Suspension of unsafe Construction Works. 13.5.1 Upon recommendation of the Independent Engineer to this effect, the Authority may by notice require the Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority, 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. 13.5.2 The Concessionaire shall, pursuant to the notice under Clause 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 and the Users. The Concessionaire may by notice require the 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 Independent Engineer, the Authority shall either revoke such suspension or instruct the 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 13.5 shall be repeated until the suspension hereunder is revoked.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. 13.5.1
14.19.1 Upon recommendation of the Independent Engineer to this effectduring inspection or carrying out of the Tests, the Authority FBR may by notice require asks the Concessionaire to suspend forthwith the whole or any part of the Construction construction Works if, in the reasonable opinion of the AuthorityFBR, such work threatens the safety of the Users users, vehicular traffic and pedestrians. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
13.5.2 The Concessionaire shall, pursuant 14.19.2 Pursuant to the notice under Clause 13.5.1Section 14.19.1, the Concessionaire shall suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority FBR and thereupon carry out remedial measures to secure the safety of suspended works and the Usersworks. The Concessionaire Concessionaire, may by notice require notice, requires the Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority FBR recommending whether or not the suspension hereunder may be revoked revoked. Upon receiving the recommendations of the Independent Engineer, the Authority FBR shall either revoke such suspension or instruct the Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of FBR.
14.19.3 The acceptance by FBR of particular Works shall not absolve Concessionaire from its duties and obligations under this Agreement and, in particular, from complying with the Authority, Detailed Design and the procedure set forth in this Clause 13.5 shall be repeated until the suspension hereunder is revokedConstruction Performance Standards.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. 13.5.1 (a) Upon recommendation of the Independent Engineer to this effect, the Authority may may, by notice notice, require the Concessionaire to suspend forthwith the whole or any part of the Construction Works construction work if, in the reasonable opinion of the Authority, such work threatens the is unsafe and a potential safety of the Users and pedestrians. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabovehazard.
13.5.2 (b) The Concessionaire shall, pursuant to the a notice under this Clause 13.5.115.4, suspend all or part of the Construction Works or any part thereof construction works for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures measure to secure the safety of the suspended works and the Usersworks. The Concessionaire may by notice notice, require the Independent Engineer to inspect such remedial measures forthwith adopted and make submit a report to the Authority recommending whether or not the such suspension hereunder may be revoked revoked. Upon receiving the recommendations of the Independent Engineer, the Authority shall either revoke such suspension or instruct the Concessionaire to carry out such other and further remedial measures as may be necessary that are necessary, in the reasonable opinion of the Authority, and the procedure set forth in this Clause 13.5 15.4 shall be repeated until the suspension hereunder is revoked.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Suspension of unsafe Construction Works. 13.5.1 13.14.1 Upon recommendation of the Independent Engineer to this effect, the Authority may by notice require the Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority, such work threatens the safety of the Users and pedestriansor the localities adjacent to the Service Area. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
13.5.2 13.14.2 The Concessionaire shall, pursuant to the notice under Clause 13.5.1Article 13.14.1, 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 and the Usersworks. The Concessionaire may by notice require the 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 revoked. Upon receiving the recommendations of the Independent Engineer, the Authority shall either revoke such suspension or instruct the 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 13.5 shall be repeated until the suspension hereunder is revoked.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. 13.5.1 Upon recommendation of the Independent Engineer to this effect, the Authority may by notice require the Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority, such work threatens the safety of the Users and pedestriansor any other person on or about the Heliport. Provided, however, that in case of an emergency, the Authority may suo Suo moto issue the notice referred to hereinabove.
13.5.2 The Concessionaire shall, pursuant to the notice under Clause 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 and the Users. The Concessionaire may by notice require the 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 revoked. Upon receiving the recommendations of the Independent Engineer, the Authority shall either revoke such suspension or instruct the 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 13.5 shall be repeated until the suspension hereunder is revoked.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. 13.5.1 Upon recommendation of the Independent Engineer to this effect, the Authority may may, by notice notice, require the Concessionaire to suspend forthwith the whole or any part of the Construction Works Work if, in the reasonable opinion of the Authority, such work threatens the is unsafe and potential safety of the Users and pedestrians. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabovehazard.
13.5.2 The Concessionaire shall, pursuant to the notice under Clause 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 measure to secure the safety of suspended works and the Usersworks. The Concessionaire may by notice require the Independent Engineer to inspect such remedial measures measure forthwith and make a report to the Authority recommending whether or not the such suspension hereunder may be revoked revoked. Upon receiving the recommendations of the Independent Engineer, the Authority shall either revoke such suspension or instruct the 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 setforth in this Clause 13.5 13.5.1 shall be repeated until the suspension hereunder is revoked.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. 13.5.1 13.14.1 Upon recommendation of the Independent Engineer to this effect, the Authority may by notice require the Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority, such work threatens the safety of the Users and pedestriansor the localities adjacent to the Service Area. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
13.5.2 13.14.2 The Concessionaire shall, pursuant to the notice under Clause 13.5.1Article 13.14.1, 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 and the Usersworks. The Concessionaire may by notice require the 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 revoked. Upon receiving the recommendations of the Independent Engineer, the Authority shall either revoke such suspension or instruct the 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 13.5 shall be repeated until the suspension hereunder is revoked.. XXXXXXX00
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. 13.5.1 a. Upon recommendation of the Independent Engineer to this effect, the Authority may by notice require the Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority, 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.
13.5.2 b. The Concessionaire shall, pursuant to the notice under Clause 13.5.113.4.(a), 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 and the Usersworks. The Concessionaire may by notice require the 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 revoked. Upon receiving the recommendations of the Independent Engineer, the Authority shall either revoke such suspension or instruct the 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 13.5 13.4 shall be repeated until the suspension hereunder is revoked.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. 13.5.1 Upon recommendation of the Independent Engineer Expert to this effect, the Authority may by notice require the Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority, such work threatens the safety of the Users and pedestriansany person or property. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
13.5.2 The Concessionaire shall, pursuant to the notice under Clause 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 and the Usersaffected persons or properties. The Concessionaire may by notice require the Independent Engineer Expert to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked revoked. Upon receiving the recommendations of the Independent EngineerExpert, the Authority shall either revoke such suspension or instruct the 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 13.5 shall be repeated until the suspension hereunder is revoked.
13.5.3 Subject to the provisions of Clause 35.7, 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 Concessionaire; 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.
Appears in 1 contract
Samples: Concession Agreement
Suspension of unsafe Construction Works. 13.5.1 14.19.1 Upon recommendation of the Independent Engineer to this effectduring inspection or carrying out of the Tests, the Authority FBR may by notice require asks the Concessionaire to suspend forthwith the whole or any part of the Construction construction Works if, in the reasonable opinion of the AuthorityFBR, such work threatens the safety of the Users users, vehicular traffic and pedestrians. Provided, however, that in case of an emergency, the Authority may suo moto issue the notice referred to hereinabove.
13.5.2 The Concessionaire shall, pursuant 14.19.2 Pursuant to the notice under Clause 13.5.1Section 14.19.1, the Concessionaire shall suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Authority FBR and thereupon carry out remedial measures to secure the safety of suspended works and the Usersworks. The Concessionaire Concessionaire, may by notice require notice, requires the Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority FBR recommending whether or not the suspension hereunder may be revoked revoked. Upon receiving the recommendations of the Independent Engineer, the Authority FBR shall either revoke such suspension or instruct the Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of FBR.
14.19.3 The acceptance by FBR of particular Works shall not absolve Concessionaire from its duties and obligations under this Agreement and, in particular, from complying with the Authority, Detailed Design and the procedure set forth in this Clause 13.5 shall be repeated until the suspension hereunder is revokedConstruction Performance Standards.
Appears in 1 contract
Samples: Concession Agreement