Restrictions on construction of Additional Tollway Sample Clauses

Restrictions on construction of Additional Tollway. 30.1.1 Notwithstanding anything to the contrary contained in this Agreement but subject always to Clause 30.2, the Government shall not construct, and shall procure that no Government Instrumentality shall construct or cause to be constructed, any expressway or other toll road between, inter alia, Xxx and Mandleshwar i.e. km 14.780 and km 0.00 on Xxxxx Xxxxxxx Xx. 00 (collectively the “Additional Tollway”) for use by traffic at any time before the 12th (twelfth) anniversary of the Appointed Date; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety per cent) of its designed capacity specified in Clause 29.2.3; provided further that in the event of the Concession Period being reduced to 11 (eleven) years, the Additional Tollway may be opened to traffic at any time after the 7th (seventh)] anniversary of the Appointed Date. For the avoidance of doubt, Additional Tollway does not include any expressway or other toll road connecting, inter alia, Xxx and Mandleshwar i.e. km 14.780 and km 0.00 on Xxxxx Xxxxxxx Xx. 00 if the length of such expressway or toll road exceeds the length of the existing route comprising the Project Highway by 20% (twenty per cent) thereof.
Sample 1
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Restrictions on construction of Additional Tollway. 30.1.1 Notwithstanding anything to the contrary contained in this Agreement but subject always to Clause 30.2, the Government shall not construct, and shall procure that no Government Instrumentality shall construct or cause to be constructed, any expressway or other toll road between, inter alia, Manawar and Kukshi i.e. km 0/00 to 14/750 & Km. 0/00 to 23/600 on MDR (collectively the “Additional Tollway”) for use by traffic at any time before the [12th (twelfth) anniversary of the Appointed Date; provided that in the event of the Concession Period being reduced to 11 (eleven) years, the Additional Tollway may be opened to traffic at any time after the 7th (seventh)] anniversary of the Appointed Date. For the avoidance of doubt, Additional Tollway does not include any expressway or other toll road connecting, inter alia, Manawar and Kukshi i.e. km 0/00 to 14/750 & Km. 0/00 to 23/600 on MDR if the length of such expressway or toll road exceeds the length of the existing route comprising the Project Highway by 20% (twenty per cent) thereof.
Sample 1

Related to Restrictions on construction of Additional Tollway

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  • Construction of Agreement The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.

  • Limitations on subcontracting In performance of services awarded under OASIS SB, Limitations on Subcontracting, will be monitored and strictly enforced by the OASIS SB CO. References in this contract to the OASIS SB Prime Contractor or “concern” (per FAR 52.219- 14(c)(1)), with respect to limitations on subcontracting, are interpreted to include the prime contractor’s similarly situated subcontractors (under the NAICS code assigned to the contract) as defined in 13 CFR 125.6, unless otherwise specified by the OCO in their individual task order. The Contractor shall invoice to the customer the Total Labor Dollars Subcontracted under each task order. The amount of Labor Dollars Subcontracted must be based on invoiced or actual payments to subcontractors, NOT on proposed or estimated amounts. The Contractor’s Limitations on Subcontracting performance will be monitored in accordance with the following criteria for each type of set-aside: Total Small Business Set-Aside: In performance of all task orders combined as a Total Small Business Set-Aside, at least 50% of the cumulative average of all task order performance incurred for personnel shall be expended by the OASIS SB Prime Contractor. This requirement applies for each Pool the Contractor has an award under. (Note: For Total Small Business Set-Asides, each task order does not have to meet 50% unless otherwise specified by the OCO in their individual task order) In the event any Limitations on Subcontracting regulations change during the duration of OASIS SB, the OASIS SB CO reserves the right to unilaterally modify OASIS SB to reflect the change at no additional cost to the Government. The Contractor shall report Limitations on Subcontracting Data in the CPRM in accordance with Section G.3.2.1.4.

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  • Waiver of Rule of Construction Each Party has had the opportunity to consult with counsel in connection with the review, drafting and negotiation of this Agreement. Accordingly, the rule of construction that any ambiguity in this Agreement shall be construed against the drafting Party shall not apply.

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