Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. (ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked. (iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority. (iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 67 contracts
Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement, Construction Contract
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 29 contracts
Samples: Draft Contract Agreement, Draft Contract Agreement (Dca), Draft Contract Agreement
Suspension of unsafe Construction Works.
(i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 22 contracts
Samples: Engineering Procurement and Construction (Epc) Agreement, Engineering Procurement and Construction Agreement, Contract Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansusers.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansusers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 16 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansusers.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansusers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.630.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period for Bus Terminal shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 16 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such Such work threatens the safety of the Users and pedestrians. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.628.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), ) shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer.
Appears in 9 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), ) ,suspend the Works or any orany part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be maybe revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 8 contracts
Samples: Construction Contract, Construction Contract, Contract Agreement
Suspension of unsafe Construction Works. (i) 13.4.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansHospital Building, Staff Accommodation or public.
(ii) 13.4.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.4.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.4.2 shall be repeated until the suspension hereunder is revoked.
(iii) 13.4.3 Subject to the provisions of Clause 21.631.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.4.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Project Completion Schedule is extended by the Authority in accordance with this Clause 13.4.4, the Concession Period shall also be extended by an equivalent period.
Appears in 6 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Authority‟s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Authority‟s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Authority‟s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Authority‟s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Authority‟s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 5 contracts
Samples: Engineering, Procurement and Construction Agreement, Epc Agreement, Draft Contract Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, if in the reasonable opinion of the Authority’s Engineer, Authority such work threatens the safety of the Users and pedestriansusers.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)Article 13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 Article 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.6Article 13.5.2, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 5 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works TheContractorshall,pursuanttothenoticeunderClause11.17(i),suspendtheWorks or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be maybe revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 5 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority MOR may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s EngineerMOR, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority MOR and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority MOR recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority MOR shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityMOR, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.628.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityMOR, the Preservation Costs shall be borne by the AuthorityMOR.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify MOR accordingly whereupon MOR shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 4 contracts
Samples: Construction Agreement, Construction Agreement, Construction Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Engineer to this effect, or on its own volition in cases of emergency or urgency, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s EngineerEngineer or the Authority, as the case may be, such work threatens the safety of the Users and pedestriansor other persons on or about the Railway Project.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users Users, other persons and vehicles on or about the Railway Project including pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.619.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 4 contracts
Samples: Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects, Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects, Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansUsers. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.635.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), ) shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Authority Engineer to this effect, or on its own volition in cases of emergency or urgency, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority Engineer or the Authority’s Engineer, as the case may be, such work threatens the safety of the Users and pedestriansor other persons on or about the Railway Project.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users Users, other persons and vehicles on or about the Railway Project including pedestrians. The Contractor may by notice require the Authority’s Authority Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Authority Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.619.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Authority Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 3 contracts
Samples: Epc Agreement, Epc Agreement, Engineering, Procurement and Construction (Epc) Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Employer's Engineer to this effect, the Authority Employer may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Employer's Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority Employer and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Employer's Engineer to inspect such remedial measures forthwith and make a report to the Authority Employer recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Employer's Engineer, the Authority Employer shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityEmployer, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityEmployer, the Preservation Costs shall be borne by the AuthorityEmployer.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Employer's Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 3 contracts
Samples: Epc Agreement, Epc Agreement, Engineering, Procurement and Construction Agreement
Suspension of unsafe Construction Works. (i) 13.5.1. Upon recommendation of the Authority’s Engineer Independent Expert to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansany person or property.
(ii) 13.5.2. The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users affected persons or properties and pedestriansthe Users. The Contractor Concessionaire may by notice require the Authority’s Engineer Independent Expert to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s EngineerIndependent Expert, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3. Subject to the provisions of Clause 21.629.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4. If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Independent Expert shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor is reasonably entitled.Concessionaire is
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority MOR may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s EngineerMOR, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority MOR and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority MOR recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority MOR shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityMOR, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.631.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityMOR, the Preservation Costs shall be borne by the AuthorityMOR.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify MOR accordingly whereupon MOR shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 3 contracts
Samples: Construction Contract, Construction Agreement, Construction Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.this
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 3 contracts
Samples: Draft Contract Agreement, Contract Agreement, Draft Contract Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such Such work threatens the safety of the Users and pedestrians. Provided, however, that in case of an emergency, the Authority may Suo-moto issue the notice referred to hereinabove.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.628.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “"Preservation Costs”), ") shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitledentitled and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) . If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 2 contracts
Samples: Contract Agreement, Contract Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. Provided, however, that in case of an Emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor may Concessionaire may, by notice notice, require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.627.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), ) shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 15.4.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansusers or people.
(ii) 15.4.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)15.4.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansusers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension Suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension Suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 15.4 shall be repeated until the suspension Suspension hereunder is revoked.
(iii) 15.4.3 Subject to the provisions of Clause 21.628.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension Suspension (the “Preservation Costs”), ) shall be borne by the ContractorConcessionaire; provided that if If the suspension has occurred as a result of Suspension pursuant to Sub-clause 15.4.2 above, is caused by:
a) any reason other than default or breach of this Agreement by the AuthorityConcessionaire including breach of any of the obligations of the Concessionaire under this Agreement, the Preservation Costs shall be borne by the AuthorityConcessionaire;
b) reason of any Force Majeure Event, the Preservation Costs shall be borne by the Concessionaire save and except to the extent otherwise expressly provided in Article 28.
(iv) 15.4.4 If suspension Suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the AuthorityEmployer’s Engineer to this effect, the Authority Employer may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the AuthorityEmployer’s Engineer, such work threatens is unsafe and detrimental to the safety of the Users and pedestrians.project..
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority Employer and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestriansthe workers. The Contractor may by notice require the AuthorityEmployer’s Engineer to inspect such remedial measures forthwith and make a report to the Authority Employer recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the AuthorityEmployer’s Engineer, the Authority Employer shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityEmployer, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityEmployer, the Preservation Costs shall be borne by the AuthorityEmployer.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the AuthorityEmployer’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 2 contracts
Samples: Demonstration Agreement, Contract Agreement for Design and Construction
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Engineer to this effect, or on its own volition in cases of emergency or urgency, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s EngineerEngineer or the Authority, as the case may be, such work threatens the safety of the Users and pedestriansor other persons on or about the Project. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users Users, other persons and pedestriansvehicles on or about the Project. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authorityand reasonable, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.619.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitledentitled in accordance with the provisions of Clause 10.4.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled [Six-Laning] Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled [Six-Laning] Date.
Appears in 2 contracts
Samples: Model Concession Agreement, Model Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s 's Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s 's Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s 's Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s 's Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s 's Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Engineer to this effect, Independent Expert the Contracting Authority may by written notice require the Contractor Service Provider to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Contracting Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Service Provider shall, pursuant to the following receipt of a notice under Clause 11.17 (i)13.5.1, promptly suspend the Works or any part thereof for such time and in such manner as may be specified by the Contracting Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Service Provider may by written notice require the Authority’s Engineer Independent Expert to inspect such remedial measures forthwith and make a report to the Contracting Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s EngineerIndependent Expert, the Contracting Authority shall either revoke such suspension or instruct the Contractor Service Provider to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Contracting Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.629.6, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; Service Provider, provided that if the suspension has occurred as a result of any material breach of this Agreement by the Contracting Authority, the Preservation Costs shall be borne by the Contracting Authority.
(iv) 13.5.4 If suspension of Works is for reasons not attributable to the ContractorService Provider, the Authority’s Engineer Independent Expert shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Service Provider is reasonably entitled, and shall notify the Contracting Authority accordingly whereupon the Contracting Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Expert. In the event that the Scheduled Completion Date is extended pursuant hereto, the Project Term shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date and Clause 31.2 shall apply provided that the Service Provider shall be placed in a no better no worse position.
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the 11.6.1. The Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Works Construction Works, if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrianspassersby. Provided, however, that in case of an Emergency, the Authority may suo-moto issue the notice referred to hereinabove.
(ii) 11.6.2. The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)11.6.1, suspend the Works construction works or any part thereof for such time and in such manner manner, as may be specified by the Authority Authority, and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Engineer Project In-Charge to inspect such remedial measures forthwith and make a report to after the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineerinspection, the Authority Project In-Charge shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 11.6 shall be repeated until the suspension hereunder is revoked.
(iii) 11.6.3. Subject to the provisions of Clause 21.625.6, all reasonable costs incurred for maintaining and protecting the Works construction works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.6.4. If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Chief Engineerof TSIIC shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitledentitled and shall extend such Project Completion Schedule dates. In the event that the Scheduled Completion Date is extended pursuant hereto, the construction Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may may-be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 2 contracts
Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be maybe revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 2 contracts
Samples: Construction Contract, Engineering Procurement and Construction Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.635.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), ) shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Two-Laning Plus Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Two-Laning Plus Date.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 13.4.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansExisting Hospital or public.
(ii) 13.4.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.4.1 above, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.4 shall be repeated until the suspension hereunder is revoked.
(iii) 13.4.3 Subject to the provisions of Clause 21.631.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Six -–Laning Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Six -–Laning Date.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 12.5.1 Upon recommendation of the Authority’s Engineer Independent Monitor[s] to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansor any other individual on or about the Project.
(ii) 12.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)12.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestriansor any individual on or about the Project. The Contractor Concessionaire may by notice require the Authority’s Engineer Independent Monitor[s] to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s EngineerIndependent Monitor[s], the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 12.5.2 shall be repeated until the suspension hereunder is revoked.
(iii) 12.5.3 Subject to the provisions of Clause 21.629.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 12.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Independent Monitor[s] shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule in accordance with the recommendations of the Independent Monitor[s].
Appears in 2 contracts
Samples: Public Private Partnership Agreement, Public Private Partnership Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor may Concessionaire may, by notice notice, require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.635.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Date.
Appears in 2 contracts
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Six-Laning Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Six-Laning Date.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. (i) 12.5.1 Upon recommendation of the Authority’s Engineer Independent Monitor[s] to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansor any individual on or about the Project.
(ii) 12.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)12.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestriansor any individual on or about the Project. The Contractor Concessionaire may by notice require the Authority’s Engineer Independent Monitor[s] to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s EngineerIndependent Monitor[s], the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 12.5.2 shall be repeated until the suspension hereunder is revoked.
(iii) 12.5.3 Subject to the provisions of Clause 21.629.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 12.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Independent Monitor[s] shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule in accordance with the recommendations of the Independent Monitor[s].
Appears in 2 contracts
Samples: Public Private Partnership Agreement, Public Private Partnership Agreement
Suspension of unsafe Construction Works.
(i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of (Design Chainage 50+710 to 65+923) of Parokhuwa – Dokmoka Section(Package 2) of NH 29 in the state of Assam on EPC mode. suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Contract Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s AUTHORITY’S/GMDAs Engineer to this effect, the Authority Authority/GMDA may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s AUTHORITY’S/GMDA s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority Authority/GMDA and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s AUTHORITY’S/GMDAs Engineer to inspect such remedial measures forthwith and make a report to the Authority Authority/GMDA recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s AUTHORITY’S/GMDAs Engineer, the Authority Authority/GMDA shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s AUTHORITY’S/GMDAs Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Suspension of unsafe Construction Works. (i) 13.5.1. Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2. The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)Clause.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users works and pedestrianstheUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated berepeated until the suspension hereunder is revoked.
(iii) 13.5.3. Subject to the provisions of Clause 21.630.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Concession Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 12.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansStudents / Faculty members or any other individual on or about the Project.
(ii) 12.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)12.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestriansStudents / faculty or any individual on or about the Project. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 12.5.2 shall be repeated until the suspension hereunder is revoked.
(iii) 12.5.3 Subject to the provisions of Clause 21.623.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 12.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule in accordance with the recommendations of the Independent Engineer.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require km 60.900 of old NH-40) to NH-106 (old NH-44E), (Package-II) km 12+800 to km 24+700 under SARDP-NE ‘Phase A’ in the State of Meghalaya on EPC Mode the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Construction Contract
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and P a g e | 67 thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Suspension of unsafe Construction Works. (i) 13.3.1 Upon recommendation of the Authority’s Engineer to Independent Expert on any error or defect of a technical nature in the designs and Drawing without rectification of which the Project cannot be carried out as per this effectAgreement, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of any equipment, maintenance or any individual on or about the Users and pedestriansProject. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 13.3.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.3.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon there upon carry out remedial measures to secure the safety of suspended works, works and or any individual on or about the Users and pedestriansProject. The Contractor Concessionaire may by notice require the Authority’s Engineer Independent Expert to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. All costs and expenses arising out of or relating to tests and inspections conducted by the Independent Expert to inspect such remedial measures shall be borne by the Concessionaire. Upon receiving the recommendations of the Authority’s EngineerIndependent Expert, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.3 shall be repeated until the suspension hereunder is revoked.
(iii) 13.3.3 Subject to the provisions of Clause 21.633.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), ) shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.3.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Independent Expert shall determine any Time Extension extension of the dates beyond the Scheduled Completion Date to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend the Scheduled Completion Date in accordance with the recommendations of the Independent Expert. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date subject to a maximum of 10% (ten per cent) of the initial Concession Period of 20 (twenty) years .
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) Downloaded from
13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.users. xxx.xxxxxx.xxx
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansusers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended Downloaded from xxx.xxxxxx.xxx pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Authority Engineer to this effect, or on its own volition in cases of emergency or urgency, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority Engineer or the Authority’s Engineer, as the case may be, such work threatens the safety of the Users and pedestriansor other persons on or about the Railway Project.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users Users, other persons and vehicles on or about the Railway Project including pedestrians. The Contractor may by notice require the Authority’s Authority Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Authority Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.619.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Authority Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
12.1 Tests on completion
Appears in 1 contract
Samples: Engineering, Procurement and Construction (Epc) Agreement
Suspension of unsafe Construction Works. Rangagara to Kaliabor Tiniali of NH-37 (Old) from Km 297+000 to Km 315+315 (18.315 Km), under SARDP-NE, at the Risk and Cost of EPC Contractor on EPC mode March 2024
(i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works TheContractorshall,pursuanttothenoticeunderClause11.17(i),suspendtheWorks or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be maybe revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitledreason ablyentitled.
Appears in 1 contract
Samples: Construction Contract
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to under the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth outlined in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Engineering Procurement and Construction (Epc) Agreement
Suspension of unsafe Construction Works. (i) 12.5.1 Upon recommendation of the Authority’s Engineer Independent Monitor to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Works construction works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrianspatients or any individual on or about the Project.
(ii) 12.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)12.5.1, suspend the Works construction works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestriansusers or any individual on or about the Project. The Contractor Concessionaire may by notice require the Authority’s Engineer Independent Monitor to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s EngineerIndependent Monitor, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 12.5.2 shall be repeated until the suspension hereunder is revoked.
(iii) 12.5.3 Subject to the provisions of Clause 21.626.7, all reasonable costs incurred for maintaining and protecting the Works construction works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 12.5.4 If suspension of Works construction works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Independent Monitor shall determine any Time Extension extension of the Schedule Completion Date to which the Contractor Concessionaire is reasonably entitledentitled and shall notify the Authority accordingly whereupon the Authority shall extend the Schedule Completion Date in accordance with the recommendations of the Independent Monitor.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Engineer Supervision Committee to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety ecology of the Users and pedestriansProject Site or its surrounding areas, local habitat, flora &fauna.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety ecology of suspended worksthe Project Site or its surroundings, the Users local habitat, flora and pedestriansfauna. The Contractor Concessionaire may by notice require the Authority’s Engineer Supervision Committee to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s EngineerSupervision Committee, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.632.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension Suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Supervision Committee shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Supervision Committee. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 12.9.1 Upon recommendation of the Authority’s Engineer to this effect, the Authority Government may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, if in the reasonable opinion of the Authority’s Engineer, Government such work threatens the safety of the Users and pedestrians.
(ii) 12.9.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)12.9.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority Government and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority Government recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority Government shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityGovernment, and the procedure set forth in this Clause 11.17 12.9 shall be repeated until the suspension hereunder is revoked.
(iii) 12.9.3 Subject to the provisions of Clause 21.626.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityGovernment, the Preservation Costs shall be borne by the AuthorityGovernment.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require (Km 47.075 to Km 77.055) on EPC Mode through ADB Loan assistance the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Contract Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority MPRDC may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, if in the reasonable opinion of the Authority’s Engineer, MPRDC such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1 , suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority MPRDC and thereupon carry out remedial measures to secure the safety of suspended works, works an the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority MPRDC recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority MPRDC shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityMPRDC, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityMPRDC, the Preservation Costs shall be borne by the AuthorityMPRDC.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the MPRDC accordingly whereupon the MPRDC shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Four-Laning Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Four-Laning Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansany person or property.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.635.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require shoulder from design Km 0+000 to Km 36+635 (Design Length= 36.635 Km) (existing Km 112+000 to Km 151+060 of Old NH-62) under Bharatmala Pariyojana (Lot-1) Pkg-1B on EPC mode in the state of Meghalaya the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Contract Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require old NH-40) to NH-106 (old NH-44E), km 0+000 to km 12+800 (Package-I) under SARDP-NE ‘PHASE A’ in the State of Meghalaya on EPC Mode the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Construction Contract
Suspension of unsafe Construction Works. (i) Upon recommendation 9.13.1 In event its come to the notice of RSCL/PMC any impending risk to the Authority’s Engineer to this effectwork or the personnel on and around the project site, the Authority RSCL may by notice require the Contractor to suspend forthwith the whole or any part of the Works work if, in the reasonable opinion of the Authority’s EngineerRSCL/PMC, such work threatens the safety of the Users and pedestrians.
(ii) 9.13.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)contract, suspend the Works work or any part thereof for such time and in such manner as may be specified by the Authority RSCL and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. .
9.13.3 The Contractor may by notice require the Authority’s Engineer RSCL/PMC to inspect such remedial measures forthwith and make a report to the Authority RSCL recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s EngineerRSCL/PMC, the Authority RSCL shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityRSCL, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable 9.13.4 All costs incurred for maintaining and protecting the Works work or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityRSCL, the Preservation Costs shall be borne by the AuthorityRSCL. However cost for maintaining and protecting the work for first 30 days, in any event shall be borne by Contractor irrespective of RSCL bringing about the suspension for its own convenience. The quantum of cost for maintenance and protection of the work when payable to the contractor shall be subject to approval of RSCL engineer.
(iv) 9.13.5 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer EIC shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: General Conditions of Contract
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (iClause11.17(i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be maybe revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority Government may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s EngineerGovernment, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority Government and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority Government recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority Government shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityGovernment, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityGovernment, the Preservation Costs shall be borne by the AuthorityGovernment.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Government accordingly whereupon the Government shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. Tipaimukh NH-202 (old NH-150) in the State of Manipur”] Oct 2020
(i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Construction Contract
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the 12.5.1. The Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Works construction works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestriansthe passersby. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 12.5.2. The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)12.5.1, suspend the Works construction works or any part thereof for such time and in such manner manner, as may be specified by the Authority Authority, and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Engineer Project In-Charge to inspect such remedial measures forthwith and make a report to after the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineerinspection, the Authority Project In-Charge shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 12.4 shall be repeated until the suspension hereunder is revoked.
(iii) 12.5.3. Subject to the provisions of Clause 21.624.6, all reasonable costs incurred for maintaining and protecting the Works construction works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 12.5.4. If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Project in-Charge shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall extend such Project Completion Schedule dates. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Project Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Project Completion Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.629.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Date.
Appears in 1 contract
Samples: Model Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation 9.13.1 In event its come to the notice of RSCL/PMC any impending risk to the Authority’s Engineer to this effectwork or the personnel on and around the project site, the Authority RSCL may by notice require the Contractor to suspend forthwith the whole or any part of the Works work if, in the reasonable opinion of the Authority’s EngineerRSCL/PMC, such work threatens the safety of the Users and pedestrians.
(ii) 9.13.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)contract, suspend the Works work or any part thereof for such time and in such manner as may be specified by the Authority RSCL and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer RSCL/PMC to inspect such remedial measures forthwith and make a report to the Authority RSCL recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s EngineerRSCL/PMC, the Authority RSCL shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityRSCL, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable 9.13.3 All costs incurred for maintaining and protecting the Works work or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityRSCL, the Preservation Costs shall be borne by the AuthorityRSCL. However cost for maintaining and protecting the work for first 30 days, in any event shall be borne by Contractor irrespective of RSCL bringing about the suspension for its own convenience. The quantum of cost for maintenance and protection of the work when payable to the contractor shall be subject to approval of RSCL engineer.
(iv) 9.13.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer EIC shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: General Conditions of Contract
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Engineer Supervision Committee to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety ecology of the Users and pedestriansProject Site or its surrounding areas, local habitat, flora &fauna.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety ecology of suspended worksthe Project Site or its surroundings, the Users local habitat, flora and pedestriansfauna. The Contractor Concessionaire may by notice require the Authority’s Engineer Supervision Committee to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s EngineerSupervision Committee, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.632.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension Suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Supervision Committee shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Supervision Committee. In the event that the Scheduled Completion Date or the Scheduled Phase Completion Date, as the case may be, is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date or the Scheduled Phase Completion Date, as the case may be.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Existing Assets, persons related to the Project, Users and pedestriansgeneral public. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.6Article 28, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), ) shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.. i iVla . i a g i n g D i r e c t o r
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Two-Laning Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Two-Laning Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Engineer to Independent Expert on any error or defect of a technical nature in the designs and Drawing without rectification of which the Project cannot be carried out as per this effectAgreement, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of any equipment, maintenance or any individual on or about the Users and pedestriansProject. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon there upon carry out remedial measures to secure the safety of suspended works, works and or any individual on or about the Users and pedestriansProject. The Contractor Concessionaire may by notice require the Authority’s Engineer Independent Expert to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. All costs and expenses arising out of or relating to tests and inspections conducted by the Independent Expert to inspect such remedial measures shall be borne by the Concessionaire. Upon receiving the recommendations of the Authority’s EngineerIndependent Expert, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.633.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), ) shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Independent Expert shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Expert. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date subject to a maximum of 10% (ten per cent) of the Concession Period.
Appears in 1 contract
Samples: Model Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority MPRDC may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s EngineerMPRDC, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority MPRDC and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority MPRDC recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority MPRDC shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityMPRDC, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityMPRDC, the Preservation Costs shall be borne by the AuthorityMPRDC.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify MPRDC accordingly whereupon MPRDC shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Two-Laning Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Two-Laning Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor may Concessionaire may, by notice notice, require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all 13.5.3 All reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any orany part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be maybe revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Construction Contract
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the AuthoritySPV’s Engineer to this effect, or on its own volition in cases of emergency or urgency, the Authority SPV may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the SPV’s Engineer or the Authority’s Engineer, as the case may be, such work threatens the safety of the Users and pedestriansor other persons on or about the Railway Project.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority SPV and thereupon carry out remedial measures to secure the safety of suspended works, the Users Users, other persons and vehicles on or about the Railway Project including pedestrians. The Contractor may by notice require the AuthoritySPV’s Engineer to inspect such remedial measures forthwith and make a report to the Authority SPV recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the AuthoritySPV’s EngineerEngineer , the Authority SPV shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.619.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the AuthoritySPV’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
12.1 Tests on completion
Appears in 1 contract
Samples: Epc Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such Such work threatens the safety of the Users and pedestrians. Provided, however, that in case of an emergency, the Authority may suomoto issue the notice referred to hereinabove.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.628.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), ) shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) Downloaded from
13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.users. xxx.xxxxxx.xxx
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansusers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Downloaded from xxx.xxxxxx.xxx Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority GOTN, HD may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s EngineerGOTN, HD, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority GOTN, HD and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority GOTN, HD recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority GOTN, HD shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityGOTN, HD, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityXXXX, HD, the Preservation Costs shall be borne by the AuthorityGOTN, HD.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify GOTN, HD accordingly whereupon GOTN, HD shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Six Laning Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Six Laning Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.. Widening/Improvement to 4 (Four) Lane with Paved Shoulder from KM 131+500 to Km 146+250 (Design Chainage 131+152 to 145+712) of Manja – Dillai Section (Package-7) of NH 29 in the state of Assam on EPC mode
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Contract Agreement
Suspension of unsafe Construction Works. (i) 13.7.1 Upon recommendation of the Authority’s Engineer Engineer-in-charge to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such Such work threatens the safety of the Users and pedestrians.
(ii) 13.7.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor may by notice require the Authority’s Engineer Engineer-in-charge to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer-in-charge, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.Clause
(iii) 13.7.3 Subject to the provisions of Clause 21.628.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), ) shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.7.4 If suspension of Construction Works is for reasons not attributable to the Contractor, the Authority’s Engineer Engineer-in-charge shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Engineer-in-charge.
Appears in 1 contract
Samples: Contract Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Engineer Independent Consultant to this effect, the Authority MSRDC may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Works Construction works if, in the reasonable opinion of the Authority’s Engineer, MSRDC such work threatens the safety of the existing Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i), 13.5.1 suspend the Works construction works or any part thereof for such time and in such manner as may be specified by the Authority MSRDC and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Engineer Independent Consultant to inspect such remedial measures forthwith and make a report to the Authority MSRDC recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s EngineerIndependent Consultant, the Authority MSRDC shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityMSRDC, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Works Construction works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityMSRDC, the Preservation Costs shall be borne by MSRDC. MSRDC at its sole discretion may extend the Authorityconcession period proportionately against such cost.
(iv) 13.5.4 If the suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Independent Consultant shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify MSRDC accordingly whereupon MSRDC shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Consultant. In the event that the Scheduled Date is extended pursuant hereto, the Concession period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Project Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.. floating material for providing floating Terminal facilities at various locations on NW – 2 (Brahmaputra River) on EPC mode Sept, 2021
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Construction Contract
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority MPRDC may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s EngineerMPRDC, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority MPRDC and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority MPRDC recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority MPRDC shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityMPRDC, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityMPRDC, the Preservation Costs shall be borne by the AuthorityMPRDC.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify MPRDC accordingly whereupon MPRDC shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Intermediate- laning/Two-Laning Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Intermediate-laning/Two-Laning Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) DRAFT
13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. Provided, however, that in case of an Emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users Users, other persons and pedestriansvehicles on or about the Project including pedestrians at its own cost and expense. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.631.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Concession Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
ARTICLE 12 COMPLETION CERTIFICATE
Appears in 1 contract
Samples: Construction Contract
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works Improvement and widening to two lane with paved shoulder of road from Km 63.700 to Km 75.700 (Total length: 12.000 km) i.e. Bamanchara - Srirampur section of NH-208 (Package-IV) in the state of Tripura on EPC basis or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Contract Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the AuthorityEmployer’s Engineer to this effect, the Authority Employer may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the AuthorityEmployer’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority Employer and thereupon carry out remedial measures to secure the safety of suspended worksWorks, the Users and pedestrians. The Contractor may by notice require the AuthorityEmployer’s Engineer to inspect such remedial measures forthwith and make a report to the Authority Employer recommending whether or not the suspension Suspension hereunder may be revoked. Upon receiving the recommendations of the AuthorityEmployer’s Engineer, the Authority Employer shall either revoke such suspension Suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityEmployer, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension Suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (Suspension ( the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension Suspension has occurred as a result of any breach of this Agreement by the AuthorityEmployer, the Preservation Costs shall be borne by the AuthorityEmployer.
(iv) 11.17.4 If suspension Suspension of Works is for reasons not attributable to the Contractor, the AuthorityEmployer’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.. The Contractor shall take up the Aerial photography based on the details provided in Schedule T.
Appears in 1 contract
Samples: Epc Contract
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Authority‟s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Authority‟s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Authority‟s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Authority‟s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Authority‟s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
ARTICLE 12 COMPLETION CERTIFICATE
Appears in 1 contract
Samples: Construction Contract
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i11.17.(i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Suspension of unsafe Construction Works. (i) 13.3.1 Upon recommendation of the Authority’s Engineer to Independent Expert on any error or defect of a technical nature in the designs and Drawing without rectification of which the Project cannot be carried out as per this effectAgreement, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of any equipment, maintenance or any individual on or about the Users and pedestriansProject. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
(ii) 13.3.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.3.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon there upon carry out remedial measures to secure the safety of suspended works, works and or any individual on or about the Users and pedestriansProject. The Contractor Concessionaire may by notice require the Authority’s Engineer Independent Expert to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. All costs and expenses arising out of or relating to tests and inspections conducted by the Independent Expert to inspect such remedial measures shall be borne by the Concessionaire. Upon receiving the recommendations of the Authority’s EngineerIndependent Expert, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.3 shall be repeated until the suspension hereunder is revoked.
(iii) 13.3.3 Subject to the provisions of Clause 21.633.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), ) shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.3.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer Independent Expert shall determine any Time Extension extension of the dates beyond the Scheduled Completion Date to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend the Scheduled Completion Date in accordance with the recommendations of the Independent Expert. In all other cases, there shall not be any extension in the Scheduled Completion Date on account of any suspension in the Construction Works.
13.3.5 In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date subject to a maximum of 15 (fifteen) years.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 11.17.1 Upon recommendation of the Authority’s Employer‟s Engineer to this effect, the Authority Employer may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Employer‟s Engineer, such work threatens is unsafe and detrimental to the safety of the Users and pedestriansproject.
(ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority Employer and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestriansthe workers. The Contractor may by notice require the Authority’s Employer‟s Engineer to inspect such remedial measures forthwith and make a report to the Authority Employer recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Employer‟s Engineer, the Authority Employer shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityEmployer, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) 11.17.3 Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityEmployer, the Preservation Costs shall be borne by the AuthorityEmployer.
(iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Employer‟s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Epc Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority MOR may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s EngineerMOR, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority MOR and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority MOR recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority MOR shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityMOR, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.631.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided P‡reservation Costs · V K D O O E H that if the ifE theR U Q H suspension has occurred as a result of any breach of this Agreement by the AuthorityMOR, the Preservation Costs shall be borne by the AuthorityMOR.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify MOR accordingly whereupon MOR shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 1 contract
Samples: Construction Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority Government may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s EngineerGovernment, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority Government and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority Government recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority Government shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityGovernment, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityGovernment, the Preservation Costs shall be borne by the AuthorityGovernment.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Government accordingly whereupon the Government shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Four-Laning Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Four-Laning Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority MOPIT may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s EngineerMOPIT, such work threatens the safety of the Users and pedestrianspublic.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority MOPIT and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority MOPIT recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority MOPIT shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityMOPIT, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.634.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityMOPIT, the Preservation Costs shall be borne by the AuthorityMOPIT.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the MOPIT accordingly whereupon the MOPIT shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Construction Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Construction Completion Date.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 12.9.1 Upon recommendation of the Authority’s Engineer to this effect, the Authority Government may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, if in the reasonable opinion of the Authority’s Engineer, Government such work threatens the safety of the Users and pedestrians.
(ii) 12.9.2 The Contractor Concessionaire shall, pursuant to t o the notice under Clause 11.17 (i)12. 9.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority Government and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority Government recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority Government shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the AuthorityGovernment, and the procedure set forth in this Clause 11.17 12.9 shall be repeated until the suspension hereunder is revoked.
(iii) 12.9.3 Subject to the provisions of Clause 21.626.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the AuthorityGovernment, the Preservation Costs shall be borne by the AuthorityGovernment.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), ) ,suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be maybe revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Contract Agreement
Suspension of unsafe Construction Works.
(i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens Pancharatna) – Agia (Near Nichinta) Section (Package-6) of Bilasipura- Guwahati road (NH 17) in the state of Assam on EPC mode the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Contract Agreement
Suspension of unsafe Construction Works. (i) 13.5.1 Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such Such work threatens the safety of the Users and pedestrians. Provided, however, that in case of an emergency, the Authority may suo-moto issue the notice referred to hereinabove.
(ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked.
(iii) 13.5.3 Subject to the provisions of Clause 21.628.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “"Preservation Costs”), ") shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) 13.5.4 If suspension of Construction Works is for reasons not attributable to the ContractorConcessionaire, the Authority’s Independent Engineer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the Independent Engineer.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) 13.5.1. Upon recommendation of the Authority’s Independent Engineer to this effect, the Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) 13.5.2. The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)Xxxxxx.5.1, suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users works and pedestrianstheUsers. The Contractor Concessionaire may by notice require the Authority’s Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Independent Engineer, the Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated berepeated until the suspension hereunder is revoked.
(iii) 13.5.3. Subject to the provisions of Clause 21.630.7, all reasonable costs incurred for maintaining and protecting the Construction Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Concession Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians.
(ii) The Contractor shall, pursuant to the notice under Clause 11.17 (ipursuanttothenoticeunderClause11.17(i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be maybe revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.
(iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority.
(iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Appears in 1 contract
Samples: Contract Agreement