Common use of Review of the Designs and Drawings Clause in Contracts

Review of the Designs and Drawings. (a) The Concessionaire shall submit the Designs and Drawings as set out in Appendix 6 for the review of the Independent Engineer. Simultaneously, the Concessionaire shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer shall review the Designs and Drawings submitted by the Concessionaire and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer has observed that the Designs and Drawings are not in conformity with the Project Requirements, the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Engineer with regards its compliance. (d) If the Independent Engineer does not make any observation/comments with respect to the Designs and Drawings submitted to it by the Concessionaire within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer has no suggestions to make with respect to the Designs and Drawings and the Concessionaire shall be entitled to proceed with the Project accordingly. (e) The Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Concessioning Authority at its sole discretion may suitably extend the Construction Phase or provide other relief to compensate for any such delay not attributable to the Concessionaire. (f) The Concessionaire shall not change any Designs and Drawings reviewed by the Independent Engineer under this Agreement, without submitting such revised Designs and Drawings for the review of the Independent Engineer. (g) Notwithstanding the review by the Independent Engineer, the Concessionaire shall be solely responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire shall at all times remain responsible for its obligations under this Agreement. (h) Any review of the Designs and Drawings conducted by the Concessioning Authority is solely for the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire shall in no way represent to any Person that, as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ the Project Facilities and Services or part thereof carried out by the Concessionaire and the Concessionaire shall, in accordance with the provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability of the Project/ the Project Facilities and Services or any part thereof.

Appears in 4 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Review of the Designs and Drawings. (a) The Concessionaire shall submit the Designs and Drawings as set out in Appendix 6 for the review thereview of the Independent Engineer. Simultaneously, the Concessionaire shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer shall review the Designs and Drawings submitted by the Concessionaire and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer Engineer/ Concessioning Authority has observed that the Designs theDesigns and Drawings are not in conformity with the Project RequirementsScope of Work, the Concessionaire shall promptly shallpromptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the satisfythe Independent Engineer and Concessioning Authority with regards its compliance. (d) If the Independent Engineer /Concessioning Authority does not make any observation/comments with commentswith respect to the Designs and Drawings submitted to it by the Concessionaire within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer Engineer/ ConcessioningAuthority has no suggestions to make with respect to the Designs and Drawings and the Concessionaire shall be entitled been titled to proceed with the Project accordingly. (e) The Concessionaire shall not be entitled to any extension of time for completing construction or any orany other relief on account of delay caused due to providing any clarification or in resubmitting the resubmittingthe Designs and Drawings. Provided however the Concessioning Authority at its sole discretion may discretionmay suitably extend the Construction Phase or provide other relief (excluding any liquidateddamages or financial compensation paid by the Concessioning Authority to the Concessionaire) to compensate for any such delay not attributable to the Concessionaire. (f) The Concessionaire shall not change any Designs and Drawings reviewed by the Independent Engineer IndependentEngineer /Concessioning Authority under this Agreement, without submitting such revised Designs and Drawings for the review Drawingsforthereview of the Independent EngineerEngineer/ andConcessioning Authority. (g) Notwithstanding the review by the Independent Engineer, the Concessionaire shall be solely responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire shall at all times remain responsible for its forits obligations under this Agreement. (h) Any review Within 90 (ninety) days of COD, the Designs Concessionaire shall furnish to the ConcessioningAuthority and Drawings conducted by the Concessioning Authority is solely for Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in its editable digital format or in such other medium and manner as may be acceptable to the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire shall in no way represent to any Person that, as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ reflecting the Project Facilities as actually designed, engineered and Services or part thereof carried out by constructed, including an as-built survey illustrating the Concessionaire and the Concessionaire shall, in accordance with the provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability layout of the Project/ Project and setback lines, if any, of the buildings and structures forming part of Project Facilities and Services or any part thereofFacilities.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Review of the Designs and Drawings. (a) The Concessionaire shall submit the Designs and Drawings as set out in Appendix 6 for the review of the Independent Engineer. Simultaneously, the Concessionaire shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer shall review the Designs and Drawings submitted by the Concessionaire and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer Engineer/ Concessioning Authority has observed that the Designs and Drawings are not in conformity with the Project RequirementsScope of Work , the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Engineer Engineer/ Concessioning Authority with regards its compliance. (d) If the Independent Engineer /Concessioning Authority does not make any observation/comments with respect to the Designs and Drawings submitted to it by the Concessionaire within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer Engineer/ Concessioning Authority has no suggestions to make with respect to the Designs and Drawings and the Concessionaire shall be entitled been titled to proceed with the Project accordingly. (e) The Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however Drawings except the Concessioning Authority at its sole discretion may suitably extend the Construction Phase or additional cure period provide other relief to compensate for any such delay not attributable to the Concessionaire. (f) The Concessionaire shall not change any Designs and Drawings reviewed by the Independent Engineer under this Agreement, without submitting such revised Designs and Drawings for the review of the Independent Engineer. (g) Notwithstanding the review by the Independent Engineer, the Concessionaire shall be solely responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire shall at all times remain responsible for its obligations under this Agreement. (h) Any review of the Designs and Drawings conducted by the Concessioning Authority is solely for the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire shall in no way represent to any Person that, only as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ the Project Facilities and Services or part thereof carried out by the Concessionaire and the Concessionaire shall, in accordance with the per provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability of the Project/ the Project Facilities and Services or any part thereof.Article

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Review of the Designs and Drawings. (a) The Concessionaire Developer shall submit the Designs and Drawings as set out in Appendix 6 for the review of the Independent Engineer. Simultaneously, the Concessionaire Developer shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer shall review the Designs and Drawings submitted by the Concessionaire Developer and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer has observed that the Designs and Drawings are not in conformity with the Project Requirements, the Concessionaire Developer shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Engineer with regards its compliance. (d) If the Independent Engineer does not make any observation/comments with respect to the Designs and Drawings submitted to it by the Concessionaire Developer within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer has no suggestions to make with respect to the Designs and Drawings and the Concessionaire Developer shall be entitled to proceed with the Project accordingly. (e) The Concessionaire Developer shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Concessioning Authority at its sole discretion may suitably extend the Construction Phase or provide other relief to compensate for any such delay not attributable to the ConcessionaireDeveloper. (f) The Concessionaire Developer shall not change any Designs and Drawings reviewed by the Independent Engineer under this Agreement, without submitting such revised Designs and Drawings for the review of the Independent Engineer. (g) Notwithstanding the review by the Independent Engineer, the Concessionaire Developer shall be solely responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire Developer shall at all times remain responsible for its obligations under this Agreement.at (h) Any review of the Designs and Drawings conducted by the Concessioning Authority is solely for the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire Developer shall in no way represent to any Person that, as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ the Project Facilities and Services or part thereof carried out by the Concessionaire Developer and the Concessionaire Developer shall, in accordance with the provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability of the Project/ the Project Facilities and Services or any part thereof.

Appears in 1 contract

Samples: Lease Cum Development Agreement

Review of the Designs and Drawings. (a) The Concessionaire shall submit the Designs and Drawings as set out in Appendix 6 for the review of the Independent Engineer. Simultaneously, the Concessionaire shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer shall review the Designs and Drawings submitted by the Concessionaire and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer has observed that the Designs and Drawings are not in conformity with the Project RequirementsScope of Work, the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Engineer with regards its compliance. (d) If the Independent Engineer / Concessioning Authority does not make any observation/comments with respect to the Designs and Drawings submitted to it by the Concessionaire within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer has no suggestions to make with respect to the Designs and Drawings and the Concessionaire shall be entitled to proceed with the Project accordingly. (e) The Concessionaire shall not be entitled to any extension of time for completing construction the Development work or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Concessioning Authority at its sole discretion may suitably extend the Construction Phase Development Period or provide other relief to compensate for any such delay not attributable to the Concessionaire. (f) The Concessionaire shall not change any Designs and Drawings reviewed by the Independent Engineer Engineer/Concessioning Authority under this Agreement, without submitting such revised Designs and Drawings for the review of the Independent Engineer/Concessioning Authority. (g) Notwithstanding the review by the Independent Engineer, the Concessionaire shall be solely responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire shall at all times remain responsible for its obligations under this Agreement. (h) Any review of the Designs and Drawings conducted by the Concessioning Authority is solely for the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire shall in no way represent to any Person that, as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ the Project Facilities and Services or part thereof carried out by the Concessionaire and the Concessionaire shall, in accordance with the provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability of the Project/ the Project Facilities and Services or any part thereof.

Appears in 1 contract

Samples: Concession Agreement

Review of the Designs and Drawings. (a) The Concessionaire shall submit the Designs and Drawings as set out in Appendix 6 for the review of the Independent Engineer. Simultaneously, the Concessionaire shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer shall review the Designs and Drawings submitted by the Concessionaire and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer Engineer/ Concessioning Authority has observed that the Designs and Drawings are not in conformity with the Project RequirementsScope of Work , the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Engineer and Concessioning Authority with regards its compliance. (d) If the Independent Engineer /Concessioning Authority does not make any observation/comments with respect to the Designs and Drawings submitted to it by the Concessionaire within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer Engineer/ Concessioning Authority has no suggestions to make with respect to the Designs and Drawings and the Concessionaire shall be entitled been titled to proceed with the Project accordingly. (e) The Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Concessioning Authority at its sole discretion may suitably extend the Construction Phase or provide other relief (excluding any liquidated damages or financial compensation paid by the Concessioning Authority to the Concessionaire) to compensate for any such delay not attributable to the Concessionaire. (f) The Concessionaire shall not change any Designs and Drawings reviewed by the Independent Engineer /Concessioning Authority under this Agreement, without submitting such revised Designs and Drawings for the review of the Independent EngineerEngineer / and Concessioning Authority. (g) Notwithstanding the review by the Independent Engineer, the Concessionaire shall be solely responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire shall at all times remain responsible for its obligations under this Agreement. (h) Any review Within 90 (ninety) days of COD, the Designs and Drawings conducted by Concessionaire shall furnish to the Concessioning Authority is solely for and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in its editable digital format or in such other medium and manner as may be acceptable to the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire shall in no way represent to any Person that, as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ reflecting the Project Facilities as actually designed, engineered and Services or part thereof carried out by constructed, including an as-built survey illustrating the Concessionaire and the Concessionaire shall, in accordance with the provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability layout of the Project/ Project and setback lines, if any, of the buildings and structures forming part of Project Facilities and Services or any part thereofFacilities.

Appears in 1 contract

Samples: Concession Agreement

Review of the Designs and Drawings. (a) The Concessionaire shall submit the Designs and Drawings as set out in Appendix 6 for the review of the Independent Engineer. Simultaneously, the Concessionaire shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer shall review the Designs and Drawings submitted by the Concessionaire and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer has observed that the Designs and Drawings are not in conformity with the Project Requirements, the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Engineer with regards its compliance. (d) If the Independent Engineer does not make any observation/comments with respect to the Designs and Drawings submitted to it by the Concessionaire within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer has no suggestions to make with respect to the Designs and Drawings and the Concessionaire shall be entitled to proceed with the Project accordingly. (e) The Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Concessioning Authority at its sole discretion may suitably extend the Construction Phase or provide other relief to compensate for any such delay not attributable to the Concessionaire. (f) The Concessionaire shall not change any Designs and Drawings reviewed by the Independent Engineer under this Agreement, without submitting such revised Designs and Drawings for the review of the Independent Engineer. (g) Notwithstanding the review by the Independent Engineer, the Concessionaire shall be solely responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire shall at all times remain responsible for its obligations under this Agreement. (h) Any review of the Designs and Drawings conducted by the Concessioning Authority is solely for the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire shall in no way represent to any Person that, as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ the Project Facilities and Services or part thereof carried out by the Concessionaire and the Concessionaire shall, in accordance with the provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability of the Project/ the Project Facilities and Services or any part thereof.result

Appears in 1 contract

Samples: Concession Agreement

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Review of the Designs and Drawings. (a) The Concessionaire shall submit the Designs and Drawings as set out in Appendix 6 for the review of the Independent Engineer. Simultaneously, the Concessionaire shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer shall review the Designs and Drawings submitted by the Concessionaire and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer Engineer/ Concessioning Authority has observed that the Designs and Drawings are not in conformity with the Project RequirementsScope of Work , the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Engineer and Concessioning Authority with regards its compliance. (d) If the Independent Engineer /Concessioning Authority does not make any observation/comments with respect to the Designs and Drawings submitted to it by the Concessionaire within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer Engineer/ Concessioning Authority has no suggestions to make with respect to the Designs and Drawings and the Concessionaire shall be entitled been titled to proceed with the Project accordingly. (e) The Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Concessioning Authority at its sole discretion may suitably extend the Construction Phase or provide other relief (excluding any liquidated damages or financial compensation paid by the Concessioning Authority to the Concessionaire) to compensate for any such delay not attributable to the Concessionaire. (f) The Concessionaire shall not change any Designs and Drawings reviewed by the Independent Engineer /Concessioning Authority under this Agreement, without submitting such revised Designs and Drawings for the review of the Independent EngineerEngineer / and Concessioning Authority. (g) Notwithstanding the review by the Independent Engineer, the Concessionaire shall be solely responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire shall at all times remain responsible for its obligations under this Agreement. (h) Any review Within 90 (ninety) days of COD, the Designs and Drawings conducted by Concessionaire shall furnish to the Concessioning Authority is solely for and the Independent Engineer a complete set of as-built Drawings, in 2 (two) hard copies and in its editable digital format or in such other medium and manner as may be acceptable to the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire shall in no way represent to any Person that, as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ reflecting the Project Facilities as actually designed, engineered and Services or part thereof carried out by constructed, including an as-built survey illustrating the Concessionaire and the Concessionaire shall, in accordance with the provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability layout of the Project/ Project and setback lines, if any, of the buildings and structures forming part of Project Facilities and Services or any part thereofFacilities.

Appears in 1 contract

Samples: Concession Agreement

Review of the Designs and Drawings. (a) The Concessionaire shall submit the Designs and Drawings as set out in Appendix 6 for the review of the Independent EngineerNodal Officer. Simultaneously, the Concessionaire shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer Nodal Officer shall review the Designs and Drawings submitted by the Concessionaire and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer Nodal Officer/ Concessioning Authority has observed that the Designs and Drawings are not in conformity with the Project RequirementsScope of Work, the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Engineer Nodal Officer/ Concessioning Authority with regards its compliance. (d) If the Independent Engineer Nodal Officer/Concessioning Authority does not make any observation/comments observation /comments with respect to the Designs and Drawings submitted to it by the Concessionaire within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer Nodal Officer/ Concessioning Authority has no suggestions to make with respect to the Designs and Drawings and the Concessionaire shall be entitled been titled to proceed with the Project accordingly. (e) The Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Concessioning Authority at its sole discretion may suitably extend the Construction Phase or provide other relief to compensate for any such delay not attributable to the Concessionaire.Deleted (f) The Concessionaire shall not change any Designs and Drawings reviewed by the Independent Engineer Nodal Officer/ Concessioning Authority under this Agreement, without submitting such revised Designs and Drawings for the review of the Independent EngineerNodal Officer/Concessioning Authority. (g) Notwithstanding the review by the Independent EngineerNodal Officer, the Concessionaire and Nodal Officer shall be solely severely and jointly be responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire shall at all times remain responsible for its obligations under this Agreement. (h) Any review of the Designs and Drawings conducted by the Concessioning Authority is solely for the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire shall in no way represent to any Person that, as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ the Project Facilities and Services or part thereof carried out by the Concessionaire and the Concessionaire shall, in accordance with the provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability of the Project/ the Project Facilities and Services or any part thereof.

Appears in 1 contract

Samples: Concession Agreement

Review of the Designs and Drawings. (a) The Concessionaire shall submit the Designs and Drawings as set out in Appendix 6 for the review of the Independent Engineer. Simultaneously, the Concessionaire shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer shall review the Designs and Drawings submitted by the Concessionaire and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer Engineer/ Concessioning Authority has observed that the Designs and Drawings are not in conformity with the Project RequirementsScope of Work , the Concessionaire shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Engineer Engineer/ Concessioning Authority with regards its compliance. (d) If the Independent Engineer /Concessioning Authority does not make any observation/comments with respect to the Designs and Drawings submitted to it by the Concessionaire within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer Engineer/ Concessioning Authority has no suggestions to make with respect to the Designs and Drawings and the Concessionaire shall be entitled been titled to proceed with the Project accordingly. (e) The Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Concessioning Authority at its sole discretion may suitably extend the Construction Phase or provide other relief to compensate for any such delay not attributable to the Concessionaire. (f) The Concessionaire shall not change any Designs and Drawings reviewed by the Independent Engineer /Concessioning Authority under this Agreement, without submitting such revised Designs and Drawings for the review of the Independent EngineerEngineer /Concessioning Authority. (g) Notwithstanding the review by the Independent Engineer, the Concessionaire and independent engineer shall be solely severely and jointly be responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire shall at all times remain responsible for its obligations under this Agreement. (h) Any review of the Designs and Drawings conducted by the Concessioning Authority is solely for the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire shall in no way represent to any Person that, as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ the Project Facilities and Services or part thereof carried out by the Concessionaire and the Concessionaire shall, in accordance with the provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability of the Project/ the Project Facilities and Services or any part thereof.

Appears in 1 contract

Samples: Concession Agreement

Review of the Designs and Drawings. (a) The Concessionaire Operator shall submit the Designs and Drawings as set out in Appendix 6 for the review of the Independent EngineerNodal Officer. Simultaneously, the Concessionaire Operator shall also provide the Concessioning Authority with a set of the Designs and Drawings. (b) The Independent Engineer Nodal Officer shall review the Designs and Drawings submitted by the Concessionaire Operator and provide its comments/observations and suggestions on the same (including taking into account the comments/observations of the Concessioning Authority in respect thereof as it may in its sole discretion deem fit) within 21 (twenty one) Days from the date of the receipt of such Designs and Drawings. (c) In the event that the Independent Engineer Nodal Officer/ Authority has observed that the Designs and Drawings are not in conformity with the Project RequirementsScope of Work, the Concessionaire Operator shall promptly and without any undue delay revise and resubmit the Designs and Drawings or satisfy the Independent Engineer Nodal Officer/ Authority with regards its compliance. (d) If the Independent Engineer Nodal Officer/Authority does not make any observation/comments observation /comments with respect to the Designs and Drawings submitted to it by the Concessionaire Operator within 21 (twenty one) Days of the submission, it shall be deemed that the Independent Engineer Nodal Officer/ Authority has no suggestions to make with respect to the Designs and Drawings and the Concessionaire Operator shall be entitled been titled to proceed with the Project accordingly. (e) The Concessionaire shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Concessioning Authority at its sole discretion may suitably extend the Construction Phase or provide other relief to compensate for any such delay not attributable to the Concessionaire.Deleted (f) The Concessionaire Operator shall not change any Designs and Drawings reviewed by the Independent Engineer Nodal Officer/ Authority under this Agreement, without submitting such revised Designs and Drawings for the review of the Independent EngineerNodal Officer/Authority. (g) Notwithstanding the review by the Independent EngineerNodal Officer, the Concessionaire Operator and Nodal Officer shall be solely severely and jointly be responsible for any defect and/or deficiency in the Designs and Drawings relating to the Project or any part thereof and accordingly the Concessionaire Operator shall at all times remain responsible for its obligations under this Agreement. (h) Any review of the Designs and Drawings conducted by the Concessioning Authority is solely for the Concessioning Authority’s own information and that by conducting such review, the Concessioning Authority does not accept any responsibility for the same. (i) The Concessionaire shall in no way represent to any Person that, as a result of any review by the Independent Engineer, the Concessioning Authority has accepted responsibility for the engineering or soundness of any work relating to the Project/ the Project Facilities and Services or part thereof carried out by the Concessionaire and the Concessionaire shall, in accordance with the provisions of this Agreement, be solely responsible for the technical feasibility, operational capability and reliability of the Project/ the Project Facilities and Services or any part thereof.

Appears in 1 contract

Samples: Operation and Maintenance Agreement

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