Common use of ROUTES AND SCHEDULES Clause in Contracts

ROUTES AND SCHEDULES. 16.4.1 The Parties agree that the Authority shall have the exclusive right to determine routes, frequency and schedule of the Buses as part of Deployment Plan through the Contract Period. The Authority shall provide the routes for Operation as specified in Schedule-J (the “Operational Routes”). The Authority shall be required to consult with the Operator in case it carries out a change to any Operational Route such that it affects the origin and destination of the relevant Operational Route. The Parties agree that no such consultation would be required in case such change in the relevant Operational Route does not affect the origin and destination of the relevant Operational Route. The Operator shall only ply Buses on the Operational Routes, unless directed otherwise by the Authority. For the avoidance of doubt, it is clarified that the Authority may amend the Operational Routes with prior notice to the Operator under and in accordance with the provisions of this Agreement. Provided further that if the Authority amends the Operational Routes pursuant to this Clause 16.4.1, there shall be no reduction in the kilometres. 16.4.2 In the event the Operator makes any unscheduled or unauthorized trip outside operation hours and beyond the Operational Routes or in violation of any requirement of the Deployment Plan or without specific instructions of the Authority in relation thereof, it shall be liable for payment of Damages at the rate of [0.01% (zero point zero one percent)] of the Performance Security. 16.4.3 The Authority may after due notification to the Operator, change the route(s)/ frequency/ schedule of the Buses due to any reason whatsoever including but not limited to passenger feedback, special circumstances, festivals and seasonal requirements. In case the Authority makes any such change(s), it shall notify the Operator in writing [5 (five)] days prior to implementation of such change. 16.4.4 Unless directed by the Authority, the Operator shall maintain the frequency of the Buses as specified in the Deployment Plan. 16.4.5 The actual hours of operations in a day are specified in the Deployment Plan. The Parties agree that the hours of operation may be segregated into peak hours and off-peak hours of operation. 16.4.6 In the event there is a need for change in route of Bus, the Operator shall inform the control centre for monitoring of all activities (“Control Centre”) about it and the same shall be tallied with the change in route length measured by ITS (“Intelligent Transport Systems”) or Odometer reading at the end point of the route and the distance so measured shall be reckoned for the purpose of making payment to the Operator.

Appears in 2 contracts

Samples: Public Private Partnership Agreement, Model Concession Agreement

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ROUTES AND SCHEDULES. 16.4.1 13.3.1 The Parties agree that the Authority shall have the exclusive right authority to determine routesRoutes, frequency and schedule schedules of the Buses as part of Fleet Deployment Plan through throughout the Contract Period. The Authority shall provide the routes for Operation as specified in Schedule-J (the “Operational Routes”). The Authority shall be required to consult with the Operator in case it carries out a change to any Operational Route such that it affects the origin and destination of the relevant Operational Route. The Parties agree that no such consultation would be required in case such change in the relevant Operational Route does not affect the origin and destination of the relevant Operational Route. The Operator shall only ply Buses on the Operational Routes, unless directed otherwise by the Authority. For the avoidance of doubt, it is clarified that the Authority may amend the Operational Routes with prior notice to the Operator under and in accordance with the provisions of this Agreement. Provided further that if the Authority amends the Operational Routes pursuant to this Clause 16.4.1, there shall be no reduction in the kilometres.; 16.4.2 13.3.2 In the event the Operator makes any unscheduled or unauthorized trip outside operation hours and beyond the Operational Routes or in violation of any requirement of the Fleet Deployment Plan or without specific instructions of the Authority in relation thereof, it shall be liable for payment of Damages at penalty set forth in Clause 16.5 of this Contract; 13.3.3 If the rate of [0.01Operator operates with 15% (zero point zero one fifteen percent)] ) deficiency in Service Quality in 3 (three) months or 10% (ten percent) deficiency in contracted level of Bus reliability as specified in Schedule X, then the Performance Security.Authority shall have right to, after Cure Period in accordance with Clause 22.1, consider this as an Operator Event of Default; 16.4.3 13.3.4 The Authority may after due notification to the Operator, change the route(s)/ frequency/ schedule of the Buses due to any reason whatsoever including but not limited to passenger feedback, special circumstances, festivals and seasonal requirements. In case the Authority makes any such change(s), it shall notify the Operator in writing [5 (five)] ) days prior to implementation of such change.; 16.4.4 13.3.5 Unless directed by the Authority, the Operator shall should maintain the frequency of the Buses as specified in the Fleet Deployment Plan.; 16.4.5 13.3.6 The actual hours of operations in a day are specified in the Fleet Deployment Plan. The Parties agree that the hours of operation may This will be segregated into peak hours and off-off peak hours of operation.; 16.4.6 13.3.7 In the event event, due to some en-route conditions, there is a need for change in route of Bus, then in such a situation, the Operator shall inform the control centre for monitoring of all activities (“Control Centre”) Centre about it and the same shall be tallied with the change in route length measured by ITS (“Intelligent Transport Systems”) or Odometer reading at the end point of the route and the distance so measured shall be reckoned for the purpose of making payment to the Operator.

Appears in 2 contracts

Samples: City Bus Private Operation Contract, City Bus Private Operation Contract

ROUTES AND SCHEDULES. 16.4.1 The Parties agree that the Authority shall have the exclusive right to determine routesRoutes, frequency and schedule schedules of the Buses as part of Deployment Plan through the Contract Period. The Authority shall provide the routes for Operation as specified in Schedule-J (the “Operational Routes”). The Authority shall be required to consult with the Operator in case it carries out a change to any Operational Route such that it affects the origin and destination of the relevant Operational Route. The Parties agree that no such consultation would be required in case such change in the relevant Operational Route does not affect the origin and destination of the relevant Operational Route. The Operator shall only ply Buses on the Operational Routes, unless directed otherwise by the Authority. For the avoidance of doubt, it is clarified that the Authority may amend the Operational Routes with prior notice to the Operator under and in accordance with the provisions of this AgreementOperator. Provided Provided, further that if the Authority amends the Operational Routes pursuant to this Clause 16.4.1, there shall be no reduction in the kilometresAnnual Assured Bus Kilometers. 16.4.2 In the event the Operator makes any unscheduled or unauthorized trip outside operation hours and beyond the Operational Routes or in violation of any requirement of the Deployment Plan or without specific instructions of the Authority in relation thereof, it shall be liable for payment of Damages at the rate of [0.010.5% (zero point zero one percent)] of the Performance SecuritySecurity equivalent to one bus per day per bus on each occasion. 16.4.3 The Authority may after due notification to the Operator, change the route(s)/ frequency/ schedule of the Buses due to any reason whatsoever including but not limited to passenger feedback, special circumstances, festivals and seasonal requirements. In case the Authority makes any such change(s), it shall notify the Operator in writing [5 (five)] ) days prior to implementation of such change. 16.4.4 In case of sudden spurt in traffic viz. vacations to school or colleges, weekend traffic or as per the, Authority can deviate the bus as per the traffic demand provided the bus is having required range for operation or Opportunity charging facility at the other end if available. 16.4.5 The Authority reserves right to utilize the vehicle engaged on any route and at any time provided bus is having required range for operation or availability of Opportunity charging facility at the other end if available. 16.4.6 The operators shall make sure that the bus shall be made available for the period requisitioned in a day and operate the scheduled KMs given for the day. 16.4.7 Unless directed by the AuthorityAuthority in writing, the Operator shall maintain the frequency of the Buses as specified and agreed in the Deployment PlanPlan every day. 16.4.5 16.4.8 The actual hours of operations in a day are specified in the Deployment Plan. The Parties agree that the hours of operation may be segregated into peak hours and off-peak hours of operation. 16.4.6 16.4.9 In the event there is a need for change in route of Bus, the Operator shall inform the control centre center for monitoring of all activities (“Control Centre”) about it and the same shall be tallied with the change in route length measured by ITS (“Intelligent Transport Systems”) or Odometer reading at the end point of the route and the distance so measured shall be reckoned for the purpose of making payment to the Operator. Decision of Authority in this regard is final. 16.4.10 The electric bus shall reach the destination without requirement of charging during entire contract period. 16.4.11 In the event of any technical problem in the HT yard or Transformers or HT cables etc., after the HT supply of the DISCOM, Operator shall ensure to restore the supply with minimum possible time.

Appears in 1 contract

Samples: Concession Agreement

ROUTES AND SCHEDULES. 16.4.1 13.3.1 Details of each Route and hours of operation are listed in Schedule IX. The Parties agree that hours of operation will be segregated into peak hours and off peak hours of operation; 13.3.2 The minimum frequency and headway for each route has been provided by the Authority in Schedule IX. The Operator may choose to provide additional Bus Service than the minimum frequency set by the Authority. The Operator shall have accordingly prepare the exclusive right timetable and inform the Authority that it has adhered to determine routesthe frequency, frequency headway and schedule of other terms prescribed by the Authority in Schedule IX; 44[Drafting Note: Delete this provision if Buses as part of Deployment Plan through are being procured by the Authority] 13.3.3 During the Contract Period, the Operator may choose to change the approved timetable. The Operator shall submit a written request, as per format provided in Schedule IX, for change in timetable along with the reasons for such change(s) to the Authority. The Authority shall provide review such request and may grant approval provided it meets the routes for Operation minimum frequency and headway as specified in Schedule-J (the “Operational Routes”). The Authority shall be required to consult with the Operator in case it carries out a change to any Operational Route such that it affects the origin and destination of the relevant Operational Route. The Parties agree that no such consultation would be required in case such change in the relevant Operational Route does not affect the origin and destination of the relevant Operational Route. Schedule IX; 13.3.4 The Operator shall only ply Buses on the Operational Routes, unless directed otherwise by the Authority. For the avoidance of doubt, it is clarified ensure that the Authority may amend the Operational Routes with prior notice Bus Service on each Route departs according to the Operator under and approved timetable as specified in accordance with the provisions of this Agreement. Provided further that if the Authority amends the Operational Routes pursuant Schedule IX or as per approved revised timetable from time to this Clause 16.4.1, there shall be no reduction in the kilometres.time; 16.4.2 13.3.5 In the event the Operator makes any unscheduled or unauthorized trip outside operation hours and beyond the Operational Routes or in violation of any requirement of the Fleet Deployment Plan or without specific instructions of the Authority in relation thereof, it shall be liable for payment of Damages at the rate Penalty set forth in Clause 16.5 read with Schedule X of [0.01% (zero point zero one percent)] of the Performance Security.this Contract; 16.4.3 13.3.6 The Authority may after due notification to ask the OperatorOperator for change in Route, change the route(s)/ frequency/ frequency or schedule of the Buses due to any reason whatsoever including but not limited to passenger feedback, special circumstances, festivals festivals, and seasonal requirements. In case the Authority makes any If such change(s), it shall notify the Operator in writing changes are for short duration only not exceeding [5 7 (fiveseven)] days prior to implementation of such change. 16.4.4 Unless directed in a calendar year, there shall be no change either in the System Management Fee payable by the Operator or Grant payable by Authority, as the case maybe. However if such change persists for more than the maximum time period stated in this clause 13.3.6, then such arrangement shall be worked out on mutually agreed terms; 13.3.7 If the Operator shall maintain the frequency operates with 15% (fifteen percent) deficiency in Service Quality for 3 (three) months or 10% (ten percent) deficiency in contracted level of the Buses Bus reliability as specified in Schedule X, then the Deployment Plan.Authority shall have right to, after Cure Period in accordance with Clause 22.1, consider this as an Operator Event of Default; 16.4.5 The actual hours of operations in a day are specified in the Deployment Plan. The Parties agree that the hours of operation may be segregated into peak hours and off-peak hours of operation. 16.4.6 13.3.8 In the event event, due to some en-route conditions, there is a need for change in route of Bus, then in such a situation, the Operator shall immediately inform the control centre for monitoring of all activities (“Control Centre”) Centre about it and the same shall be tallied with the change in route length measured by ITS (“Intelligent Transport Systems”) or Odometer reading at the end point of the route and the distance so measured shall be reckoned for the purpose of making payment to the Operatorit.

Appears in 1 contract

Samples: City Bus Private Operation Contract

ROUTES AND SCHEDULES. 16.4.1 13.3.1 The Parties agree that the Authority shall have the exclusive right authority to determine routesRoutes, frequency and schedule schedules of the Buses as part of Fleet Deployment Plan through throughout the Contract Period. The Authority shall provide the routes for Operation as specified in Schedule-J (the “Operational Routes”). The Authority shall be required to consult with the Operator in case it carries out a change to any Operational Route such that it affects the origin and destination of the relevant Operational Route. The Parties agree that no such consultation would be required in case such change in the relevant Operational Route does not affect the origin and destination of the relevant Operational Route. The Operator shall only ply Buses on the Operational Routes, unless directed otherwise by the Authority. For the avoidance of doubt, it is clarified that the Authority may amend the Operational Routes with prior notice to the Operator under and in accordance with the provisions of this Agreement. Provided further that if the Authority amends the Operational Routes pursuant to this Clause 16.4.1, there shall be no reduction in the kilometres.; 16.4.2 13.3.2 In the event the Operator makes any unscheduled or unauthorized trip outside operation hours and beyond the Operational Routes or in violation of any requirement of the Fleet Deployment Plan or without specific instructions of the Authority in relation thereof, it shall be liable for payment of Damages at penalty set forth in Clause 16.5 of this Contract; 13.3.3 If the rate of [0.01Operator operates with 15% (zero point zero one fifteen percent)) deficiency in Service Quality in 3 (three) months or 10% (ten percent) deficiency in contracted level of Bus 43[Drafting Note: Delete this provision if Buses are being procured by the Authority] reliability as specified in Schedule X, then the Authority shall have right to, after Cure Period in accordance with Clause 22.1, consider this as an Operator Event of the Performance Security.Default; 16.4.3 13.3.4 The Authority may after due notification to the Operator, change the route(s)/ frequency/ schedule of the Buses due to any reason whatsoever including but not limited to passenger feedback, special circumstances, festivals and seasonal requirements. In case the Authority makes any such change(s), it shall notify the Operator in writing [5 (five)] ) days prior to implementation of such change.; 16.4.4 13.3.5 Unless directed by the Authority, the Operator shall should maintain the frequency of the Buses as specified in the Fleet Deployment Plan.; 16.4.5 13.3.6 The actual hours of operations in a day are specified in the Fleet Deployment Plan. The Parties agree that the hours of operation may This will be segregated into peak hours and off-off peak hours of operation.; 16.4.6 13.3.7 In the event event, due to some en-route conditions, there is a need for change in route of Bus, then in such a situation, the Operator shall inform the control centre for monitoring of all activities (“Control Centre”) Centre about it and the same shall be tallied with the change in route length measured by ITS (“Intelligent Transport Systems”) or Odometer reading at the end point of the route and the distance so measured shall be reckoned for the purpose of making payment to the Operator.

Appears in 1 contract

Samples: City Bus Private Operation Contract

ROUTES AND SCHEDULES. 16.4.1 The Parties agree that the Authority shall have the exclusive right to determine routesRoutes, frequency and schedule schedules of the Buses as part of Deployment Plan through the Contract Period. The Authority shall provide the routes for Operation as specified in Schedule-J (the “Operational Routes”). The Authority shall be required to consult with the Operator in case it carries out a change to any Operational Route such that it affects the origin and destination of the relevant Operational Route. The Parties agree that no such consultation would be required in case such change in the relevant Operational Route does not affect the origin and destination of the relevant Operational Route. The Operator shall only ply Buses on the Operational Routes, unless directed otherwise by the Authority. For the avoidance of doubt, it is clarified that the Authority may amend the Operational Routes with prior notice to the Operator under and in accordance with the provisions of this AgreementOperator. Provided further that if the Authority amends the Operational Routes pursuant to this Clause 16.4.1, there shall be no reduction in the kilometresAnnual Assured Bus Kilometres. 16.4.2 In the event the Operator makes any unscheduled or unauthorized trip outside operation hours and beyond the Operational Routes or in violation of any requirement of the Deployment Plan or without specific instructions of the Authority in relation thereof, it shall be liable for payment of Damages at the rate of [0.010.05% (zero point zero one percent)] of the Performance SecuritySecurity per day per bus on each occasion. 16.4.3 The Authority may after due notification to the Operator, change the route(s)/ frequency/ schedule of the Buses due to any reason whatsoever including but not limited to passenger feedback, special circumstances, festivals and seasonal requirements. In case the Authority makes any such change(s), it shall notify the Operator in writing [5 (five)] ) days prior to implementation of such change. 16.4.4 Incase of sudden spurt in traffic viz. vacations to school or colleges, weekend traffic, Authority can deviate the bus as per the traffic demand provided the bus is having required range for operation or Opportunity charging facility at the other end if needed. 16.4.5 Unless directed by the Authority, the Operator shall maintain the frequency of the Buses as specified in the Deployment Plan. 16.4.5 16.4.6 The actual hours of operations in a day are specified in the Deployment Plan. The Parties agree that the hours of operation may be segregated into peak hours and off-off peak hours of operation.operation and the Authority shall 16.4.6 16.4.7 In the event there is a need for change in route of Bus, the Operator shall inform the control centre for monitoring of all activities (“Control Centre”) about it and the same shall be tallied with the change in route length measured by ITS (“Intelligent Transport Systems”) or Odometer reading at the end point of the route and the distance so measured shall be reckoned for the purpose of making payment to the Operator. 16.4.8 The electric bus shall reach the destination without requirement of charging during entire contract period. 16.4.9 In the event of any Technical problem in the HT yard or Transformers or HT cables etc., after the HT supply of the DISCOM Operator shall ensure to restore the supply with minimum possible time.

Appears in 1 contract

Samples: Concession Agreement

ROUTES AND SCHEDULES. 16.4.1 The Parties agree that the Authority shall have the exclusive right to determine routesRoutes, frequency and schedule schedules of the Buses as part of Deployment Plan through the Contract Period. The Authority shall provide the routes for Operation as specified in Schedule-J (the “Operational Routes”). The Authority shall be required to consult with the Operator in case it carries out a change to any Operational Route such that it affects the origin and destination of the relevant Operational Route. The Parties agree that no such consultation would be required in case such change in the relevant Operational Route does not affect the origin and destination of the relevant Operational Route. The Operator shall only ply Buses on the Operational Routes, unless directed otherwise by the Authority. For the avoidance of doubt, it is clarified that the Authority may amend the Operational Routes with prior notice to the Operator under and in accordance with the provisions of this AgreementOperator. Provided further that if the Authority amends the Operational Routes pursuant to this Clause 16.4.1, there shall be no reduction in the kilometresAnnual Assured Bus Kilometres. 16.4.2 In the event the Operator makes any unscheduled or unauthorized trip outside operation hours and beyond the Operational Routes or in violation of any requirement of the Deployment Plan or without specific instructions of the Authority in relation thereof, it shall be liable for payment of Damages at the rate of [0.01% (zero point zero one percent)] 0.01]% of the Performance Security. 16.4.3 The Authority may after due notification to the Operator, change the route(s)/ frequency/ schedule of the Buses due to any reason whatsoever including but not limited to passenger feedback, special circumstances, festivals and seasonal requirements. In case the Authority makes any such change(s), it shall notify the Operator in writing [5 (five)] days prior to implementation of such change. 16.4.4 Unless directed by the Authority, the Operator shall maintain the frequency of the Buses as specified in the Deployment Plan. 16.4.5 The actual hours of operations in a day are specified in the Deployment Plan. The Parties agree that the hours of operation may be segregated into peak hours and off-off peak hours of operation.operation and the Authority shall 16.4.6 In the event there is a need for change in route of Bus, the Operator shall inform the control centre for monitoring of all activities (“Control Centre”) about it and the same shall be tallied with the change in route length measured by ITS (“Intelligent Transport Systems”) or Odometer reading at the end point of the route and the distance so measured shall be reckoned for the purpose of making payment to the Operator.

Appears in 1 contract

Samples: Model Concession Agreement

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ROUTES AND SCHEDULES. 16.4.1 13.3.1 Details of each Route and hours of operation are listed in Schedule IX. The Parties agree that hours of operation will be segregated into peak hours and off peak hours of operation; 13.3.2 The minimum frequency and headway for each route has been provided by the Authority in Schedule IX. The Operator may choose to provide additional Bus Service than the minimum frequency set by the Authority. The Operator shall have accordingly prepare the exclusive right to determine routes, frequency timetable and schedule of ply Bus Service after timetable is approved by the Buses as part of Deployment Plan through Authority; 13.3.3 During the Contract Period, the Operator may choose to change the approved timetable. The Operator shall submit a written request, as per format provided in Schedule IX, for change in timetable along with the reasons for such change(s) to the Authority. The Authority shall provide review such request and may grant approval provided it meets the routes for Operation minimum frequency and headway as specified in Schedule-J (the “Operational Routes”). The Authority shall be required to consult with the Operator in case it carries out a change to any Operational Route such that it affects the origin and destination of the relevant Operational Route. The Parties agree that no such consultation would be required in case such change in the relevant Operational Route does not affect the origin and destination of the relevant Operational Route. Schedule IX; 13.3.4 The Operator shall only ply Buses on the Operational Routes, unless directed otherwise by the Authority. For the avoidance of doubt, it is clarified ensure that the Authority may amend the Operational Routes with prior notice Bus Service on each Route departs according to the Operator under and approved timetable as specified in accordance with the provisions of this Agreement. Provided further that if the Authority amends the Operational Routes pursuant Schedule IX or as per approved revised timetable from time to this Clause 16.4.1, there shall be no reduction in the kilometres.time; 16.4.2 13.3.5 In the event the Operator makes any unscheduled or unauthorized trip outside operation hours and beyond the Operational Routes or in violation of any requirement of the Fleet Deployment Plan or without specific instructions of the Authority in relation thereof, it shall be liable for payment of Damages at the rate Penalty set forth in Clause 16.5 read with Schedule X of [0.01% (zero point zero one percent)] of the Performance Security.this Contract; 16.4.3 13.3.6 The Authority may after due notification to ask the OperatorOperator for change in Route, change the route(s)/ frequency/ frequency or schedule of the Buses in accordance with Article 21, due to any reason whatsoever including but not limited to passenger feedback, special circumstances, festivals festivals, and seasonal requirements. In case the Authority makes any If such change(s), it shall notify the Operator in writing changes are for short duration only not exceeding [5 7 (fiveseven)] days prior to implementation of such change. 16.4.4 Unless directed in a calendar year, there shall be no change either in the System Management Fee payable by the Operator or Grant payable by Authority, as the case maybe. However if such change persists for more than the maximum time period stated in this clause 13.3.6, then such arrangement shall be on mutually agreed terms; 13.3.7 If the Operator shall maintain the frequency operates with 15% (fifteen percent) deficiency in Service Quality in 3 (three) months or 10% (ten percent) deficiency in contracted level of the Buses Bus reliability as specified in Schedule X, then the Deployment Plan.Authority shall have right to, after Cure Period in accordance with Clause 22.1, consider this as an Operator Event of Default; 16.4.5 The actual hours of operations in a day are specified in the Deployment Plan. The Parties agree that the hours of operation may be segregated into peak hours and off-peak hours of operation. 16.4.6 13.3.8 In the event event, due to some en-route conditions, there is a need for change in route of Bus, then in such a situation, the Operator shall immediately inform the control centre for monitoring of all activities (“Control Centre”) Centre about it and the same shall be tallied with the change in route length measured by ITS (“Intelligent Transport Systems”) or Odometer reading at the end point of the route and the distance so measured shall be reckoned for the purpose of making payment to the Operatorit.

Appears in 1 contract

Samples: City Bus Private Operation Contract

ROUTES AND SCHEDULES. 16.4.1 13.3.1 Details of each Route and hours of operation are listed in Schedule IX. The Parties agree that hours of operation will be segregated into peak hours and off peak hours of operation; 13.3.2 The minimum frequency and headway for each route has been provided by the Authority in Schedule IX. The Operator may choose to provide additional Bus Service than the minimum frequency set by the Authority. The Operator shall have accordingly prepare the exclusive right timetable and inform the Authority that it has adhered to determine routesthe frequency, frequency headway and schedule of other terms prescribed by the Authority in Schedule IX; 44[Drafting Note: Delete this provision if Buses as part of Deployment Plan through are being procured by the Authority] 13.3.3 During the Contract Period, the Operator may choose to change the approved timetable. The Operator shall submit a written request, as per format provided in Schedule IX, for change in timetable along with the reasons for such change(s) to the Authority. The Authority shall provide review such request and may grant approval provided it meets the routes for Operation minimum frequency and headway as specified in Schedule-J (the “Operational Routes”). The Authority shall be required to consult with the Operator in case it carries out a change to any Operational Route such that it affects the origin and destination of the relevant Operational Route. The Parties agree that no such consultation would be required in case such change in the relevant Operational Route does not affect the origin and destination of the relevant Operational Route. Schedule IX; 13.3.4 The Operator shall only ply Buses on the Operational Routes, unless directed otherwise by the Authority. For the avoidance of doubt, it is clarified ensure that the Authority may amend the Operational Routes with prior notice Bus Service on each Route departs according to the Operator under and approved timetable as specified in accordance with the provisions of this Agreement. Provided further that if the Authority amends the Operational Routes pursuant Schedule IX or as per approved revised timetable from time to this Clause 16.4.1, there shall be no reduction in the kilometres.time; 16.4.2 13.3.5 In the event the Operator makes any unscheduled or unauthorized trip outside operation hours and beyond the Operational Routes or in violation of any requirement of the Fleet Deployment Plan or without specific instructions of notified by the Authority in relation thereof, it shall be liable for payment of Damages at the rate Penalty set forth in Clause 16.6 read with Schedule X of [0.01% (zero point zero one percent)] of the Performance Security.this Contract; 16.4.3 13.3.6 The Authority may after due notification to ask the OperatorOperator for change in Route, change the route(s)/ frequency/ frequency or schedule of the Buses Buses, due to any reason whatsoever including but not limited to passenger feedback, special circumstances, festivals festivals, and seasonal requirements. In case the Authority makes any If such change(s), it shall notify the Operator in writing changes are for short duration only not exceeding [5 7 (fiveseven)] days prior to implementation of such change. 16.4.4 Unless directed in a calendar year, there shall be no change either in the System Management Fee payable by the Operator or Grant payable by Authority, as the case maybe. However if such change persists for more than the maximum time period stated in this clause 13.3.6, then such arrangement shall be worked out on mutually agreed terms; 13.3.7 If the Operator shall maintain the frequency operates with 15% (fifteen percent) deficiency in Service Quality for 3 (three) months or 10% (ten percent) deficiency in contracted level of the Buses Bus reliability as specified in Schedule X, then the Deployment Plan.Authority shall have the right to, after Cure Period in accordance with Clause 22.1, consider this as an Operator Event of Default; 16.4.5 The actual hours of operations in a day are specified in the Deployment Plan. The Parties agree that the hours of operation may be segregated into peak hours and off-peak hours of operation. 16.4.6 13.3.8 In the event event, due to some en-route conditions, there is a need for change in route of Bus, then in such a situation, the Operator shall immediately inform the control centre for monitoring of all activities (“Control Centre”) Centre about it and for the purpose of making payment of Monthly Bonus for Class II Routes to the Operator, the same shall be tallied with the change in route length measured by ITS (“Intelligent Transport Systems”) or Odometer reading at the end point of the route and the distance so measured shall be reckoned for the purpose of making payment to the Operatormeasured.

Appears in 1 contract

Samples: City Bus Private Operation Contract

ROUTES AND SCHEDULES. 16.4.1 13.3.1 The Parties agree that the Authority shall have the exclusive right authority to determine routesRoutes, frequency and schedule schedules of the Buses as a part of the Fleet Deployment Plan through throughout the Contract Period. The Authority shall provide the routes for Operation as specified in Schedule-J (the “Operational Routes”). The Authority shall be required to consult with the Operator in case it carries out a change to any Operational Route such that it affects the origin and destination of the relevant Operational Route. The Parties agree that no such consultation would be required in case such change in the relevant Operational Route does not affect the origin and destination of the relevant Operational Route. The Operator shall only ply Buses on the Operational Routes, unless directed otherwise by the Authority. For the avoidance of doubt, it is clarified that the Authority may amend the Operational Routes with prior notice to the Operator under and in accordance with the provisions of this Agreement. Provided further that if the Authority amends the Operational Routes pursuant to this Clause 16.4.1, there shall be no reduction in the kilometres.; 16.4.2 13.3.2 In the event the Operator makes any unscheduled or unauthorized trip outside operation hours and beyond the Operational Routes or in violation of any requirement of the Fleet Deployment Plan or without specific instructions of the Authority in relation thereof, it shall be liable for payment of Damages at Penalty set forth in Clause 16.5 of this Contract; 43[Drafting Note: Delete this provision if Buses are being procured by the rate of [0.01Authority] 13.3.3 If the Operator operates with 15% (zero point zero one fifteen percent)] ) deficiency in Service Quality in 3 (three) month or 10% (ten percent) deficiency in contracted level of Bus reliability as specified in Schedule X, then the Performance Security.Authority shall have right to, after Cure Period in accordance with Clause 22.1 , consider this as an Operator Event of Default; 16.4.3 13.3.4 The Authority may after due notification to the Operator, Operator for a change the route(s)/ frequency/ route(s)/frequency/schedule of the Buses Buses, due to any reason whatsoever including but not limited to passenger feedback, special circumstances, festivals festivals, and seasonal requirements. In case the Authority makes any such change(s)changes, it shall notify the Operator in writing [5 (five)] ) days prior to implementation of such change.. The Operator shall be paid as per the applicable rate of Per Kilometre Fixed O&M Fee and the Per Kilometre Bonus O&M Fee (calculated in the manner specified in Article 16 read with Schedule XI). The additional number of passengers travelling in the Buses shall be taken into consideration for calculation of Daily Load Factor and Per Kilometre Actual O&M Fee; 16.4.4 13.3.5 Unless directed by the Authority, the Operator shall should maintain the frequency of the Buses as specified in the Fleet Deployment Plan.; 16.4.5 13.3.6 The actual hours of operations in a day are specified in the Fleet Deployment Plan. The Parties agree that the hours of operation may This will be segregated into peak hours and off-off peak hours of operation.; 16.4.6 13.3.7 In the event event, due to some en-route conditions, there is a need for change in route of Bus, then in such a situation, the Operator shall inform the control centre for monitoring of all activities (“Control Centre”) Centre about it and the same shall be tallied with the change in route length measured by ITS (“Intelligent Transport Systems”) or Odometer reading at the end point of the route and the distance so measured shall be reckoned for the purpose of making payment to the Operator.

Appears in 1 contract

Samples: City Bus Private Operation Contract

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