Review and Approval of Drawings. 1.27.1 The Lessee shall, promptly and in such sequence as is consistent with the detailed Project Up-gradation Plan, development guidelines and Minimum Development Requirements, submit Drawings to DOT and / or any other official / agency designated by DOT for the purpose of monitoring. 1.27.2 DOT and / or any other official / agency designated by DOT for the purpose of monitoring - shall review the Drawings within 15 (Fifteen) days of their receipt and convey comments / observations thereon to the Lessee – with particular reference to the conformity or otherwise of the Drawings with the Minimum Development Requirements and development guidelines applicable to the Project. If the Drawings are not in conformity with the above provisions of the Lease cum Development Agreement, such Drawings shall be revised by the Lessee within 15 (fifteen) days of being intimated by DOT or any other official / agency designated by DOT for the purpose of monitoring, to the extent necessary and re-submitted to DOT and / or any other official / agency designated by DOT for the purpose of monitoring for further review. DOT or any other official / agency designated by DOT for the purpose of monitoring shall give their observations and comments, if any, within 15 (Fifteen) days of the receipt of such revised Drawings which shall be taken into account by the Lessee while finalising the Drawings. 1.27.3 If DOT and / or any other official / agency designated by DOT for the purpose of monitoring does not object to the Drawings submitted by the Lessee within the period stipulated in clause 1.27.2 of the Lessee shall be entitled to proceed with the Project accordingly subject to clearance from the development authority having jurisdiction over the Project area. 1.27.4 It is expressly agreed that notwithstanding any review or failure to review by XXX and / or any other official / agency designated by DOT for the purpose of monitoring - or any comments / observations of DOT and / or of any other official / agency designated by DOT for the purpose of monitoring, the Lessee shall be solely responsible for the adequacy of the Drawings and their conformity with the Minimum Development Requirements and other provisions of this Agreement and shall not be relieved or absolved in any manner whatsoever of its obligations, duties and liabilities as set forth in this Agreement. 1.27.5 The Lessee shall be liable for delays in the Project and consequences thereof, caused by reason of any Drawings not being in conformity with the Minimum Development Requirements and other provisions in this Agreement and shall not be entitled to seek any relief in this regard from DOT. If there is any delay in execution of the project due to DOT and / or any other official / agency designated by DOT for the purpose of monitoring - not being able to review and / or sanction the drawings and provide his comments, then the timelines for the Project shall be accordingly extended in accordance with the numbers of days during which DOT and / or any other official / agency designated by DOT for the purpose of monitoring - does not provide comments and / or sanction Drawings subject to a maximum of 3 months, provided that the delay has not been caused due to any action of the Lessee. 1.27.6 If any new construction has been undertaken for the Project to meet the Minimum Developmental Guidelines, then within 90 (ninety) days of FCOD, the Lessee shall furnish to DOT three copies of "as built" Drawings reflecting the layout of the Project Facility as actually designed, engineered and constructed, including without limitation an "as built” surveys illustrating the layout of the Project Facility and setback lines, if any, of the buildings and structures forming part of Project Facility.
Appears in 2 contracts
Samples: Lease Cum Development Agreement, Lease Cum Development Agreement
Review and Approval of Drawings. 1.27.1 The Lessee shall, promptly and in such sequence as is consistent with the detailed Project Up-gradation Plan, development guidelines and Minimum Development Requirements, submit Drawings to DOT and / or any other official / agency designated by DOT for the purpose of monitoring.
1.27.2 DOT and / or any other official / agency designated by DOT for the purpose of monitoring - shall review the Drawings within 15 (Fifteen) days of their receipt and convey comments / observations thereon to the Lessee – with particular reference to the conformity or otherwise of the Drawings with the Minimum Development Requirements and development guidelines applicable to the Project. If the Drawings are not in conformity with the above provisions of the Lease cum Development Agreement, such Drawings shall be revised by the Lessee within 15 (fifteen) days of being intimated by DOT or any other official / agency designated by DOT for the purpose of monitoring, to the extent necessary and re-submitted to DOT and / or any other official / agency designated by DOT for the purpose of monitoring for further review. DOT or any other official / agency designated by DOT for the purpose of monitoring shall give their observations and comments, if any, within 15 (Fifteen) days of the receipt of such revised Drawings which shall be taken into account by the Lessee while finalising the Drawings.
1.27.3 If DOT and / or any other official / agency designated by DOT for the purpose of monitoring does not object to the Drawings submitted by the Lessee within the period stipulated in clause 1.27.2 of the Lessee shall be entitled to proceed with the Project accordingly subject to clearance from the development authority having jurisdiction over the Project area.
1.27.4 It is expressly agreed that notwithstanding any review or failure to review by XXX DOT and / or any other official / agency designated by DOT for the purpose of monitoring - or any comments / observations of DOT and / or of any other official / agency designated by DOT for the purpose of monitoring, the Lessee shall be solely responsible for the adequacy of the Drawings and their conformity with the Minimum Development Requirements and other provisions of this Agreement and shall not be relieved or absolved in any manner whatsoever of its obligations, duties and liabilities as set forth in this Agreement.
1.27.5 The Lessee shall be liable for delays in the Project and consequences thereof, caused by reason of any Drawings not being in conformity with the Minimum Development Requirements and other provisions in this Agreement and shall not be entitled to seek any relief in this regard from DOT. If there is any delay in execution of the project due to DOT and / or any other official / agency designated by DOT for the purpose of monitoring - not being able to review and / or sanction the drawings and provide his comments, then the timelines for the Project shall be accordingly extended in accordance with the numbers of days during which DOT and / or any other official / agency designated by DOT for the purpose of monitoring - does not provide comments and / or sanction Drawings subject to a maximum of 3 months, provided that the delay has not been caused due to any action of the Lessee.
1.27.6 If any new construction has been undertaken for the Project to meet the Minimum Developmental Guidelines, then within 90 (ninety) days of FCOD, the Lessee shall furnish to DOT three copies of "as built" Drawings reflecting the layout of the Project Facility as actually designed, engineered and constructed, including without limitation an "as built” surveys illustrating the layout of the Project Facility and setback lines, if any, of the buildings and structures forming part of Project Facility.
Appears in 1 contract
Samples: Lease Cum Development Agreement
Review and Approval of Drawings. 1.27.1 The Lessee shall, promptly and in such sequence as is consistent with the detailed Project Up-gradation Plan, development guidelines and Minimum Development Requirements, submit Drawings to DOT and / or any other official / agency designated by DOT for the purpose of monitoring.
1.27.2 DOT and / or any other official / agency designated by DOT for the purpose of monitoring - shall review the Drawings within 15 (Fifteen) days of their receipt and convey comments / observations thereon to the Lessee – with particular reference to the conformity or otherwise of the Drawings with the Minimum Development Requirements and development guidelines applicable to the Project. If the Drawings are not in conformity with the above provisions of the Lease cum Development Agreement, such Drawings shall be revised by the Lessee within 15 (fifteen) days of being intimated by DOT or any other official / agency designated by DOT for the purpose of monitoring, to the extent necessary and re-submitted to DOT and / or any other official / agency designated by DOT for the purpose of monitoring for further review. DOT or any other official / agency designated by DOT for the purpose of monitoring shall give their observations and comments, if any, within 15 (Fifteen) days of the receipt of such revised Drawings which shall be taken into account by the Lessee while finalising the Drawings.
1.27.3 If DOT and / or any other official / agency designated by DOT for the purpose of monitoring does not object to the Drawings submitted by the Lessee within the period stipulated in clause 1.27.2 of the Lessee shall be entitled to proceed with the Project accordingly subject to clearance from the development authority having jurisdiction over the Project area.
1.27.4 It is expressly agreed that notwithstanding any review or failure to review by XXX and / or any other official / agency designated by DOT for the purpose of monitoring - or any comments / observations of DOT and / or of any other official / agency designated by DOT for the purpose of monitoring, the Lessee shall be solely responsible for the adequacy of the Drawings and their conformity with the Minimum Development Requirements and other provisions of this Agreement and shall not be relieved or absolved in any manner whatsoever of its obligations, duties and liabilities as set forth in this Agreement.
1.27.5 The Lessee shall be liable for delays in the Project and consequences thereof, caused by reason of any Drawings not being in conformity with the Minimum Development Requirements and other provisions in this Agreement and shall not be entitled to seek any relief in this regard from DOT. If there is any delay in execution of the project due to DOT and / or any other official / agency designated by DOT for the purpose of monitoring - not being able to review and / or sanction the drawings and provide his comments, then the timelines for the Project shall be accordingly extended in accordance with the numbers of days during which DOT and / or any other official / agency designated by DOT for the purpose of monitoring - does not provide comments and / or sanction Drawings subject to a maximum of 3 2 months, provided that the delay has not been caused due to any action of the Lessee.
1.27.6 If any new construction has been undertaken for the Project to meet the Minimum Developmental Guidelines, then within 90 60 (ninetysixty) days of FCODCOD, the Lessee shall furnish to DOT three copies of "as built" Drawings reflecting the layout of the Project Facility as actually designed, engineered and constructed, including without limitation an "as built” surveys illustrating the layout of the Project Facility and setback lines, if any, of the buildings and structures forming part of Project Facility.
Appears in 1 contract
Samples: Lease Cum Development Agreement
Review and Approval of Drawings. 1.27.1 The Lessee shall, promptly and in such sequence as is consistent with the detailed Project Up-gradation Plan, development guidelines and Minimum Development Requirements, submit Drawings to DOT and / or any other official / agency designated by DOT for the purpose of monitoring.
1.27.2 DOT and / or any other official / agency designated by DOT for the purpose of monitoring - shall review the Drawings within Drawingswithin 15 (Fifteen) days of their receipt and convey comments / comments/observations thereon to the Lessee – with particular reference to the conformity or otherwise of the Drawings with the Minimum Development Requirements and development guidelines applicable to the Project. If the Drawings are not in conformity with the above provisions of the Lease cum Development Agreement, such Drawings shall be revised by the Lessee within 15 (fifteen) days of being intimated by DOT or any other official / agency designated by DOT for the purpose of monitoring, to the extent necessary and re-submitted to DOT and / or any other official / agency designated by DOT for the purpose of monitoring for further review. DOT or any other official / agency designated by DOT for the purpose of monitoring shall give their observations and comments, if any, within 15 (Fifteen) days of the receipt of such revised Drawings which shall be taken into account by the Lessee while finalising the Drawings.
1.27.3 If DOT and / or any other official / agency designated by DOT for the purpose of monitoring does not object to the Drawings submitted by the Lessee within the period stipulated in clause 1.27.2 of 1.27.2of the Lessee shall be entitled to proceed with the Project accordingly subject to clearance from the development authority having jurisdiction over the Project area.
1.27.4 It is expressly agreed that notwithstanding any review or failure to review by XXX DOT and / or any other official / agency designated by DOT for the purpose of monitoring - or any comments / comments/observations of DOT and / or of any other official / agency designated by DOT for the purpose of monitoring, the Lessee shall be solely responsible for the adequacy of the Drawings and their conformity with the Minimum Development Requirements and other provisions of this Agreement and shall not be relieved or absolved in any manner whatsoever of its obligations, duties and liabilities as set forth in this Agreement.
1.27.5 The Lessee shall be liable for delays in the Project and consequences thereof, caused by reason of any Drawings not being in conformity with the Minimum Development Requirements and other provisions in this Agreement and shall not be entitled to seek any relief in this regard from DOT. If there is any delay in execution of the project due to DOT and / or any other official / agency designated by DOT for the purpose of monitoring - not being able to review and / or sanction the drawings and provide his comments, then the timelines for the Project shall be accordingly extended in accordance with the numbers of days during which DOT and / or any other official / agency designated by DOT for the purpose of monitoring - does not provide comments and / or sanction Drawings subject to a maximum of 3 months, provided that the delay has not been caused due to any action of the Lessee.
1.27.6 If any new construction has been undertaken for the Project to meet the Minimum Developmental Guidelines, then within 90 (ninety) days of FCOD, the Lessee shall furnish to DOT three copies of "as built" Drawings reflecting the layout of the Project Facility as actually designed, engineered and constructed, including without limitation an "as built” surveys illustrating the layout of the Project Facility and setback lines, if any, of the buildings and structures forming part of Project Facility.
Appears in 1 contract
Samples: Lease Cum Development Agreement
Review and Approval of Drawings. 1.27.1 a. The Lessee shall, Concessionaire shall promptly and in such sequence as is consistent with the detailed Project Up-gradation Plan, development guidelines and Minimum Development RequirementsCompletion Schedule, submit a copy each of all Drawings to DOT the Independent Engineer and / or any other official / agency designated by DOT for the purpose of monitoringProject Monitoring Committee.
1.27.2 DOT b. By forwarding the Drawings to the Independent Engineer and / or any other official / agency designated by DOT for the purpose Project Monitoring Committee pursuant to sub-article (a) above, the Concessionaire represents that it has determined and verified that the design and engineering including field construction criteria related thereto are in conformity with the Project Requisites.
c. Within 15 (fifteen) days of monitoring - the receipt of the Drawings, Independent Engineer shall review the same taking into account, interalia, comments of the Project Monitoring Committee, if any, on such Drawings within 15 (Fifteen) days of their receipt made available to the Independent Engineer, and convey comments / observations its comments/observations, if any, thereon to the Lessee – Concessionaire with particular reference to the conformity or otherwise of the Drawings with the Minimum Development Requirements and development guidelines applicable to the Project. If the Drawings are not in conformity with the above provisions of the Lease cum Development Agreement, such Drawings shall be revised by the Lessee within 15 (fifteen) days of being intimated by DOT or any other official / agency designated by DOT for the purpose of monitoring, to the extent necessary and re-submitted to DOT and / or any other official / agency designated by DOT for the purpose of monitoring for further review. DOT or any other official / agency designated by DOT for the purpose of monitoring shall give their observations and comments, if any, within 15 (Fifteen) days of the receipt of such revised Drawings which shall be taken into account by the Lessee while finalising the Drawings.
1.27.3 If DOT and / or any other official / agency designated by DOT for the purpose of monitoring does not object to the Drawings submitted by the Lessee within the period stipulated in clause 1.27.2 of the Lessee shall be entitled to proceed with the Project accordingly subject to clearance from the development authority having jurisdiction over the Project area.
1.27.4 Requisites. It is expressly agreed that notwithstanding any review or failure to review by XXX and / the Independent Engineer or the Project Monitoring Committee or any other official / agency designated by DOT for the purpose of monitoring - or any comments / comments/observations of DOT and / or of the Independent Engineer/ Project Monitoring Committee, MMC shall not be liable for any other official / agency designated by DOT for the purpose of monitoring, the Lessee shall be solely responsible for the adequacy inadequacy of the Drawings and their conformity with that the Minimum Development Requirements and other provisions of this Agreement Concessionaire shall solely be responsible therefor and shall not be relieved or absolved in any manner whatsoever of its obligations, duties and liabilities as set forth in this Agreement.
1.27.5 The Lessee shall be liable for delays in d. If the Project and consequences thereof, caused by reason comments/observations of any Independent Engineer indicate that the Drawings are not being in conformity with the Minimum Development Requirements and other provisions in this Agreement and shall not be entitled to seek any relief in this regard from DOT. If there is any delay in execution of the project due to DOT and / or any other official / agency designated by DOT for the purpose of monitoring - not being able to review and / or sanction the drawings and provide his commentsProject Requisites, then the timelines for the Project such Drawings shall be accordingly extended in accordance with revised by the numbers of days during which DOT Concessionaire to the extent necessary and / or any other official / agency designated by DOT resubmitted to Independent Engineer for the purpose of monitoring - does not provide comments further review. Independent Engineer shall give its observations and / or sanction Drawings subject to a maximum of 3 months, provided that the delay has not been caused due to any action of the Lessee.
1.27.6 If any new construction has been undertaken for the Project to meet the Minimum Developmental Guidelines, then within 90 (ninety) days of FCOD, the Lessee shall furnish to DOT three copies of "as built" Drawings reflecting the layout of the Project Facility as actually designed, engineered and constructed, including without limitation an "as built” surveys illustrating the layout of the Project Facility and setback linescomments, if any, within 15 (fifteen) days of the buildings and structures forming part receipt of such revised Drawings. Provided, however, that any observations or comments of Independent Engineer or failure of Independent Engineer to give any observations or comments on such revised Drawings shall not relieve or absolve the Concessionaire of its obligation to conform to such Project FacilityRequisites.
e. If the Independent Engineer does not object to the Drawings submitted to it by the Concessionaire within a period stipulated in above sub-article
Appears in 1 contract
Samples: Concession Agreement
Review and Approval of Drawings. 1.27.1 (a) The Lessee shall, Concessionaire shall promptly and in such sequence as is consistent with the detailed Project Up-gradation Plan, development guidelines and Minimum Development RequirementsCompletion Schedule, submit a copy each of all Drawings to DOT the Independent Engineer and / or any other official / agency designated by DOT for the purpose of monitoringSteering Group .
1.27.2 DOT (b) By forwarding the Drawings to the Independent Engineer/ Steering Group pursuant to sub-article (a) above, the Concessionaire represents that it has determined and / or any other official / agency designated by DOT for verified that the purpose design and engineering including field construction criteria related thereto are in conformity with the Specifications and Standards.
(c) Within 15 (fifteen) days of monitoring - the receipt of the Drawings, Independent Engineer shall review the same taking into account, interalia, comments of the Steering Group, if any, on such Drawings within 15 (Fifteen) days of their receipt made available to the Independent Engineer, and convey comments / observations its comments/observations, if any, thereon to the Lessee – Concessionaire with particular reference to the conformity or otherwise of the Drawings with the Minimum Development Requirements Specifications and development guidelines applicable to the ProjectStandards. If the Drawings are not in conformity with the above provisions of the Lease cum Development Agreement, such Drawings shall be revised by the Lessee within 15 (fifteen) days of being intimated by DOT or any other official / agency designated by DOT for the purpose of monitoring, to the extent necessary and re-submitted to DOT and / or any other official / agency designated by DOT for the purpose of monitoring for further review. DOT or any other official / agency designated by DOT for the purpose of monitoring shall give their observations and comments, if any, within 15 (Fifteen) days of the receipt of such revised Drawings which shall be taken into account by the Lessee while finalising the Drawings.
1.27.3 If DOT and / or any other official / agency designated by DOT for the purpose of monitoring does not object to the Drawings submitted by the Lessee within the period stipulated in clause 1.27.2 of the Lessee shall be entitled to proceed with the Project accordingly subject to clearance from the development authority having jurisdiction over the Project area.
1.27.4 It is expressly agreed that notwithstanding any review or failure to review by XXX and / the Independent Engineer/ Steering Group or any other official / agency designated by DOT for the purpose of monitoring - or any comments / comments/observations of DOT and / or of any other official / agency designated by DOT for the purpose of monitoringIndependent Engineer/ Steering Group, the Lessee BRBN shall not be solely responsible liable for the adequacy of the Drawings and their conformity with that the Minimum Development Requirements and other provisions of this Agreement Concessionaire shall solely be responsible therefor and shall not be relieved or absolved in any manner whatsoever of its obligations, duties and liabilities as set forth in this Agreement.
1.27.5 The Lessee (d) If the comments/observations of Independent Engineer indicate that the Drawings are not in conformity with the Specifications and Standards, such Drawings shall be liable revised by the Concessionaire to the extent necessary and resubmitted to Independent Engineer for further review. Independent Engineer shall give its observations and comments, if any, within 15 (fifteen) days of the receipt of such revised Drawings. Provided, however, that any observations or comments of Independent Engineer or failure of Independent Engineer to give any observations or comments on such revised Drawings shall not relieve or absolve the Concessionaire of its obligation to conform to such Specifications and Standards.
(e) If the Independent Engineer does not object to the Drawings submitted to it by the Concessionaire within a period stipulated in above sub-article (c) or (d) as applicable, the Concessionaire shall be entitled to proceed with the Project accordingly.
(f) The Concessionaire shall be responsible for delays in the Project Completion and consequences thereof, thereof caused by reason of any Drawings not being in conformity with the Minimum Development Requirements Specifications and other provisions in this Agreement Standards and shall not be entitled to seek any relief in this regard from DOT. If there is any delay in execution of the project due to DOT and / or any other official / agency designated by DOT for the purpose of monitoring - not being able to review and / or sanction the drawings and provide his comments, then the timelines for the Project shall be accordingly extended in accordance with the numbers of days during which DOT and / or any other official / agency designated by DOT for the purpose of monitoring - does not provide comments and / or sanction Drawings subject to a maximum of 3 months, provided that the delay has not been caused due to any action of the LesseeBRBN.
1.27.6 If any new construction has been undertaken for the Project to meet the Minimum Developmental Guidelines, then within (g) Within 90 (ninety) days of FCODthe COD, the Lessee Concessionaire shall furnish to DOT BRBN three copies of "as built" Drawings duly vetted by the Independent Engineer reflecting the layout of the Project Facility as actually designed, engineered and constructed, including without limitation an "as built” surveys survey illustrating the layout of the Project Facility and setback lines, if any, of the buildings and structures forming part of Project Facility.
Appears in 1 contract
Samples: Concession Agreement