Common use of Review of Drawings Clause in Contracts

Review of Drawings. a) The Concessionaire shall promptly and in such sequence as is consistent with the Construction Requirements, submit a copy of each of the drawings as mentioned in the Schedule 6 to the Independent Engineer and the Authority. b) By forwarding the drawings to the Independent Engineer and the Authority pursuant to the preceding Clause (a), the Concessionaire shall be deemed to have represented that it has verified and determined that the drawings forwarded are in conformity with the Construction Requirements. c) Within 15 days of receipt of the drawings, Independent Engineer shall review the same taking into account, inter-alia, comments of the Authority, if any, thereon, and convey its comments / observations to the Concessionaire on the conformity of drawings with Construction Requirements. If the comments / observations of the Independent Engineer indicate that the drawings are not in conformity with the Construction Requirements, such drawings shall be revised by the Concessionaire to the extent necessary and resubmitted to Independent Engineer for further review. The Independent Engineer shall give its observations and comments, if any, within 15 (fifteen) days of receipt of such revised drawings, which shall be taken into account by the Concessionaire while finalising the drawings. d) If, within the period stipulated in the preceding Clause (c), the Independent Engineer does not respond to the drawings submitted to it by the Concessionaire shall be entitled to proceed with the Construction Works on the basis of such drawings submitted by it to the Independent Engineer, and intimate the same to the Authority. The same should be highlighted in the periodic reporting by the Concessionaire. e) Notwithstanding any review or failure to review by or the comments / observations of the Independent Engineer or the Authority, the Concessionaire shall be solely responsible for the adequacy of the drawings and their conformity with the Construction Requirements, and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. f) The Concessionaire shall be responsible for delays in meeting the Construction Requirements caused by reason of any drawings not being in conformity with the Construction Requirements, and shall not be entitled to seek any relief in that regard from the Authority. g) Within 90 (ninety) days of issue of Readiness Certificate, the Concessionaire shall furnish to the Authority three set of “as built" Drawings, 2 (two) hard copies and 1(one) soft copy, reflecting the Construction Works which have been completed as on COD, in a manner as set out in Construction Requirements. The Concessionaire shall also submit an as built survey illustrating the layout of the Project Facilities and setback lines, if any, of the building and structures forming part of Project Facilities.

Review of Drawings. (a) The Concessionaire shall promptly and in such sequence as is consistent with the Construction Requirements, submit a copy of each of the drawings as mentioned in the Schedule 6 to the Independent Engineer and the AuthorityLead ULB. (b) By forwarding the drawings to the Independent Engineer and the Authority Lead ULB pursuant to the preceding Clause 12.4.2 (a), the Concessionaire shall be deemed to have represented that it has verified and determined that the drawings forwarded are in conformity with the Construction Requirements. (c) Within 15 days of receipt of the drawings, Independent Engineer shall review the same taking into account, inter-alia, comments of the AuthorityLead ULB, if any, thereon, and convey its comments / observations to the Concessionaire on the conformity of drawings with Construction Requirements. If the comments / observations of the Independent Engineer indicate that the drawings are not in conformity with the Construction Requirements, such drawings shall be revised by the Concessionaire to the extent necessary and resubmitted to Independent Engineer for further review. The Independent Engineer shall give its observations and comments, if any, within 15 (fifteen) days of receipt of such revised drawings, which shall be taken into account by the Concessionaire while finalising the drawings. (d) If, within the period stipulated in the preceding Clause 12.4.2 (c), the Independent Engineer does not respond to the drawings submitted to it by the Concessionaire shall be entitled to proceed with the Construction Works on the basis of such drawings submitted by it to the Independent Engineer, and intimate the same to the AuthorityLead ULB. The same should be highlighted in the periodic reporting by the Concessionaire. (e) Notwithstanding any review or failure to review by or the comments / observations of the Independent Engineer or the AuthorityLead ULB, the Concessionaire shall be solely responsible for the adequacy of the drawings and their conformity with the Construction Requirements, and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. (f) The Concessionaire shall be responsible for delays in meeting the Construction Requirements caused by reason of any drawings not being in conformity with the Construction Requirements, and shall not be entitled to seek any relief in that regard from the AuthorityLead ULB. (g) Within 90 (ninety) days of issue of Readiness Certificate, the Concessionaire shall furnish to the Authority Lead ULB three set of “as built" Drawings, 2 (two) hard copies and 1(one) soft copy, reflecting the Construction Works which have been completed as on COD, in a manner as set out in Construction Requirements. The Concessionaire shall also submit an as built survey illustrating the layout of the Project Facilities and setback lines, if any, of the building and structures forming part of Project Facilities.

Review of Drawings. a) i. The Concessionaire shall promptly and in such sequence as is consistent with the Construction Requirements, submit a copy of each of the drawings as mentioned in the Schedule 6 Drawings to the Independent Engineer and the Authority.Steering Group. The list of drawings is as per Schedule -13 b) ii. By forwarding the drawings Drawings to the Independent Engineer and the Authority Steering Group pursuant to the preceding Clause sub-clause (ai), the Concessionaire shall be deemed to have represented that it has verified and determined that the drawings Drawings forwarded are in conformity with the Construction Requirements. c) iii. Within 15 days of receipt of the drawingsDrawings, the Independent Engineer shall review the same taking into account, inter-inter alia, comments of the AuthoritySteering Group, if any, thereon, and convey its comments / comments/observations to the Concessionaire on the conformity of drawings Drawings with Construction Requirements. If the comments / comments/observations of the Independent Engineer indicate that the drawings Drawings are not in conformity with the Construction Requirements, such drawings Drawings shall be revised by the Concessionaire to the extent necessary and resubmitted to Independent Engineer for further review. The Independent Engineer shall give its observations and comments, if any, within 15 (fifteen) days of receipt of such revised drawingsDrawings, which shall be taken into account by the Concessionaire while finalising finalizing the drawingsDrawings. d) iv. If, within the period stipulated in the preceding Clause sub-clause (ciii), the Independent Engineer does not respond to the drawings Drawings submitted to it by the Concessionaire, the Concessionaire shall be entitled to proceed with the Construction Works implementation of the Project on the basis of such drawings Drawings submitted by it to the Independent Engineer, and intimate the same to the AuthoritySteering Group. The same should be highlighted in the periodic reporting by the Concessionaire. e) v. Notwithstanding any review or failure to review by or the comments / comments/observations of the Independent Engineer or the AuthoritySteering Group, the Concessionaire shall be solely responsible for the adequacy of the drawings Drawings and their conformity with the Construction Requirements, and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. f) vi. The Concessionaire shall be responsible for delays in meeting the Construction Requirements caused by reason of any drawings Drawings not being in conformity with the Construction Requirements, and shall not be entitled to seek any relief in that regard from the AuthorityMCS. g) vii. The Concessionaire shall, in consultation with the Independent Engineer finalize an implementation schedule for the Project in accordance with the Construction Requirements. viii. Within 90 (ninety) days of issue of Readiness Certificate or Provisional Readiness Certificate, as the case may be, the Concessionaire shall furnish to the Authority Steering Group three set copies of “"as built" Drawings, 2 (two) hard copies and 1(one) soft copy, reflecting Drawings of the Construction Works which have been completed as on COD, in a manner as set out in Construction Requirements. The Concessionaire shall also submit an as built survey illustrating the layout of the Project Facilities and setback lines, if any, of the building and structures forming part of Project Facilities.

Review of Drawings. a) The Concessionaire shall promptly and in such sequence as is consistent with the Construction Requirements, submit a copy of each of the drawings as mentioned in the Schedule 6 Drawings to the Independent Engineer Consultant and the Authority. b) MCD. By forwarding the drawings Drawings to the Independent Engineer Consultant and the Authority MCD pursuant to the preceding Clause clause (ai), the Concessionaire shall be deemed to have represented that it has verified and determined that the drawings Drawings forwarded are in conformity with the Construction Requirements. c) . Within 15 days of receipt of the drawingsDrawings, Independent Engineer Consultant shall review the same taking into account, inter-aliainteralia, comments of the AuthorityMCD, if any, thereon, and convey its comments / comments/observations to the Concessionaire on the conformity of drawings Drawings with Construction Requirements. If the comments / comments/observations of the Independent Engineer Consultant indicate that the drawings Drawings are not in conformity with the Construction Requirements, such drawings Drawings shall be revised by the Concessionaire to the extent necessary and resubmitted to Independent Engineer Consultant for further review. The Independent Engineer Consultant shall give its observations and comments, if any, within 15 (fifteen) days of receipt of such revised drawingsDrawings, which shall be taken into account by the Concessionaire while finalising the drawings. d) Drawings. If, within the period stipulated in the preceding Clause clause (ciii), the Independent Engineer Consultant does not respond to the drawings Drawings submitted to it by the Concessionaire the Concessionaire shall be entitled to proceed with the Construction Works Project on the basis of such drawings Drawings submitted by it to the Independent EngineerConsultant, and intimate the same to the AuthorityMCD. The same should be highlighted in the periodic reporting by the Concessionaire. e) . Notwithstanding any review or failure to review by or the comments / observations of the Independent Engineer Consultant or the AuthorityMCD, the Concessionaire shall be solely responsible for the adequacy of the drawings Drawings and their conformity with the Construction Requirements, and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. f) . The Concessionaire shall be responsible for delays in meeting the Construction Requirements caused by reason of any drawings Drawings not being in conformity with the Construction Requirements, and shall not be entitled to seek any relief in that regard from MCD. The Concessionaire shall in consultation with the Authority. g) Independent Consultant finalise an implementation schedule for the Project in accordance with the Construction Requirements. Within 90 (ninety) days of issue of Readiness Certificate or Provisional Readiness Certificate, as the case may be, the Concessionaire shall furnish to the Authority MCD three set copies of “as built" Drawings, 2 (two) hard copies and 1(one) soft copy, reflecting Drawings of the Construction Works which have been completed as on COD, in a manner as set out in Construction Requirements. (a) Unless otherwise permitted by MCD, no Construction Works shall begin until the Independent Consultant is in place and has assumed charge. (b) The Concessionaire shall adhere to the Construction Requirements and achieve COD on or before the Scheduled Project Completion Date. (c) The Concessionaire may undertake Construction Works by itself or through a Contractor possessing requisite technical, financial and managerial expertise/capability; but in either case, the Concessionaire shall remain solely responsible to meet the Construction Requirements. (d) The Concessionaire shall, before commencement of Construction Works; (i) have requisite organisation and designate and appoint suitable officers/ representatives as it may deem appropriate to supervise the Project, to deal with the Independent Consultant/MCD and to be responsible for all necessary exchange of information required pursuant to this Agreement; (ii) construct, provide and maintain a reasonably furnished site office accommodation for the Independent Consultant, at the Project Site. (e) For the purposes of determining that Construction Works are being undertaken in accordance with the Construction Requirements and O&M Requirements, the Concessionaire shall with due diligence carry out all necessary and periodical Tests in accordance with the instructions and under the supervision of the Independent Consultant and the Construction Requirements and O&M Requirements. The Concessionaire shall also submit an as built survey illustrating maintain proper record of such Tests and the layout of remedial measures taken to cure the Project Facilities and setback linesdefects or deficiencies, if any, of indicated by the building Test results. (f) All Tests shall be conducted in accordance with Construction Requirements. If the Tests are successful and structures the Project Facilities can be safely and reliably opened for operation, the Independent Consultant shall issue Readiness Certificate. Provided, notwithstanding that certain works or things forming part of Construction Works are not complete, if following Tests, the Independent Consultant determines that the Project FacilitiesFacilities can be safely and reliably opened for operations, the Independent Consultant may issue Provisional Readiness Certificate to the Concessionaire. The Provisional Readiness Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Consultant and the Concessionaire ("Punch List"). All Punch List items shall be completed by the Concessionaire within such time as may be determined by the Independent Consultant, not exceeding 90 (ninety) days of the date of issue of the Provisional Readiness Certificate. Upon satisfactory completion of all Punch List items, the Independent Consultant shall promptly and in any case within 15 days thereof, issue Readiness Certificate. (g) If the Concessionaire fails to complete the Punch List items within the said period of 90 days, MCD may, without prejudice to any other rights or remedy available to it under this Agreement, have such items completed at the risk and costs of the Concessionaire. The cost incurred by MCD in completing the Punch List items, as certified by the Independent Consultant, shall be reimbursed by the Concessionaire to MCD within 7 days from the date of receipt of a claim in respect thereof from MCD. Thereupon, Independent Consultant may issue Readiness Certificate. (h) The Independent Consultant, may, by written notice, require the Concessionaire to suspend forthwith the whole or any part of the Construction Works, if in its reasonable opinion the same is being carried on in a manner that is not in conformity with the Construction Requirements. (i) The Project shall be deemed to be complete and ready to receive Municipal Solid Waste only when the Provisional Readiness Certificate or the Readiness Certificate is issued by the Independent Consultant in accordance with the provisions hereof. Provided if COD is delayed beyond 60 days of the Scheduled Project Completion Date, MCD shall, subject to the provisions of Article 9, be entitled to terminate this Agreement and to appropriate the Performance Security.

Review of Drawings. a(i) The Concessionaire shall promptly and in such sequence as is consistent with the Construction Requirements, submit a copy of each of the drawings as mentioned in the Schedule 6 Drawings to the Independent Engineer and the AuthoritySIIDCUL. b(ii) By forwarding the drawings Drawings to the Independent Engineer and the Authority SIIDCUL pursuant to the preceding Clause sub-clause (ai), the Concessionaire shall be deemed to have represented that it has verified and determined that the drawings Drawings forwarded are in conformity with the Construction Requirements. c(iii) Within 15 days of receipt of the drawingsDrawings, Independent Engineer the Authority shall review the same taking into account, inter-inter alia, comments of the Authoritycomments, if any, thereon, and convey its comments / comments/ observations to the Concessionaire on the conformity of drawings Drawings with Construction Requirements. If the comments / observations of the Independent Engineer indicate that the drawings are not in conformity with the Construction Requirements, such drawings shall be revised by the Concessionaire to the extent necessary and resubmitted to Independent Engineer for further review. The Independent Engineer Authority shall give its observations and comments, if any, within 15 (fifteen) days of receipt of such revised drawingsDrawings, which shall be taken into account by the Concessionaire while finalising the drawingsDrawings. d(iv) If, within the period stipulated in the preceding Clause sub-clause (ciii), the Independent Engineer Authority does not respond to the drawings Drawings submitted to it by the Concessionaire, the Concessionaire shall be entitled to proceed with the Construction Works construction of the Project Facility on the basis of such drawings Drawings submitted by it to the Independent Engineer, and intimate the same to the Authority. The same should be highlighted in the periodic reporting by the Concessionaire. e(v) Notwithstanding any review or failure to review by or the comments / comments/ observations of the Independent Engineer or the AuthoritySIIDCUL, the Concessionaire shall be solely responsible for the adequacy of the drawings Drawings and their conformity with the Construction Requirements, and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. f(vi) The Concessionaire shall be responsible for delays in meeting the Construction Requirements caused by reason of any drawings Drawings not being in conformity with the Construction Requirements, and shall not be entitled to seek any relief in that regard from the AuthoritySIIDCUL. g(vii) The Concessionaire shall in consultation with the Authority finalise an implementation schedule for the Project in accordance with the Construction Requirements. (viii) Within 90 (ninety) 30 days of issue of Readiness the Completion Certificate or Provisional Completion Certificate, as the case may be, the Concessionaire shall furnish to the Authority SIIDCUL three set copies of “"as built" Drawings, 2 (two) hard copies and 1(one) soft copy, reflecting Drawings of the Construction Works which have been completed as on COD, in a manner as set out in Construction Requirements. The Concessionaire shall also submit an as built survey illustrating the layout of the Project Facilities and setback lines, if any, of the building and structures forming part of Project Facilities.

Review of Drawings. ‌ (a) The Concessionaire shall promptly and in such sequence as is consistent with the Construction Requirements, submit a copy of each of the drawings as mentioned in the Schedule 6 to the Independent Engineer and the Authority.Lead ULB.‌ (b) By forwarding the drawings to the Independent Engineer and the Authority Lead ULB pursuant to the preceding Clause 12.4.2 (a), the Concessionaire shall be deemed to have represented that it has verified and determined that the drawings forwarded are in conformity with the Construction Requirements. (c) Within 15 days of receipt of the drawings, Independent Engineer shall review the same taking into account, inter-alia, comments of the AuthorityLead ULB, if any, thereon, and convey its comments / observations to the Concessionaire on the conformity of drawings with Construction Requirements. If the comments / observations of the Independent Engineer indicate that the drawings are not in conformity with the Construction Requirements, such drawings shall be revised by the Concessionaire to the extent necessary and resubmitted to Independent Engineer for further review. The Independent Engineer shall give its observations and comments, if any, within 15 (fifteen) days of receipt of such revised drawings, which shall be taken into account by the Concessionaire while finalising the drawings.drawings.‌ (d) If, within the period stipulated in the preceding Clause 12.4.2 (c), the Independent Engineer does not respond to the drawings submitted to it by the Concessionaire shall be entitled to proceed with the Construction Works on the basis of such drawings submitted by it to the Independent Engineer, and intimate the same to the AuthorityLead ULB. The same should be highlighted in the periodic reporting by the Concessionaire. (e) Notwithstanding any review or failure to review by or the comments / observations of the Independent Engineer or the AuthorityLead ULB, the Concessionaire shall be solely responsible for the adequacy of the drawings and their conformity with the Construction Requirements, and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. (f) The Concessionaire shall be responsible for delays in meeting the Construction Requirements caused by reason of any drawings not being in conformity with the Construction Requirements, and shall not be entitled to seek any relief in that regard from the AuthorityLead ULB. (g) Within 90 (ninety) days of issue of Readiness Certificate, the Concessionaire shall furnish to the Authority Lead ULB three set of “as built" Drawings, 2 (two) hard copies and 1(one) soft copy, reflecting the Construction Works which have been completed as on COD, in a manner as set out in Construction Requirements. The Concessionaire shall also submit an as built survey illustrating the layout of the Project Facilities and setback lines, if any, of the building and structures forming part of Project Facilities.

Review of Drawings. a(i) The Concessionaire shall promptly within 30 (thirty) days from the Appointed Date and in such sequence as is consistent with the Construction Requirements, submit a copy of each of the drawings as mentioned in the Schedule 6 Drawings to the Construction Supervisor, Independent Engineer and the AuthorityULB. b(ii) By forwarding a copy of the drawings Drawings to the Construction Supervisor/ Independent Engineer and the Authority ULB pursuant to the preceding Clause Sub-article (ai), the Concessionaire shall be deemed to have represented that it has verified and determined that the drawings Drawings forwarded are in conformity with the Construction Requirements. c(iii) Within 15 15(fifteen) days of receipt of the drawingsDrawings, Construction Supervisor/ Independent Engineer shall review the same with respect to their scope of work, taking into account, inter-aliainteralia, comments of the AuthorityULB, if any, thereon, and convey its comments / their comments/ observations to the Concessionaire on the conformity of drawings Drawings with Construction Requirements. If the comments / comments/observations of the Construction Supervisor/ Independent Engineer indicate that the drawings Drawings are not in conformity with the Construction Requirements, such drawings Drawings shall be revised by the Concessionaire to the extent necessary and resubmitted to Construction Supervisor/ Independent Engineer for further review. The Construction Supervisor/ Independent Engineer shall give its their observations and comments, if any, within 15 (fifteen) days of receipt of such revised drawingsDrawings, which shall be taken into account by the Concessionaire while finalising the drawingsDrawings. d(iv) If, within the period stipulated in the preceding Clause Sub-article (ciii), the Construction Supervisor/ Independent Engineer does not respond to the drawings Drawings submitted to it by the Concessionaire the Concessionaire shall be entitled to proceed with the Construction Works Project on the basis of such drawings Drawings submitted by it to the Construction Supervisor/ Independent Engineer, and intimate the same to the AuthorityULB. The same should be highlighted in the periodic reporting by the Concessionaire. e(v) Notwithstanding any review or failure to review by or the comments / observations of the Construction Supervisor or Independent Engineer or the AuthorityULB, the Concessionaire shall be solely responsible for the adequacy of the drawings Drawings and their conformity with the Construction Requirements, and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. f(vi) The Concessionaire shall be responsible for delays in meeting the Construction Requirements caused by reason of any drawings Drawings not being in conformity with the Construction Requirements, and shall not be entitled to seek any relief in that regard from the AuthorityULB. g(vii) Within 90 (ninety) days of issue of Readiness Certificate, the Concessionaire shall furnish to the Authority three set of “as built" Drawings, 2 (two) hard copies and 1(one) soft copy, reflecting the Construction Works which have been completed as on COD, in a manner as set out in Construction Requirements. The Concessionaire shall also submit in consultation with the Construction Supervisor/ Independent Engineer finalise an as built survey illustrating the layout of the Project Facilities and setback lines, if any, of the building and structures forming part of Project Facilitiesimplementation schedule for their respective scope.

Review of Drawings. a(i) The Concessionaire shall promptly and in such sequence as is consistent with the Construction Requirements, submit a copy of each of the drawings as mentioned in the Schedule 6 Drawings to the Independent Engineer Consultant and the AuthorityMCD. b(ii) By forwarding the drawings Drawings to the Independent Engineer Consultant and the Authority MCD pursuant to the preceding Clause clause (ai), the Concessionaire shall be deemed to have represented that it has verified and determined that the drawings Drawings forwarded are in conformity with the Construction Requirements. c(iii) Within 15 days of receipt of the drawingsDrawings, Independent Engineer Consultant shall review the same taking into account, inter-aliainteralia, comments of the AuthorityMCD, if any, thereon, and convey its comments / comments/observations to the Concessionaire on the conformity of drawings Drawings with Construction Requirements. If the comments / comments/observations of the Independent Engineer Consultant indicate that the drawings Drawings are not in conformity with the Construction Requirements, such drawings Drawings shall be revised by the Concessionaire to the extent necessary and resubmitted to Independent Engineer Consultant for further review. The Independent Engineer Consultant shall give its observations and comments, if any, within 15 (fifteen) days of receipt of such revised drawingsDrawings, which shall be taken into account by the Concessionaire while finalising the drawingsDrawings. d(iv) If, within the period stipulated in the preceding Clause clause (ciii), the Independent Engineer Consultant does not respond to the drawings Drawings submitted to it by the Concessionaire the Concessionaire shall be entitled to proceed with the Construction Works Project on the basis of such drawings Drawings submitted by it to the Independent EngineerConsultant, and intimate the same to the AuthorityMCD. The same should be highlighted in the periodic reporting by the Concessionaire. e(v) Notwithstanding any review or failure to review by or the comments / observations of the Independent Engineer Consultant or the AuthorityMCD, the Concessionaire shall be solely responsible for the adequacy of the drawings Drawings and their conformity with the Construction Requirements, and shall not be relieved or absolved in any manner whatsoever of any of its obligations hereunder. f(vi) The Concessionaire shall be responsible for delays in meeting the Construction Requirements caused by reason of any drawings Drawings not being in conformity with the Construction Requirements, and shall not be entitled to seek any relief in that regard from the AuthorityMCD. g(vii) The Concessionaire shall in consultation with the Independent Consultant finalise an implementation schedule for the Project in accordance with the Construction Requirements. (viii) Within 90 (ninety) days of issue of Readiness Certificate or Provisional Readiness Certificate, as the case may be, the Concessionaire shall furnish to the Authority MCD three set copies of “as built" Drawings, 2 (two) hard copies and 1(one) soft copy, reflecting Drawings of the Construction Works which have been completed as on COD, in a manner as set out in Construction Requirements. The Concessionaire shall also submit an as built survey illustrating the layout of the Project Facilities and setback lines, if any, of the building and structures forming part of Project Facilities.