Section closure. 17.7.1 The Concessionaire shall not close any section of the Rail System for undertaking maintenance or repair works except with the prior written approval of MOR. Such approval shall be sought by the Concessionaire through a written request to be made to MOR, at least 7 (seven) days before the proposed closure of such section and shall be accompanied by particulars thereof. Within 3 (three) days of receiving such request, MOR shall grant permission with such modifications as it may deem necessary. Provided that for closure of any one track-way for a period not exceeding 2 (two) hours in a day, the prior notice for seeking approval of MOR shall be not less than 2 (two) hours prior to such proposed closure. 17.7.2 Upon receiving the permission pursuant to Clause 17.7.1, the Concessionaire shall be entitled to close the designated section for the period specified therein, and in the event of any delay exceeding [2 (two) hours] in re-opening such section, the Concessionaire shall pay Damages to MOR calculated at the rate of 1% (one per cent) of the Average Daily User Fee, for each hour of delay or part thereof on pro-rata basis, until the section has been re-opened for traffic.
Appears in 4 contracts
Samples: Construction Agreement, Construction Contract, Construction Agreement
Section closure. 17.7.1 18.7.1 The Concessionaire shall not close any section of the Rail System for undertaking maintenance or repair works except with the prior written approval of MOR. Such approval shall be sought by the Concessionaire through a written request to be made to MOR, at least 7 (seven) days before the proposed closure of such section and shall be accompanied by particulars thereof. Within 3 (three) days of receiving such request, MOR shall grant permission with such modifications as it may deem necessary. Provided that for closure of any one track-way trackway for a period not exceeding 2 (two) hours in a day, the prior notice for seeking approval of MOR shall be not less than 2 (two) hours prior to such proposed closure.
17.7.2 18.7.2 Upon receiving the permission pursuant to Clause 17.7.118.7.1, the Concessionaire shall be entitled to close the designated section for the period specified therein, and in the event of any delay exceeding [2 (two) hours] in re-opening such section, the Concessionaire shall pay Damages to MOR calculated at the rate of 1% (one per cent) of the Average Daily User Fee, for each hour of delay or part thereof on pro-rata basis, until the section has been re-opened for traffic.
Appears in 4 contracts
Samples: Construction Agreement, Construction Agreement, Construction Agreement