Common use of Section closure Clause in Contracts

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 the Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made to the Independent Engineer, and a copy thereof furnished to the Government, 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, the Independent Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the Government. 17.7.2 The provisions of Clause 17.7.1 shall not apply to de-commissioning under Clause 17.6.1 or to closure of any one trackway for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Independent Engineer as off-peak hours when the flow of traffic is comparatively lower. 17.7.3 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 in re-opening such section, the Concessionaire shall pay Damages to the Government calculated at the rate of 0.1% (zero point one per cent) of the Average Daily Fare for that section, for each day of delay until the section has been re-opened for traffic.

Appears in 1 contract

Samples: Concession Agreement

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Section closure. 17.7.1 The 17.7.1. Save and except as provided in Clause 17.6, the Concessionaire shall not close any section of the Rail System Airport for undertaking routine and preventive maintenance or repair works works, not forming part of the Maintenance Programme, except with the prior written approval of the Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made to the Independent Engineer, and a copy thereof furnished to the GovernmentAuthority, 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, the Independent Engineer shall grant permission with such modifications as it may deem reasonable and necessary in conformity with the Maintenance Manual and Maintenance Programme and a copy of such permission shall be sent to the GovernmentAuthority. 17.7.2 17.7.2. The provisions of Clause 17.7.1 shall not apply to de-commissioning under Clause Clause 17.6.1 or to closure of any one trackway section of the Airport for a period not exceeding 2 6 (twosix) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Independent Engineer as offOff-peak hours when the flow of traffic is comparatively lowerPeak Period for this purpose. 17.7.3 17.7.3. 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 in re-opening such section, the Concessionaire shall pay Damages to the Government Authority calculated at the rate of 0.1% (zero point one per cent) of the Average Daily Fare for that sectionRevenue, for each day of delay until the section has been re-opened for traffic.

Appears in 1 contract

Samples: Concession Agreement

Section closure. 17.7.1 The Concessionaire shall not close any section of the Rail System XXX Ropeway or part thereof for undertaking maintenance or repair works except with the prior written approval of the Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made to the Independent Engineer, and a copy thereof furnished to the GovernmentAuthority, 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, the Independent Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the GovernmentAuthority. 17.7.2 The provisions of Clause 17.7.1 shall not apply to de-commissioning under Clause Clause 17.6.1 or to closure of any one trackway section for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Independent Engineer as off-peak hours when the flow of traffic is comparatively lower. 17.7.3 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 in re-opening reopening such section, the Concessionaire shall pay Damages to the Government Authority calculated at the rate of 0.1% (zero point one per cent) of the Average Daily Fare Fee for that section, for each day of delay until the section has been re-opened for traffic.

Appears in 1 contract

Samples: Concession Agreement

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Section closure. 17.7.1 The Concessionaire shall not close any section of the Rail System XXX Ropeway or part thereof for undertaking maintenance or repair works except with the prior written approval of the Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made to the Independent Engineer, and a copy thereof furnished to the GovernmentAuthority, 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, the Independent Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to the GovernmentAuthority. 17.7.2 The provisions of Clause 17.7.1 shall not apply to de-commissioning under Clause Clause 17.6.1 or to closure of any one trackway section for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Independent Engineer as off-peak hours when the flow of traffic is comparatively lower. 17.7.3 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 in re-re- opening such section, the Concessionaire shall pay Damages to the Government Authority calculated at the rate of 0.1% (zero point one per cent) of the Average Daily Fare Fee for that section, for each day of delay until the section has been re-opened for traffic.

Appears in 1 contract

Samples: Model Concession Agreement

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