Common use of Shifting of obstructing utilities Clause in Contracts

Shifting of obstructing utilities. The Licensee shall, subject to Applicable Laws and with assistance of the Licensor, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Project Site if and only if such utility causes or shall cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such shifting shall be borne by the Licensor or by the entity owning such utility, if the Licensor so directs, and in the event of any delay in shifting thereof, the Licensee shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The Licensee shall allow, subject to such conditions as the Licensor may specify, access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Licensee, it may require the user of the Project Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Project Site under this Clause shall not in any manner relieve the Licensee of its obligation to maintain the Project in accordance with this Agreement and any damage caused by such use shall be restored forthwith. The Licensor shall assist the Licensee in obtaining the Applicable Permits for felling of trees to be identified by the Licensor for this purpose if and only if such trees cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such felling shall be borne by the Licensor, and in the event of any delay in felling thereof for reasons beyond the control of the Licensee, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. For the avoidance of doubt, the Parties hereto agree that the felled trees shall be deemed to be owned by the Licensor and shall be disposed in such manner and subject to such conditions as the Licensor may in its sole discretion deem appropriate.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

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Shifting of obstructing utilities. 11.2.1 The Licensee Concessionaire shall, subject to Applicable Laws and with assistance of the LicensorAuthority, undertake shifting of any utility (including electric lines, water pipes and telephone cables), to an appropriate location or alignment within or outside the Project Site if and only alignment, if such utility causes or shall cause a Material Adverse Effect on obstruction adversely affects the construction, operation execution of Works or maintenance of the ProjectProject Highway in accordance with this Agreement, as per the scope given in Schedule B and in accordance with applicable standards and specifications of concerned utility owning entity. The cost of such shifting of such, utilities indicated in Schedule-B is payable to the Concessionaire as part of Bid Project Cost. Cost of shifting utilities not included in the Schedule B, if any, shall be borne by treated as Change of Scope.. The Authority will provide assistance to the Licensor or by Concessionaire for obtaining the estimates for shifting of such utilities from the entity owning such utilityelectric lines, if water pipes or telephone cables, as the Licensor so directs, case may be. The Concessionaire shall execute such utility shifting works under the supervision of utility owning agency and Independent Engineer (IE) in accordance with the provision of Agreement. The supervision charges only shall be paid by the Authority to the Utility Owning Entity. In the event of any delay in shifting thereof, the Licensee Concessionaire shall be excused responsible for failure to perform any of its obligations hereunder if such failure is not as a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The Licensee dismantled material/ scrap of existing Utility to be shifted/ dismantled shall allow, subject belong to such conditions the Concessionaire who would be free to dispose-off the dismantled material as deemed fit by them. The work of shifting of utilities can be taken up by the Licensor may specify, access to, and use Concessionaire any time after signing of the Project Site for laying telephone linesAgreement. 11.2.2 In case Appointed Date is not achieved and the Concession Agreement is terminated prior to achievement of Appointed Date, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Licensee, it may require Concessionaire shall be reimbursed the user cost of utility shifting carried out during Development Period by the Authority after due certification by the Authorized Representative of the Project Site to pay compensation or damages as per Applicable LawsAuthority. For the avoidance purpose of doubtsuch reimbursement, it is agreed that use of the Project Site under this Clause shall not rates in any manner relieve the Licensee of its obligation to maintain approved estimates by the Project in accordance with this Agreement and any damage caused by such use concerned utility department shall be restored forthwith. The Licensor shall assist the Licensee in obtaining the Applicable Permits for felling of trees to be identified by the Licensor for this purpose if and only if such trees cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such felling shall be borne by the Licensor, and in the event of any delay in felling thereof for reasons beyond the control of the Licensee, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of treespaid as per actual work carried out at site. For the avoidance of doubt, the Parties hereto agree that Concessionaire would be reimbursed the felled trees shall be deemed cost of utility shifting only in case of termination prior to be owned by Appointed Date and only if it carry out the Licensor and shall be disposed utility shifting as envisaged in such manner and subject to such conditions as the Licensor may in its sole discretion deem appropriateClause 11.2.1.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Shifting of obstructing utilities. 11.2.1 The Licensee Concessionaire shall, subject to Applicable Laws and with assistance of the LicensorAuthority, undertake shifting of any utility (including electric lines, water pipes and telephone cables), to an appropriate location or alignment within or outside the Project Site if and only alignment, if such utility causes or shall cause a Material Adverse Effect on obstruction adversely affects the construction, operation execution of Works or maintenance of the ProjectProject Highway in accordance with this Agreement, as per the scope given in Schedule B and in accordance with applicable standards and specifications of concerned utility owning entity. The cost of such shifting of such, utilities indicated in Schedule-B is payable to the Concessionaire as part of Bid Project Cost. Cost of shifting utilities not included in the Schedule B, if any, shall be borne by treated as Change of Scope. The Authority will provide assistance to the Licensor or by Concessionaire for obtaining the estimates for shifting of such utilities from the entity owning such utilityelectric lines, if water pipes or telephone cables, as the Licensor so directs, case may be. The Concessionaire shall execute such utility shifting works under the supervision of utility owning agency and Independent Engineer (IE) in accordance with the provision of Agreement. The supervision charges only shall be paid by the Authority to the Utility Owning Entity. In the event of any delay in shifting thereof, the Licensee Concessionaire shall be excused responsible for failure to perform any of its obligations hereunder if such failure is not as a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The Licensee dismantled material/ scrap of existing Utility to be shifted/ dismantled shall allow, subject belong to such conditions the Concessionaire who would be free to dispose-off the dismantled material as deemed fit by them. The work of shifting of utilities can be taken up by the Licensor may specify, access to, and use Concessionaire any time after signing of the Project Site for laying telephone linesAgreement. 11.2.2 In case Appointed Date is not achieved and the Concession Agreement is terminated prior to achievement of Appointed Date, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Licensee, it may require Concessionaire shall be reimbursed the user cost of utility shifting carried out during Development Period by the Authority after due certification by the Authorized Representative of the Project Site to pay compensation or damages as per Applicable LawsAuthority. For the avoidance purpose of doubtsuch reimbursement, it is agreed that use of the Project Site under this Clause shall not rates in any manner relieve the Licensee of its obligation to maintain approved estimates by the Project in accordance with this Agreement and any damage caused by such use concerned utility department shall be restored forthwith. The Licensor shall assist the Licensee in obtaining the Applicable Permits for felling of trees to be identified by the Licensor for this purpose if and only if such trees cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such felling shall be borne by the Licensor, and in the event of any delay in felling thereof for reasons beyond the control of the Licensee, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of treespaid as per actual work carried out at site. For the avoidance of doubt, the Parties hereto agree that Concessionaire would be reimbursed the felled trees shall be deemed cost of utility shifting only in case of termination prior to be owned by Appointed Date and only if it carry out the Licensor and shall be disposed utility shifting as envisaged in such manner and subject to such conditions as the Licensor may in its sole discretion deem appropriateClause 11.2.1.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Shifting of obstructing utilities. 10.2.1 The Licensee Concessionaire shall, subject to Applicable Laws and with assistance of the LicensorAuthority, undertake shifting of any utility (including electric lines, water pipes and telephone cables, ) to an appropriate location or alignment alignment, within or outside the Project Site if and only if such utility causes or shall cause a Material Adverse Effect material adverse effect on the construction, operation or maintenance of the Project. The cost of such shifting shall be borne by the Licensor Authority or by the entity owning such utility, if the Licensor Authority so directs, and in the event of any delay in shifting thereof, the Licensee Concessionaire shall be excused for failure to perform any of its obligations hereunder here under if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. 10.2.2 For the existing utilities owned by Railways, where the shifting thereof can take place only after certain Works for its shifting have been completed by the Concessionaire, the Authority shall, undertake and complete its shifting within 180 (one hundred and eighty) days after the Concessionaire has notified the Authority of the completion of the Works. The Licensee In the event of delay in shifting the utility, beyond the aforesaid period of 180 (one hundred and eighty) days, the Concessionaire shall allowbe entitled to Damages for the period of delay in accordance with following formula :- Amount of Damages in Rs. per day per metre = 0.10 x C x 1/L x 1/N Where C = the Contract Price; L = length of the total Project in metres; and N = Completion period in days (Appointed Date to Scheduled Completion Date) In the event that any Damages are due and payable to the Concessionaire under the provisions of this Clause for delay in shifting the utility, the Concessionaire shall, subject to such conditions as the Licensor may specifyprovisions of Clause 11.4, access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss be entitled to Time Extension equal to the Licensee, it may require period for which the user of the Project Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Project Site Damages have become due and payable under this Clause , save and except that: (a) if any delays involve time overlaps, the overlaps shall not in any manner relieve the Licensee of its obligation to maintain the Project in accordance with this Agreement and any damage caused by be additive; and (b) such use Time Extension shall be restored forthwith. The Licensor shall assist restricted only to the Licensee in obtaining the Applicable Permits for felling of trees to be identified Works which are affected by the Licensor for this purpose if and only if such trees cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such felling shall be borne by the Licensor, and in the event of any delay in felling thereof for reasons beyond providing the control Right of the Licensee, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of treesWay. For the avoidance of doubt, the Parties hereto expressly agree that the felled trees Damages specified hereunder and the Time Extension specified in Clause 11.4 shall be deemed restricted only to be owned by failure of the Licensor Authority to provide the Right of Way for and shall be disposed in such manner and subject to such conditions as respect of the Licensor may width of the Site required for Works in its sole discretion deem appropriateaccordance with the Good Industry Practice.

Appears in 1 contract

Samples: Concession Agreement

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Shifting of obstructing utilities. The Licensee Concessionaire shall, subject to Applicable Laws and with assistance of the LicensorAuthority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Project Site if and only if such utility causes or shall cause a Material Adverse Effect material adverse effect on the construction, operation or maintenance of the ProjectProject Highway. The cost of such shifting shall be borne by the Licensor Authority or by the entity owning such utility, if the Licensor Authority so directs, and in the event of any delay in shifting thereof, the Licensee Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of any delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. New utilities and roads The Licensee Concessionaire shall allow, subject to such conditions as the Licensor Authority may specify, access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or such other public utilities. Where such access or use causes any financial loss to the LicenseeConcessionaire, it may require the user of the Project Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Project Site under this Clause shall not in any manner relieve the Licensee Concessionaire of its obligation to maintain the Project Highway in accordance with this Agreement and any damage caused by such use shall be restored forthwith. In case the Authority requires the connection of any adjoining road to the Project Highway or to connect, through a paved road, any adjoining service station, hotel, motel or any other public facility or amenity to the Project Highway, it shall issue to the Concessionaire a notice specifying in reasonable detail the works required thereunder and notwithstanding anything to the contrary contained in this Article, the provisions of Article 21 shall apply to such request of the Authority. It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder as per good industry practice. The Licensor works undertaken in accordance with this Clause shall be carried out in a manner that minimizes the disruption in operation of the Project Highway. For the avoidance of doubt and in case the works required under this Clause are undertaken by the Concessionaire, the construction and maintenance thereof shall be at the Authority's cost, in accordance with the provisions of Clause 15.1.3. For the avoidance of doubt, any connecting road constructed prior to the Appointed Date and falling within the Site shall be maintained by the Concessionaire upon advance payment to be made by the beneficiary entity in accordance with the provisions of this Clause. Felling of trees The Authority shall assist the Licensee Concessionaire in obtaining the Applicable Permits for felling of trees to be identified by the Licensor Authority for this purpose if and only if such trees cause a Material Adverse Effect material adverse effect on the construction, operation or maintenance of the ProjectProject Highway. The cost of such felling shall be borne by the LicensorAuthority, and in the event of any delay in felling thereof for reasons beyond the control of the LicenseeConcessionaire, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. For the avoidance of doubt, the Parties hereto agree that the felled trees shall be deemed to be owned by the Licensor Authority and shall be disposed in such manner and subject to such conditions as the Licensor Authority may in its sole discretion deem appropriate.

Appears in 1 contract

Samples: Concession Agreement

Shifting of obstructing utilities. The Licensee Concessionaire shall, subject to Applicable Laws and with assistance of the LicensorAuthority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or r outside the Project Site if and only if such utility causes or shall cause a Material Adverse Effect material adverse effect on the construction, operation or maintenance of the ProjectProject Highway. The cost of such shifting shall be borne by the Licensor Authority or by the entity owning such utility, if the Licensor Authority so directs, and in the event of any delay in shifting thereof, the Licensee Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of any delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The Licensee Concessionaire shall allow, subject to such conditions as the Licensor Authority may specify, access to, and use of the Project Site site for laying telephone lines, water pipes, electric cables or such other public utilities. Where such access or use causes any financial loss to the LicenseeConcessionaire, it may require the user of the Project Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Project Site under this Clause shall not in any manner relieve the Licensee Concessionaire of its obligation to maintain the Project Highway in accordance with this Agreement and any damage caused by such use shall be restored forthwith. The Licensor shall assist In case the Licensee in obtaining Authority requires the Applicable Permits for felling of trees to be identified by the Licensor for this purpose if and only if such trees cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such felling shall be borne by the Licensor, and in the event connection of any delay in felling thereof for reasons beyond adjoining road to the control of Project Highway or to connect, through a paved road, any adjoining service station, hotel, motel or any other public facility or amenity to the LicenseeProject Highway, it shall issue to the Concessionaire a notice specifying in reasonable detail the works required thereunder and notwithstanding anything to the contrary contained in this Article, the provisions of Article 21 shall apply to such request of the Authority. It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder as per good industry practice. The works undertaken in accordance with this Clause shall be excused for failure to perform any carried out in a manner that minimizes the disruption in operation of its obligations hereunder if such failure is a direct consequence of delay in the felling of treesProject Highway. For the avoidance of doubt, any connecting road constructed prior to the Parties hereto agree that Appointed Date and falling within the felled trees Site shall be deemed maintained by the Concessionaire upon advance payment to be owned made by the Licensor beneficiary entity in accordance with the provisions of this Clause. For the avoidance of doubt, any connecting road constructed prior to the appointed Date and falling within the Site shall be disposed maintained by the concessionaire upon advance payment to be made by the beneficiary entity in such manner and subject to such conditions as accordance with the Licensor may in its sole discretion deem appropriateprovisions of this Clause.

Appears in 1 contract

Samples: Concession Agreement

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