Common use of Site Data and Verification Clause in Contracts

Site Data and Verification. 10.3.1. The ULB has made available to the Concessionaire, the layout plans, ariel survey of the Project Site (existing facilities like collection points, processing plants,), load flow studies and all other relevant data, studies and reports in Authority's possession in connection with the Sites. 10.3.2. The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the Sites. 10.3.3. The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed and verified the accuracy and reliability of the studies, reports and data provided by the ULB and any other information available with respect to the Sites and to have satisfied itself as to all the relevant matters including: a) The nature of the Site, including the subsurface, hydrological, climatic and general physical conditions of the Site; b) The suitability of the Site for undertaking the construction and operation of the Project; c) The condition of the utilities available till the battery limits of the Sites; d) the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; e) the nature of design, construction work and O&M services necessary for the performance of its obligations under this Agreement; f) Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; g) the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; h) the suitability and adequacy of any access roads to the Sites and other utilities and facilities to be provided by the relevant Government Authority; and i) all other matters that may affect the performance of its obligations under this Agreement. 10.3.4. Subject to Clause 10.3, the Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the ULB, then the ULB and the Concessionaire may mutually arrive at a decision regarding any extension of the Scheduled COD and/or compensation for additional costs incurred caused due to such erroror discrepancy. Provided that the Concessionaire shall not be entitled to any extension as mentioned above, nor shall it be open to the Concessionaire to justify any default or delay on the ground of the Concessionaire having not visited or acquainted itself with the Sites and Sites‘ conditions in any manner whatsoever. Further, any misinterpretation of the data, studies and reports provided by the ULB shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Clause 10.3.3 above, which affect or may affect the Project or the performance of any of its obligations under this Agreement.

Site Data and Verification. 10.3.1. (a) The ULB Authority has made available to the Concessionaire, the layout plans, ariel survey plans (as set out in Schedule [•] of the Project Site (existing facilities like collection points, processing plants,), load flow studies this Agreement) and all other relevant data, studies and reports in the Authority's ’s possession in connection with the SitesSite and the Project Facilities. 10.3.2. (b) The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the SitesSite. 10.3.3. (c) The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed and verified the accuracy and reliability of the studies, reports and data provided by the ULB Authority and any other information available with respect to the Sites Project Facilities and the Site and to have satisfied itself as to all the relevant matters including: a(i) The the nature of the Site, including the subsurfacesubsurface conditions, hydrologicalecosystem, climatic water table, drainage, subsoil, the load bearing and general physical conditions other characteristics of the Site; b(ii) The the suitability of the Site for undertaking the construction and operation of the ProjectProject Facilities; c(iii) The condition the adequacy of the utilities available till the battery limits of the SitesSite; d(iv) the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; e(v) the nature of design, construction work and O&M services necessary for the performance of to perform its obligations under this Agreement; f(vi) Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; g(vii) the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; h(viii) the suitability precautions, and adequacy methods of working necessary to prevent any access roads to the Sites and other utilities and facilities to be provided by the relevant Government Authoritypublic nuisance; and i(ix) all other matters that may affect the performance of its obligations under this Agreement. 10.3.4. Subject to Clause 10.3, the (d) The Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the ULBAuthority, then the ULB Authority and the Concessionaire may mutually arrive at a decision regarding any extension of [the relevant Scheduled Project Milestone Completion Date or]58 the Scheduled COD and/or compensation for additional costs incurred caused due to such erroror error or discrepancy. Provided that that, the Concessionaire shall not be entitled to any extension as mentioned above, nor shall it be open to the Concessionaire to justify any default or delay on the ground of the Concessionaire having not visited or acquainted itself with the Sites and Sites‘ ’ conditions in any manner whatsoever. Further, any misinterpretation of the data, studies and reports provided by the ULB Authority shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Clause 10.3.3 10.4(c) above, which affect or may affect the Project or the performance of any of its obligations under this Agreement.

Site Data and Verification. 10.3.1. (a) The ULB KMC has made available to the Concessionaire, the layout plans, ariel survey of the Project Site (existing facilities like collection points, processing plants,), load flow studies and all other relevant data, studies and reports in Authoritythe KMC 's possession in connection with the SitesSite and the Facilities. 10.3.2. (b) The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the SitesSite. 10.3.3. (c) The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed and verified the accuracy and reliability of the studies, reports and data provided by the ULB KMC and any other information available with respect to the Sites Facilities and the Site and to have satisfied itself as to all the relevant matters including: a(i) The the nature of the Site, including the subsurface, hydrological, climatic and general physical conditions of the Site; b(ii) The the suitability of the Site for undertaking the construction construction/renovation and/or operation and operation maintenance of the ProjectFacilities; c(iii) The the condition of the utilities available till the battery limits of the SitesSite; d(iv) the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; e(v) the nature of design, construction construction/renovation work and and/or O&M services necessary for the performance of its obligations under this Agreement; f(vi) Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; g(vii) the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; h(viii) the suitability and adequacy of any access roads to the Sites Site and other utilities and facilities to be provided by the relevant Government Authority; and i(ix) all other matters that may affect the performance of its obligations under this Agreement. 10.3.4. Subject to Clause 10.3, the The Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the ULBKMC, then the ULB and then, such error or discrepancy shall not entitle the Concessionaire may mutually arrive at a decision regarding to any extension of the Scheduled COD Payment Milestone Completion Dates, the Scheduled Construction Completion Dates and/or compensation for additional costs incurred caused due to such erroror discrepancy. Provided that the Concessionaire shall not be entitled to any extension as mentioned above, nor shall it be open to the Concessionaire to justify any default or delay on the ground of the Concessionaire having not visited or acquainted itself with the Sites and Sites‘ conditions in any manner whatsoeverincurred. Further, any misinterpretation of the data, studies and reports provided by the ULB KMC shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Clause 10.3.3 Article 4.3(c) (i) to (ix) above, which affect or may affect the Project or the performance of any of its obligations under this Agreement.

Site Data and Verification. 10.3.1. (a) The ULB Jal Xxxxx has made available to the Concessionaire, the layout plans, ariel survey of the Project Site (existing facilities like collection points, processing plants,), load flow studies and all other relevant data, studies and reports in Authoritythe Jal Nigam's possession in connection with the SitesSite and the Facilities. 10.3.2. (b) The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the SitesSite. 10.3.3. (c) The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed and verified the accuracy and reliability of the studies, reports and data provided by the ULB Jal Xxxxx and any other information available with respect to the Sites Facilities and the Site and to have satisfied itself as to all the relevant matters including: a(i) The the nature of the Site, including the subsurface, hydrological, climatic and general physical conditions of the Site; b(ii) The the suitability of the Site for undertaking the construction construction, rehabilitation and operation of the ProjectFacilities; c(iii) The the condition of the utilities available till the battery limits of the SitesSite; d(iv) the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; e(v) the nature of design, construction work and O&M services necessary for the performance of its obligations under this Agreement; f(vi) Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; g(vii) the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; h(viii) the suitability and adequacy of any access roads to the Sites Site and other utilities and facilities to be provided by the relevant Government Authority; and i(ix) all other matters that may affect the performance of its obligations under this Agreement. 10.3.4. Subject to Clause 10.320.3, the Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the ULBJal Xxxxx, then the ULB and then, such error or discrepancy shall not entitle the Concessionaire may mutually arrive at a decision regarding to any extension of the Scheduled COD Payment Milestone Completion Dates, the Scheduled Mirzapur Construction Completion Date and/or compensation for additional costs incurred caused due to such erroror discrepancy. Provided that the Concessionaire shall not be entitled to any extension as mentioned above, nor shall it be open to the Concessionaire to justify any default or delay on the ground of the Concessionaire having not visited or acquainted itself with the Sites and Sites‘ conditions in any manner whatsoeverincurred. Further, any misinterpretation of the data, studies and reports provided by the ULB Jal Xxxxx shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Clause 10.3.3 4.3(c) (i) to (ix) above, which affect or may affect the Project or the performance of any of its obligations under this Agreement.

Site Data and Verification. 10.3.1. (a) The ULB Authority has made available to the Concessionaire, the layout plans, ariel survey plans (as set out in Schedule [•] of the Project Site (existing facilities like collection points, processing plants,), load flow studies this Agreement) and all other relevant data, studies and reports in the Authority's ’s possession in connection with the SitesSite and the Project Facilities. 10.3.2. (b) The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the SitesSite. 10.3.3. (c) The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed and verified the accuracy and reliability of the studies, reports and data provided by the ULB Authority and any other information available with respect to the Sites Project Facilities and the Site and to have satisfied itself as to all the relevant matters including: a(i) The the nature of the Site, including the subsurfacesubsurface conditions, hydrologicalecosystem, climatic water table, drainage, subsoil, the load bearing and general physical conditions other characteristics of the Site; b(ii) The the suitability of the Site for undertaking the construction and operation of the ProjectProject Facilities; c(iii) The condition the adequacy of the utilities available till the battery limits of the SitesSite; d(iv) the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; e(v) the nature of design, construction work and O&M services necessary for the performance of to perform its obligations under this Agreement; f(vi) Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; g(vii) the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; h(viii) the suitability precautions, and adequacy methods of working necessary to prevent any access roads to the Sites and other utilities and facilities to be provided by the relevant Government Authoritypublic nuisance; and i(ix) all other matters that may affect the performance of its obligations under this Agreement. 10.3.4. Subject to Clause 10.3, the (d) The Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the ULBAuthority, then the ULB Authority and the Concessionaire may mutually arrive at a decision regarding any extension of [the relevant Scheduled Project Milestone Completion Date or]44 the Scheduled COD and/or compensation for additional costs incurred caused due to such erroror error or discrepancy. Provided that that, the Concessionaire shall not be entitled to any extension as mentioned above, nor shall it be open to the Concessionaire to justify any default or delay on the ground of the Concessionaire having not visited or acquainted itself with the Sites and Sites‘ ’ conditions in any manner whatsoever. Further, any misinterpretation of the data, studies and reports provided by the ULB Authority shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Clause 10.3.3 10.4(c) above, which affect or may affect the Project or the performance of any of its obligations under this Agreement.

Site Data and Verification. 10.3.1. (a) The ULB Jal Xxxxx has made available to the Concessionaire, the layout plans, ariel survey of the Project Site (existing facilities like collection points, processing plants,), load flow studies and all other relevant data, studies and reports in Authoritythe Jal Nigam's possession in connection with the SitesSite and the Facilities. 10.3.2. (b) The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the SitesSite. 10.3.3. (c) The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed and verified the accuracy and reliability of the studies, reports and data provided by the ULB Jal Xxxxx and any other information available with respect to the Sites Facilities and the Site and to have satisfied itself as to all the relevant matters including: a(i) The the nature of the Site, including the subsurface, hydrological, climatic and general physical conditions of the Site; b(ii) The the suitability of the Site for undertaking the construction and operation of the ProjectFacilities; c(iii) The the condition of the utilities available till the battery limits of the SitesSite; d(iv) the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; e(v) the nature of design, construction work and O&M services necessary for the performance of its obligations under this Agreement; f(vi) Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; g(vii) the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; h(viii) the suitability and adequacy of any access roads to the Sites Site and other utilities and facilities to be provided by the relevant Government Authority; and i(ix) all other matters that may affect the performance of its obligations under this Agreement. 10.3.4. Subject to Clause 10.3, the The Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the ULBJal Xxxxx, then the ULB and then, such error or discrepancy shall not entitle the Concessionaire may mutually arrive at a decision regarding to any extension of the Scheduled COD Payment Milestone Completion Date, the Scheduled Construction Completion Date and/or compensation for additional costs incurred caused due to such erroror discrepancy. Provided that the Concessionaire shall not be entitled to any extension as mentioned above, nor shall it be open to the Concessionaire to justify any default or delay on the ground of the Concessionaire having not visited or acquainted itself with the Sites and Sites‘ conditions in any manner whatsoeverincurred. Further, any misinterpretation of the data, studies and reports provided by the ULB Jal Xxxxx shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Clause 10.3.3 4.3(c) (i) to (ix) above, which affect or may affect the Project or the performance of any of its obligations under this Agreement.

Site Data and Verification. 10.3.1. (a) The ULB Jal Xxxxx has made available to the Concessionaire, the layout plans, ariel survey of the Project Site (existing facilities like collection points, processing plants,), load flow studies and all other relevant data, studies and reports in Authoritythe Jal Nigam's possession in connection with the SitesSite, the Facilities and the Associated Infrastructure. 10.3.2. (b) The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the SitesSite. 10.3.3. (c) The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed analyzed and verified the accuracy and reliability of the studies, reports and data provided by the ULB Jal Xxxxx and any other information available with respect to the Sites Facilities, the Site and the Associated Infrastructure and to have satisfied itself as to all the relevant matters including: a(i) The the nature of the Site, including the subsurface, hydrological, climatic and general physical conditions of the Site; b(ii) The the suitability of the Site for undertaking the construction and operation of the ProjectFacilities and the Associated Infrastructure; c(iii) The the condition of the utilities available till the battery limits of the SitesSite; d(iv) the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; e(v) the nature of design, construction work and O&M services necessary for the performance of its obligations under this Agreement; f(vi) Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; g(vii) the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; h(viii) the suitability and adequacy of any access roads to the Sites Site and other utilities and facilities to be provided by the relevant Government Authority; and i(ix) all other matters that may affect the performance of its obligations under this Agreement. 10.3.4. Subject to Clause 10.3, the The Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the ULBJal Xxxxx, then the ULB and then, such error or discrepancy shall not entitle the Concessionaire may mutually arrive at a decision regarding to any extension of the Scheduled COD Payment Milestone Completion Date, the Scheduled Construction Completion Date and/or compensation for additional costs incurred caused due to such erroror discrepancy. Provided that the Concessionaire shall not be entitled to any extension as mentioned above, nor shall it be open to the Concessionaire to justify any default or delay on the ground of the Concessionaire having not visited or acquainted itself with the Sites and Sites‘ conditions in any manner whatsoeverincurred. Further, any misinterpretation of the data, studies and reports provided by the ULB Jal Xxxxx shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Clause 10.3.3 4.3(c) (i) to (ix) above, which affect or may affect the Project or the performance of any of its obligations under this Agreement.

Site Data and Verification. 10.3.1. (a) The ULB Executive Agency has made available to the Concessionaire, the layout plans, ariel survey of the Project Site (existing facilities like collection points, processing plants,), load flow studies and all other relevant data, studies and reports in Authoritythe Executive Agency's possession in connection with the SitesSite and the Facilities. 10.3.2. (b) The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the SitesSite. 10.3.3. (c) The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed and verified the accuracy and reliability of the studies, reports and data provided by the ULB Executive Agency and any other information available with respect to the Sites Facilities and the Site and to have satisfied itself as to all the relevant matters including: a(i) The the nature of the Site, including the subsurface, hydrological, climatic and general physical conditions of the Site; b(ii) The the suitability of the Site for undertaking the construction and operation of the ProjectFacilities; c(iii) The the condition of the utilities available till the battery limits of the SitesSite; d(iv) the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; e(v) the nature of design, construction work and O&M services necessary for the performance of its obligations under this Agreement; f(vi) Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; g(vii) the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; h(viii) the suitability and adequacy of any access roads to the Sites Site and other utilities and facilities to be provided by the relevant Government Authority; and i(ix) all other matters that may affect the performance of its obligations under this Agreement. 10.3.4. Subject to Clause 10.3clause 20.3, the Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the ULBExecutive Agency, then the ULB and then, such error or discrepancy shall not entitle the Concessionaire may mutually arrive at a decision regarding to any extension of the Scheduled COD Payment Milestone Completion Date, the Scheduled Construction Completion Date and/or compensation for additional costs incurred caused due to such erroror discrepancy. Provided that the Concessionaire shall not be entitled to any extension as mentioned above, nor shall it be open to the Concessionaire to justify any default or delay on the ground of the Concessionaire having not visited or acquainted itself with the Sites and Sites‘ conditions in any manner whatsoeverincurred. Further, any misinterpretation of the data, studies and reports provided by the ULB Executive Agency shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Clause 10.3.3 4.3(c) (i) to (ix) above, which affect or may affect the Project or the performance of any of its obligations under this Agreement.

Site Data and Verification. 10.3.1. (a) The ULB Authority has made available to the Concessionaire, the layout plans, ariel survey plans (as set out in Schedule [•] of the Project Site (existing facilities like collection points, processing plants,), load flow studies this Agreement) and all other relevant data, studies and reports in the Authority's ’s possession in connection with the SitesSite and the Project Facilities. 10.3.2. (b) The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the SitesSite. 10.3.3. (c) The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed and verified the accuracy and reliability of the studies, reports and data provided by the ULB Authority and any other information available with respect to the Sites Project Facilities and the Site and to have satisfied itself as to all the relevant matters including: a(i) The the nature of the Site, including the subsurfacesubsurface conditions, hydrologicalecosystem, climatic water table, drainage, subsoil, the load bearing and general physical conditions other characteristics of the Site; b(ii) The the suitability of the Site for undertaking the construction and operation of the ProjectProject Facilities; c(iii) The condition the adequacy of the utilities available till the battery limits of the SitesSite; d(iv) the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; e(v) the nature of design, construction work and O&M services necessary for the performance of to perform its obligations under this Agreement; f(vi) Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; g(vii) the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; h(viii) the suitability precautions, and adequacy methods of working necessary to prevent any access roads to the Sites and other utilities and facilities to be provided by the relevant Government Authoritypublic nuisance; and i(ix) all other matters that may affect the performance of its obligations under this Agreement. 10.3.4. Subject to Clause 10.3, the (d) The Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the ULBAuthority, then the ULB Authority and the Concessionaire may mutually arrive at a decision regarding any extension of [the relevant Scheduled Project Milestone Completion Date or]48 the Scheduled COD and/or compensation for additional costs incurred caused due to such erroror error or discrepancy. Provided that that, the Concessionaire shall not be entitled to any extension as mentioned above, nor shall it be open to the Concessionaire to justify any default or delay on the ground of the Concessionaire having not visited or acquainted itself with the Sites and Sites‘ ’ conditions in any manner whatsoever. Further, any misinterpretation of the data, studies and reports provided by the ULB Authority shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Clause 10.3.3 10.4(c) above, which affect or may affect the Project or the performance of any of its obligations under this Agreement.