate. For the avoidance of any doubt, any repairs or restoration because of usual wear or tear in the Project Highway or any Section thereof shall form a part of the Maintenance obligations of the Contractor as specified in Article14. 17.2 RemedyingDefects Save and except as provided in Clause 14.1 (iii), the Contractor shall repair or rectify all Defects and deficiencies observed by the Authority or Authority’s Engineer during the Defects Liability Period within a period of 15 (fifteen) days from the date of notice issued by the Authority or Authority’s Engineer in this behalf, or within such reasonable period as may be determined by the Authority or Authority’s Engineer at the request of the Contractor, in accordance with Good Industry Practice. Contract AgreementPage 96 of 251 Construction of Service Road and RCC Drain on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district in the state of Assam under EPC Mode Nov 2023 17.3 Cost of remedyingDefects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of theProject; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications andStandards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/or (d) failure by the Contractor to comply with any other obligation under this Agreement. 17.4154

Reports of unusualoccurrence. The Contractor shall, during the Maintenance Period, prior to the close of each day, send to the Authority and the Authority’s Engineer, by facsimile or e- mail, a report stating accidents and unusual occurrences on the Project Highway relating to the safety and security of the Users and Project Highway. A monthly summary of such reports shall also be sent within 3 (three) business days of the closing of month. For the purposes of this Clause 15.4, accidents and unusual occurrences on the Project Highway shall include: (a) accident, death or severe injury to anyperson; (b) damaged or dislodged fixedequipment; (c) flooding of Project Highway;and (d) any other unusualoccurrence. Draft Contract AgreementPage 94 91 of 251 146 “Construction of Service Road and RCC Drain on both sides of NH 37A two lane with paved shoulders road from Kaliabor –Tiniali- Tamenglong to Mahur (Km 0.000) to Kolong Bridge (Km 0.600NH-137) in Nagaon district in the state State of Assam under Manipur from km 43.480 near Phelong Village to km 54.180 near Azuram Village (Length- 10.700 km) (Package-4) on EPC Mode Nov 2023 mode.” May 2021 Article 16 Traffic Regulation 16.1 Traffic regulation by theContractor (i) The Contractor shall take all the required measures and make arrangements for the safety of Users during the Construction and Maintenance of the Project Highway or a Section thereof in accordance with the provisions of MORTH Specifications. It shall provide, erect and maintain all such barricades, signs, markings, flags, and lights as may be required by Good Industry Practice for the safety of the traffic passing through the Section under construction ormaintenance. (ii) All works shall be carried out in a manner creating least interferenceto traffic passing through the Project Highway or a Section thereof. In sections where construction or maintenance Works on the carriageway are taken up, the Contractor shall ensure that proper passage is provided for the traffic. Where it is not possible or safe to allow traffic on part width of the carriageway, a temporary diversion of proper specifications shall be constructed by the Contractor at its own cost. ‘ROBOTS’ may be used for diversion and control of traffic during Construction. The Contractor shall take prior approval of the Authority’s Engineer for any proposed arrangement for traffic regulation during Construction and Maintenance, which approval shall not be unreasonablywithheld. Draft Contract AgreementPage 95 92 of 251 146 “Construction of Service Road and RCC Drain on both sides of NH 37A two lane with paved shoulders road from Kaliabor –Tiniali- Tamenglong to Mahur (Km 0.000) to Kolong Bridge (Km 0.600NH-137) in Nagaon district in the state State of Assam under Manipur from km 43.480 near Phelong Village to km 54.180 near Azuram Village (Length- 10.700 km) (Package-4) on EPC Mode Nov 2023 Article 17 Defects Liability 17.1 Defects LiabilityPeriod (i) The Contractor shall be responsible for all the Defects and deficiencies, except usual wear and tear in the Project Highway or any Section thereof, till the expiry of a period of commencing from the date of Completion Certificate (the “Defects Liability Period”) as specifiedbelow: (a) 5 (five) years from the date of completion in case of a road being constructed with flexiblepavement; (b) 10 (ten) years from the date of completion in case of road being constructed with rigidpavement; (c) 10 (ten) years from the date of completion in case of road being constructed with flexible pavement using perpetualdesign; (d) 10 (ten) years from the date of completion in case of all stand-alone structures, e.g. Major Bridges/ andTunnels; (e) 10 (ten) years from the date of completion for the stretches where new technology/ material has been/ is proposed to beused. (f) 3 (three) years from the date of completion for stretches requiring renewal of Bituminous Concrete (BC) layer through either using hot-in-place recycling of the entire BC layer or providing a fresh layer of BC with 40mmthickness. (g) 3 (three) years from the date of completion for stretches requiring improvement to riding quality, in cases other than those mentioned in para (f) above, through laying a layer of BM/DBM andBC. The Defects Liability Period shall commence from the date of the Completion Certificate. For the avoidance of any doubt, any repairs or restoration because of usual wear or tear in the Project Highway or any Section thereof shall form a part of the Maintenance obligations of the Contractor as specified in Article14. 17.2 RemedyingDefects Save and except as provided in Clause 14.1 (iii), the Contractor shall repair or rectify all Defects and deficiencies observed by the Authority or Authority’s Engineer during the Defects Liability Period within a period of 15 (fifteen) days from the date of notice issued by the Authority or Authority’s Engineer in this behalf, or within such reasonable period as may be determined by the Authority or Authority’s Engineer at the request of the Contractor, in accordance with Good Industry Practice. Contract AgreementPage 96 of 251 Construction of Service Road and RCC Drain on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district in the state of Assam under EPC Mode Nov 2023 17.3 Cost of remedyingDefects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of theProject; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications andStandards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/or (d) failure by the Contractor to comply with any other obligation under this Agreement. 17.4mode.” May 2021

Reports of unusualoccurrence. The Contractor shall, during the Maintenance Period, prior to the close of each day, send to the Authority and the Authority’s Engineer, by facsimile or e- mail, a report stating accidents and unusual occurrences on the Project Highway relating to the safety and security of the Users and Project Highway. A monthly summary of such reports shall also be sent within 3 (three) business days of the closing of month. For the purposes of this Clause 15.4, accidents and unusual occurrences on the Project Highway shall include: (a) accident, death or severe injury to anyperson; (b) damaged or dislodged fixedequipment; (c) flooding of Project Highway;and (d) any other unusualoccurrence. Contract AgreementPage 94 96 of 251 152 “Construction of Service Road and RCC Drain Four Lane Panchgram Bypass from Design Chainage km 15+500 on both sides of NH 37A from Kaliabor –Tiniali- NH-37 (Km 0.000Old NH-53) at Kalinagar Pt.-II Village to Kolong Bridge Design Chainage km 27+300 at crossing with NH-6 (Km 0.600Old NH-44) in Nagaon district Near Xxxxxxxxx Pt.-I Village in the state State of Assam under on EPC Mode Nov under Xxxxxxxxxx Xxxxxxxxxx in Economic Corridors (Project Length – 11.8 km)” (3rd Call) Mar 2023 Article 16 Traffic Regulation 16.1 Traffic regulation by theContractor (i) The Contractor shall take all the required measures and make arrangements for the safety of Users during the Construction and Maintenance of the Project Highway or a Section thereof in accordance with the provisions of MORTH Specifications. It shall provide, erect and maintain all such barricades, signs, markings, flags, and lights as may be required by Good Industry Practice for the safety of the traffic passing through the Section under construction ormaintenance. (ii) All works shall be carried out in a manner creating least interferenceto traffic passing through the Project Highway or a Section thereof. In sections where construction or maintenance Works on the carriageway are taken up, the Contractor shall ensure that proper passage is provided for the traffic. Where it is not possible or safe to allow traffic on part width of the carriageway, a temporary diversion of proper specifications shall be constructed by the Contractor at its own cost. ‘ROBOTS’ may be used for diversion and control of traffic during Construction. The Contractor shall take prior approval of the Authority’s Engineer for any proposed arrangement for traffic regulation during Construction and Maintenance, which approval shall not be unreasonablywithheld. Contract AgreementPage 95 97 of 251 152 “Construction of Service Road and RCC Drain Four Lane Panchgram Bypass from Design Chainage km 15+500 on both sides of NH 37A from Kaliabor –Tiniali- NH- 37 (Km 0.000Old NH-53) at Kalinagar Pt.-II Village to Kolong Bridge Design Chainage km 27+300 at crossing with NH-6 (Km 0.600Old NH-44) in Nagaon district Near Xxxxxxxxx Pt.-I Village in the state State of Assam under on EPC Mode Nov under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (3rd Call) Mar 2023 Article 17 Defects Liability 17.1 Defects LiabilityPeriod (i) The Contractor shall be responsible for all the Defects and deficiencies, except usual wear and tear in the Project Highway or any Section thereof, till the expiry of a period of commencing from the date of Completion Certificate (the “Defects Liability Period”) as specifiedbelow: (a) 5 (five) years from the date of completion in case of a road being constructed with flexiblepavement; (b) 10 (ten) years from the date of completion in case of road being constructed with rigidpavement; (c) 10 (ten) years from the date of completion in case of road being constructed with flexible pavement using perpetualdesign; (d) 10 (ten) years from the date of completion in case of all stand-alone structures, e.g. Major Bridges/ andTunnels; (e) 10 (ten) years from the date of completion for the stretches where new technology/ material has been/ is proposed to beused. (f) 3 (three) years from the date of completion for stretches requiring renewal of Bituminous Concrete (BC) layer through either using hot-in-place recycling of the entire BC layer or providing a fresh layer of BC with 40mmthickness. (g) 3 (three) years from the date of completion for stretches requiring improvement to riding quality, in cases other than those mentioned in para (f) above, through laying a layer of BM/DBM andBC. The Defects Liability Period shall commence from the date of the Completion Certificate. For the avoidance of any doubt, any repairs or restoration because of usual wear or tear in the Project Highway or any Section thereof shall form a part of the Maintenance obligations of the Contractor as specified in Article14. 17.2 RemedyingDefects Save and except as provided in Clause 14.1 (iii), the Contractor shall repair or rectify all Defects and deficiencies observed by the Authority or Authority’s Engineer during the Defects Liability Period within a period of 15 (fifteen) days from the date of notice issued by the Authority or Authority’s Engineer in this behalf, or within such reasonable period as may be determined by the Authority or Authority’s Engineer at the request of the Contractor, in accordance with Good Industry Practice. Contract AgreementPage 96 98 of 251 152 “Construction of Service Road and RCC Drain Four Lane Panchgram Bypass from Design Chainage km 15+500 on both sides of NH 37A from Kaliabor –Tiniali- NH-37 (Km 0.000Old NH-53) at Kalinagar Pt.-II Village to Kolong Bridge Design Chainage km 27+300 at crossing with NH-6 (Km 0.600Old NH-44) in Nagaon district Near Xxxxxxxxx Pt.-I Village in the state State of Assam under on EPC Mode Nov under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (3rd Call) Mar 2023 17.3 Cost of remedyingDefects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of theProject; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications andStandards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/or (d) failure by the Contractor to comply with any other obligation under this Agreement. 17.4