Common use of Safety, breakdowns and accidents Clause in Contracts

Safety, breakdowns and accidents. 18.5.1 The Concessionaire shall ensure safe conditions for the operation of Rail System including but not limited to Consignments and consignors, and in the event of unsafe conditions, track damage, breakdowns and accidents, it shall follow the relevant operating procedures and undertake removal of obstruction and debris without delay. Such procedures shall conform to the provisions of this Agreement, Applicable Laws, Applicable Permits and Good Industry Practice. 18.5.2 The Concessionaire‟s responsibility for rescue operations on the Rail System shall include safe evacuation of all Users and staff from the affected area as an initial response to any particular incident and shall also include prompt removal of debris or any other obstruction, which may endanger or interrupt the smooth flow of traffic. For this purpose, it shall maintain and operate [2 (two)] round-the-clock road vehicles [and 1 (one) accident relief train] with rescue equipment and position them in a manner that allows access to the accident site. In addition, [1 (one)] accident relief train shall also be designated by MOR for this purpose. 18.5.3 In the event of any accident on the Rail System and upon receipt of a request in writing sent by the Concessionaire, MOR shall arrange for relief and evacuation in the same manner as applicable in case of accidents on any other rail lines of MOR, provided however that the allocation of cost shall be determined in accordance with the provisions of Clause 17.4.1. 18.5.4 The Concessionaire shall comply with the provisions of this Agreement, Applicable Laws and Applicable Permits and conform to Good Industry Practice for securing the safety of the Rail System. In particular, the Concessionaire shall develop, implement and administer a surveillance and safety programme for providing a safe environment on or about the Rail System, and shall comply with the safety requirements set forth in Schedule-H (the “Safety Requirements”). 18.5.5 The Parties hereby agree that the Independent Engineer shall carry out safety audit of the Rail System in accordance with the Safety Requirements at least once a quarter. The Concessionaire shall, no later than 7 (seven) days after the close of each quarter, furnish to MOR a copy of the safety certification issued by the Independent Engineer. All costs and expenses to be incurred for facilitating the safety audit shall be solely borne by the Concessionaire.

Safety, breakdowns and accidents. 18.5.1 12.4.1 The Concessionaire Developer shall comply with the provisions of this Agreement, Applicable Laws and Applicable Permits and conform to Good Industry Practice for securing the safety of the Rail System. In particular, the Developer shall abide by the following insofar as they relate to safety of the Users and consignments: (a) General and Subsidiary rules of Railways; (b) Accident Manual, Disaster Management Manual of respective division/zone of Railways; (c) Station working rules of concerned stations; (d) Safety circulars/bulletins etc. issued by Zonal Railway; and (e) relevant Standards/Guidelines contained in internationally accepted codes; (the “Safety Requirements”). 12.4.2 Safety Requirements shall apply to all phases of construction, operation and maintenance with emphasis on identification of factors likely to be associated with accidents, consideration of the same, and implementation of appropriate preventive measures. 12.4.3 The Developer shall ensure safe conditions for the operation of the Rail System including but not limited to Consignments and consignors, and in the event of unsafe conditions, track damage, breakdowns and accidents, it shall follow the relevant operating procedures and undertake removal of obstruction and debris without delay. Such procedures shall conform to the provisions of this Agreement, Applicable Laws, Applicable Permits and Good Industry Practice. 18.5.2 12.4.4 The Concessionaire‟s Developer‟s responsibility for rescue operations on the Rail System shall include safe evacuation of all Users and staff from the affected area areas as an initial response to any particular incident and shall also include prompt removal of debris or any other obstruction, which may endanger or interrupt the smooth flow of trafficincident. For this purpose, it shall maintain and operate [[2 (two)] round-the-clock road vehicles [and 1 (one) accident relief train] with rescue equipment and position them in a manner that allows access to the accident site. In addition, [1 (one)] accident relief train shall also be designated by MOR for this purpose. 18.5.3 12.4.5 The Developer shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement, appoint an experienced and qualified Safety Consultant, to carry out safety audit of the Rail System in accordance with the Safety Requirements at least once a year and take suitable action to comply with audit observations. 12.4.6 In the event of any accident on the Rail System and upon receipt of a request in writing sent by the ConcessionaireDeveloper, MOR shall arrange for relief and evacuation in the same manner as applicable in case of accidents on any other rail lines of MOR, provided however that the allocation of cost shall be determined in accordance with the provisions of Clause 17.4.111.4.1. 18.5.4 The Concessionaire shall comply with the provisions of this Agreement, Applicable Laws and Applicable Permits and conform to Good Industry Practice for securing the safety of the Rail System. In particular, the Concessionaire shall develop, implement and administer a surveillance and safety programme for providing a safe environment on or about the Rail System, and shall comply with the safety requirements set forth in Schedule-H (the “Safety Requirements”). 18.5.5 The Parties hereby agree that the Independent Engineer shall carry out safety audit of the Rail System in accordance with the Safety Requirements at least once a quarter. The Concessionaire shall, no later than 7 (seven) days after the close of each quarter, furnish to MOR a copy of the safety certification issued by the Independent Engineer. All costs and expenses to be incurred for facilitating the safety audit shall be solely borne by the Concessionaire.

Safety, breakdowns and accidents. 18.5.1 The Concessionaire shall ensure safe conditions for the operation of Rail System including but not limited to Consignments and consignors, and in the event of unsafe conditions, track damage, breakdowns and accidents, it shall follow the relevant operating procedures and undertake removal of obstruction and debris without delay. Such procedures shall conform to the provisions of this Agreement, Applicable Laws, Applicable Permits and Good Industry Practice. 18.5.2 The Concessionaire‟s Concessionaire’s responsibility for rescue operations on the Rail System shall include safe evacuation of all Users and staff from the affected area as an initial response to any particular incident and shall also include prompt removal of debris or any other obstruction, which may endanger or interrupt the smooth flow of traffic. For this purpose, it shall maintain and operate [2 (two)] round-the-clock road vehicles [and 1 (one) accident relief train] with rescue equipment and position them in a manner that allows access to the accident site. In addition, [1 (one)] accident relief train shall also be designated by MOR for this purpose. 18.5.3 In the event of any accident on the Rail System and upon receipt of a request in writing sent by the Concessionaire, MOR shall arrange for relief and evacuation in the same manner as applicable in case of accidents on any other rail lines of MOR, provided however that the allocation of cost shall be determined in accordance with the provisions of Clause 17.4.1. 18.5.4 The Concessionaire shall comply with the provisions of this Agreement, Applicable Laws and Applicable Permits and conform to Good Industry Practice for securing the safety of the Rail System. In particular, the Concessionaire shall develop, implement and administer a surveillance and safety programme for providing a safe environment on or about the Rail System, and shall comply with the safety requirements set forth in Schedule-H (the “Safety Requirements”). 18.5.5 The Parties hereby agree that the Independent Engineer shall carry out safety audit of the Rail System in accordance with the Safety Requirements at least once a quarter. The Concessionaire shall, no later than 7 (seven) days after the close of each quarter, furnish to MOR a copy of the safety certification issued by the Independent Engineer. All costs and expenses to be incurred for facilitating the safety audit shall be solely borne by the Concessionaire.