Common use of Restrictions on certain works Clause in Contracts

Restrictions on certain works. 16.4.1 Notwithstanding anything to the contrary contained in this Article 16, if the cumulative costs relating to all the Change of Scope Orders exceed 5% (five per cent) of the Concession Fee in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceeds 25% (twenty five per cent) of the Concession Fee at any time during the Concession Period the provisions of Clause 16.5 shall apply and the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria either by itself where such work requires operation and maintenance, or through another company where such work requires construction on any part of the Tower Assets, subject to payment of 2% (two per cent) of the bid amount to the Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if the Selected Bidder or the Concessionaire, as the case may be, has participated in the bidding process either individually or as a consortium or JV with another company and fulfils the eligibility criteria to undertake such work without compromising with its overall liability. The Concessionaire may, in its sole discretion, accept or reject any Change of Scope Order, without assigning any reason whatsoever, such Change of Scope Order being within 5% (five per cent) of the Concession Fee in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs is within 25% (twenty five per cent) of the Concession Fee at any time during the Concession Period. Upon refusal by the Concessionaire hereto, the provisions of Clause 16.5 shall apply. However, in case the Concessionaire decides to take up the Change of Xxxxx works, it shall proceed with the same within such timelines as agreed between the Parties and the provisions of Clause 16.3 shall apply thereto.

Restrictions on certain works. 16.4.1 20.4.1. Notwithstanding anything to the contrary contained in this Article 1620, if the cumulative costs relating to all the Change of Scope Orders exceed 5% (five per cent) of the Concession Fee in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceeds exceed 25% (twenty five per cent) of the Concession Fee at any time during the Concession Period the provisions of Clause 16.5 20.5 shall apply and the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria either by itself where such work requires tolling, operation and maintenance, or through another company where such work requires construction on any part of the Tower AssetsProject Highway, subject to payment of 2% (two per cent) of the bid amount to the Contracting Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if the Selected Bidder or the Concessionaire, as the case may be, has participated in the bidding process either individually or as a consortium or JV with another company and fulfils the eligibility criteria to undertake such work without compromising with its overall liability. The Concessionaire may, in its sole discretion, accept or reject any Change of Scope Order, without assigning any reason whatsoever, such Change of Scope Order being within 5% (five per cent) of the Concession Fee in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs is within 25% (twenty five per cent) of the Concession Fee at any time during the Concession Period. Upon refusal by the Concessionaire hereto, the provisions of Clause 16.5 20.5 shall apply. However, in case the Concessionaire decides to take up the Change of Xxxxx Scope works, it shall proceed with the same within such timelines as agreed between the Parties and the provisions of Clause 16.3 20.3 shall apply thereto.. 68 TBD

Restrictions on certain works. 16.4.1 21.4.1 Notwithstanding anything to the contrary contained in this Article 1621, if the cumulative costs relating to all the Change of Scope Orders exceed 5% (five per cent) of the Concession Fee in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceeds exceed 25% (twenty five per cent) of the Concession Fee at any time during the Concession Period the provisions of Clause 16.5 21.5 shall apply and the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria either by itself where such work requires tolling, operation and maintenance, or through another company where such work requires construction on any part of the Tower AssetsProject Road, subject to payment of 2% (two per cent) of the bid amount to the Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if the Selected Bidder or the Concessionaire, as the case may be, has participated in the bidding process either individually or as a consortium or JV with another company and fulfils the eligibility criteria to undertake such work without compromising with its overall liability. The Concessionaire may, in its sole discretion, accept or reject any Change of Scope Order, without assigning any reason whatsoever, such Change of Scope Order being within 5% (five per cent) of the Concession Fee in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs is within 25% (twenty five per cent) of the Concession Fee at any time during the Concession Period. Upon refusal by the Concessionaire hereto, the provisions of Clause 16.5 21.5 shall apply. However, in case the Concessionaire decides to take up the Change of Xxxxx works, it shall proceed with the same within such timelines as agreed between the Parties and the provisions of Clause 16.3 21.3 shall apply thereto.

Restrictions on certain works. 16.4.1 21.4.1 Notwithstanding anything to the contrary contained in this Article 1621, if the cumulative costs relating to all the Change of Scope Orders exceed 5% (five per cent) of the Concession Fee in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceeds exceed 25% (twenty five per cent) of the Concession Fee at any time during the Concession Period the provisions of Clause 16.5 21.5 shall apply and the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria either by itself where such work requires tolling, operation and maintenance, or through another company where such work requires construction on any part of the Tower AssetsProject Highway, subject to payment of 2% (two per cent) of the bid amount to the Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if the Selected Bidder or the Concessionaire, as the case may be, has participated in the bidding process either individually or as a consortium or JV with another company and fulfils the eligibility criteria to undertake such work without compromising with its overall liability. The Concessionaire may, in its sole discretion, accept or reject any Change of Scope Order, without assigning any reason whatsoever, such Change of Scope Order being within 5% (five per cent) of the Concession Fee in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs is within 25% (twenty five per cent) of the Concession Fee at any time during the Concession Period. Upon refusal by the Concessionaire hereto, the provisions of Clause 16.5 21.5 shall apply. However, in case the Concessionaire decides to take up the Change of Xxxxx works, it shall proceed with the same within such timelines as agreed between the Parties and the provisions of Clause 16.3 21.3 shall apply thereto.