Trial Operations. (a) Subject to Clause 7.14(c) below, within 1 day of the issuance or deemed issuance of the Construction Completion Certificate for the relevant Facility to the Concessionaire, the Concessionaire shall commence the Trial Operations of the relevant Facility in accordance with the Trial Operation Procedures to determine whether the Facility meets the KPIs on a continuous basis and is fit and ready to be placed into commercial operations for treatment and disposal of Sewage in accordance with this Agreement. (b) The Executive Agency shall ensure that adequate quantity of Sewage is delivered to the Facilities during the Trial Operations to enable the Concessionaire to demonstrate that the Facility meets the Technical Specifications and the KPIs. (c) If the Concessionaire fails to commence or continue the Trial Operations, due to the inadequate quantity or inferior quality of the Sewage delivered to the relevant Facility, then the Concessionaire shall promptly notify the Executive Agency. If in the opinion of the Executive Agency, the quantity or quality of Sewage is not adequate to undertake Trial Operations, then the Executive Agency shall extend the time period for the Trial Operations. In such case, the Scheduled COD will also be extended on a day-for-day basis, provided that the Scheduled COD shall not be extended beyond the date which is 6 months from the Construction Completion Date. (d) During the Trial Operations, the Executive Agency shall or shall cause the Project Engineer to monitor the performance of the Facility on a regular basis and shall have the right to test the compliance of the incoming Sewage with the Influent Standards and test the compliance of the STP By-Products and the Treated Effluent with the Discharge Standards every 7days to ensure that the Facility meets the KPIs. (e) If the Executive Agency, or, as the case may be, the Project Engineer is of the view that: (i) the Trial Operations are not being conducted in accordance with the Trial Operations Procedure; or (ii) there are any defects or deficiencies in the Facility, the Executive Agency shall instruct the Concessionaire to follow the Trial Operation Procedures and/or rectify the defects and deficiencies to ensure compliance with the KPIs. It is clarified that no Availability Liquidated Damages or Performance Liquidated Damages are payable by the Concessionaire during the Trial Operations period for a failure to achieve the KPIs. However, for the Trial Operations to be successfully concluded, the Concessionaire must demonstrate that the relevant Facility consistently and continuously meets the KPIs during the last 20 days of the 3 months Trial Operations period, as may be extended in accordance with Clause 7.14(c) above. If the relevant Facility fails to achieve the KPIs on a continuous basis during the last 20 days of the initial 3 months Trial Operations period (as extended in accordance with Clause 7.14(c)), then the Trial Operations period shall be extended by another 20 days. Subject to Clause 7.14(i), the Trial Operations shall continue until the Concessionaire can demonstrate that the relevant Facility consistently achieves the KPIs for 20 consecutive days. (f) If the Concessionaire has been able to consistently achieve the KPIs for 20 consecutive days (as supported by daily reports), the Concessionaire shall issue a notice to the Executive Agency requiring the Executive Agency to undertake a final inspection of the Facility. The Executive Agency shall have the right to undertake such final inspection within 5 days of a notice being issued by the Concessionaire. (g) If, upon final inspection, the Executive Agency is satisfied that the Facility meets the KPIs and the Technical Specifications, and are capable of safe and reliable operations, then, the Executive Agency shall issue the Trial Operations Completion Certificate for the relevant Facility to the Concessionaire within 7 days of the Executive Agency undertaking a final inspection of the Facility pursuant to Clause 7.14(e) above. (h) If, upon final inspection, the Executive Agency believes that the relevant Facility does not comply with the KPIs and/or Technical Specifications, other than due to: (i) volume of Sewage being inadequate to conduct the Trial Operations; or
Appears in 1 contract
Samples: Concession Agreement
Trial Operations. (a) Subject to Clause 7.14(c) below, within 1 day of the issuance or deemed issuance of the Mirzapur Construction Completion Certificate for the relevant Facility to the ConcessionaireCertificate, the Concessionaire shall commence the Trial Operations of the relevant Facility Mirzapur Facilities, in accordance with the Trial Operation Procedures to determine whether the Facility meets Mirzapur Facilities meet the KPIs KPIs, on a continuous basis and is are fit and ready to be placed into commercial operations for treatment and disposal of Sewage in accordance with this Agreement.
(b) The Executive Agency Jal Xxxxx shall ensure that adequate quantity of Sewage is delivered to the Mirzapur Facilities during the Trial Operations to enable the Concessionaire to demonstrate that the Facility meets Mirzapur Facilities, meet the Technical Specifications and the KPIs.
(c) If the Concessionaire fails to commence or continue the Trial Operations, due to the inadequate quantity or inferior quality of the Sewage delivered to the relevant FacilityMirzapur Facilities, as the case may be, then the Concessionaire shall promptly notify the Executive AgencyJal Xxxxx. If in the opinion of the Executive AgencyJal Xxxxx, the quantity or quality of Sewage is not adequate to undertake Trial OperationsOperations for the Mirzapur Facilities, then the Executive Agency Jal Xxxxx shall extend the time period for the Trial OperationsOperations of the relevant Facilities. In such case, the Scheduled Mirzapur Facilities COD will also be extended on a day-for-day basis, provided that the Scheduled Mirzapur Facilities COD shall not be extended beyond the date which is 6 months from the Mirzapur Construction Completion Date.
(d) During the Trial Operations, the Executive Agency Jal Xxxxx shall or shall cause the Project Engineer to monitor the performance of the Facility Mirzapur Facilities, on a regular basis and shall have the right to test the compliance of the incoming Sewage with the Influent Standards and test the compliance of the STP By-Products and Products, the Treated Effluent Effluent, with the Discharge Standards Standards, every 7days 7 days to ensure that the Facility meets Mirzapur Facilities meet the KPIsTechnical Specifications.
(e) If the Executive AgencyJal Xxxxx, or, as the case may be, the Project Engineer is of the view that: (i) the Trial Operations are not being conducted in accordance with the Trial Operations Procedure; or (ii) there are any defects or deficiencies in the FacilityMirzapur Facilities, as the case may be, the Executive Agency Jal Xxxxx shall instruct the Concessionaire to follow the Trial Operation Procedures and/or rectify the defects and deficiencies to ensure compliance with the KPIs, where applicable. It is clarified that no Availability Liquidated Damages or Performance Liquidated Damages in respect of the Mirzapur Facilities are payable by the Concessionaire during the Trial Operations period for a failure to achieve the KPIs. However, for the Trial Operations to be successfully concluded, the Concessionaire must demonstrate that the relevant Facility Mirzapur Facilities, consistently and continuously meets meet the KPIs KPIs, during the last 20 days of the 3 months Trial Operations period, as may be extended in accordance with Clause 7.14(c) above. If the relevant Facility fails Mirzapur Facilities fail to achieve the KPIs on a continuous basis during the last 20 days of the initial 3 months Trial Operations period (as extended in accordance with Clause 7.14(c)), then the Trial Operations period shall be extended by another 20 days. Subject to Clause 7.14(i), the Trial Operations shall continue until the Concessionaire can demonstrate that the relevant Facility Mirzapur Facilities, consistently achieves achieve the KPIs KPIs, for 20 consecutive days.
(f) If the Concessionaire has been able to consistently achieve the KPIs for 20 consecutive days (as supported by daily reports), ) the Concessionaire shall issue a notice to the Executive Agency Jal Xxxxx requiring the Executive Agency Jal Xxxxx to undertake a final inspection of the FacilityMirzapur Facilities. The Executive Agency Jal Xxxxx shall have the right to undertake such final inspection within 5 days Business Days of a notice being issued by the Concessionaire.
(g) If, upon final inspection, the Executive Agency Jal Xxxxx is satisfied that the Facility meets Mirzapur Facilities, as the KPIs and case may be, meet the Technical Specifications, and are capable of safe and reliable operations, then, the Executive Agency Jal Xxxxx shall issue the Trial Operations Completion Certificate for the relevant Facility to the Concessionaire within 7 days Business Days of the Executive Agency Jal Xxxxx undertaking a final inspection of the Facility Mirzapur Facilities, as the case may be, pursuant to Clause 7.14(e) above.
(h) If, upon final inspection, the Executive Agency Jal Xxxxx believes that the relevant Facility does Mirzapur Facilities do not comply with the KPIs Technical Specifications and/or Technical Specificationsthe KPIs, other than due to: (i) volume of Sewage being inadequate to conduct the Trial Operations; oror (ii) the quality or characteristics of the Sewage being beyond the Influent Standards, then the Jal Xxxxx shall reject the Mirzapur Facilities and terminate this Agreement. Upon termination of this Agreement, in accordance with this Clause 7.14(h), the consequences set out in Article 16 shall follow.
(i) If the Jal Xxxxx: (i) does not undertake a final inspection of the Mirzapur Facilities within 5 Business Days of receipt of a notice from the Concessionaire under Clause 7.14(e); or (ii) fails to notify the Concessionaire of any defects in the Mirzapur Facilities within 7 Business Days of undertaking a final inspection; or (iii) fails to issue a Trial Operations Completion Certificate within 7 Business Days from the date of the final inspection, then the Trial Operations shall be deemed to have been successfully completed and the Trial Operations Completion Certificate for the relevant Facility will be deemed to have been issued to the Concessionaire upon the expiry of the 5 Business Days period (in case of (i)) and upon the expiry of the 7 Business Day period (in case of (ii) and (iii)).
(j) If the Trial Operations of the Mirzapur Facilities, are not successfully completed and/or the Concessionaire fails to issue a notice to the Jal Xxxxx under Clause 7.14(e) above on or prior to the Scheduled Mirzapur Facilities COD, respectively, as may be extended in accordance with Clause 7.14(c), then such failure shall be treated as a Concessionaire Event of Default and the consequences set out at Article 16 shall follow.
(k) Notwithstanding anything contained in Clause 7.14(j), if the Concessionaire fails to successfully complete the Trial Operations of the Mirzapur Facilities on or prior to the Scheduled Mirzapur Facilities COD, as may be extended in accordance with Clause 7.14(c), due to the: (i) volume of Sewage being inadequate to conduct the Trial Operations; or (ii) quality or characteristics of the Sewage being beyond the Influent Standards, then such failure will be treated as a Jal Xxxxx Event of Default, and the consequences set out at Article 16 shall follow.
(l) The Concessionaire will not be entitled to any O&M Payments or any other payment for the Mirzapur Facilities, for conducting the Trial Operations, which shall be carried out solely at the cost and risk of the Concessionaire.
Appears in 1 contract
Samples: Concession Agreement
Trial Operations. (a) Subject to Clause 7.14(c) below, within 1 day of the issuance or deemed issuance of the STP Construction Completion Certificate for the relevant STP Facility to the Concessionaire, the Concessionaire shall commence the Trial Operations of the relevant STP Facility in accordance with the Trial Operation Procedures to determine whether the STP Facility meets the KPIs on a continuous basis and is fit and ready to be placed into commercial operations for treatment and disposal of Sewage in accordance with this Concession Agreement.
(b) The Executive Agency BUIDCO and Concessionaire shall ensure that adequate quantity of Sewage is delivered to the STP Facilities during the Trial Operations to enable the Concessionaire to demonstrate that the Facility meets the Technical Specifications and the KPIs.
(c) If the Concessionaire fails to commence or continue the Trial Operations, due to the inadequate quantity or inferior quality of the Sewage delivered to the relevant STP Facility, and the reason for inadequate quantity or quality is not attributable to the Concessionaire, then the Concessionaire shall promptly notify the Executive AgencyBUIDCO. If in the opinion of the Executive AgencyBUIDCO, the quantity or quality of Sewage is not adequate to undertake Trial OperationsOperations for reasons not attributable to the Concessionaire, then the Executive Agency BUIDCO shall extend the time period for the Trial Operations. In such case, the Scheduled COD Trial Operations period will also be extended on a day-for-day basis, provided that uptill the relevant Scheduled COD shall not be extended beyond the date which is 6 months from the Construction Completion DateCOD.
(d) During the Trial Operations, the Executive Agency shall BUIDCO shall, or shall cause the Project Engineer to to, monitor the performance of the STP Facility on a regular basis and shall have the right to test the compliance of the incoming Sewage with the Influent Standards and test the compliance of the STP By-Products and the Treated Effluent with the Discharge Standards every 7days 7 days to ensure that the STP Facility meets the KPIs.
(e) . If the Executive AgencyBUIDCO, or, as the case may be, the Project Engineer is of the view that: (i) the Trial Operations are not being conducted in accordance with the Trial Operations Procedure; or (ii) there are any defects or deficiencies in the STP Facility, the Executive Agency BUIDCO shall instruct the Concessionaire to follow the Trial Operation Procedures and/or rectify the defects and deficiencies to ensure compliance with the KPIs. It is clarified that no Availability Liquidated Damages or Performance Liquidated Damages are payable by the Concessionaire during the Trial Operations period for a failure to achieve the KPIs. However, for the Trial Operations to be successfully concluded, the Concessionaire must demonstrate that the relevant STP Facility consistently and continuously meets the KPIs during the last 20 days of the 3 months Trial Operations period, as may be extended in accordance with Clause 7.14(c) above. If the relevant STP Facility fails to achieve the KPIs on a continuous basis during the last 20 days of the initial 3 months Trial Operations period (as extended in accordance with Clause 7.14(c)), then the Trial Operations period shall be extended by another 20 days. Subject to Clause 7.14(i), the Trial Operations shall continue until the Concessionaire can demonstrate that the relevant STP Facility consistently achieves the KPIs for 20 consecutive days.
(fe) If the Concessionaire has been able to consistently achieve the KPIs for 20 consecutive days (as supported by daily reports), the Concessionaire shall issue a notice to the Executive Agency BUIDCO requiring the Executive Agency BUIDCO to undertake a final inspection of the STP Facility. The Executive Agency BUIDCO shall have the right to undertake such final inspection within 5 days of a notice being issued by the Concessionaire.
(gf) If, upon final inspection, the Executive Agency BUIDCO is satisfied that the STP Facility meets the KPIs and the Technical Specifications, and are capable of safe and reliable operations, then, the Executive Agency BUIDCO shall issue the Trial Operations Completion Certificate for the relevant STP Facility to the Concessionaire within 7 days of the Executive Agency BUIDCO undertaking a final inspection of the STP Facility pursuant to Clause 7.14(e) above.
(hg) If, upon final inspection, the Executive Agency BUIDCO believes that the relevant STP Facility does not comply with the KPIs and/or Technical Specifications, other than due to: (i) volume of Sewage being inadequate to conduct the Trial Operations; oror (ii) the quality or characteristics of the Sewage being beyond the Influent Standards; due to reasons attributable to the Concessionaire then BUIDCO shall reject the STP Facility and terminate this Concession Agreement. Upon termination of this Concession Agreement, in accordance with this Clause 7.14(g), the consequences set out in Article 16 shall follow.
(h) If BUIDCO: (i) does not undertake a final inspection of the relevant STP Facility within 5 days of receipt of a notice from the Concessionaire under Clause 7.14(e); or (ii) fails to notify the Concessionaire of any defects in the relevant STP Facility within 7 days of undertaking a final inspection; or (iii) fails to issue a Trial Operations Completion Certificate within 7 days from the date of the final inspection, then the Trial Operations shall be deemed to have been successfully completed for such STP Facility and the Trial Operations Completion Certificate will be deemed to have been issued to the Concessionaire upon the expiry of the 5 days period (in case of (i)) and upon the expiry of the 7 day period (in case of (ii) and (iii)).
(i) If the Trial Operations are not successfully completed and/or the Concessionaire fails to issue a notice to BUIDCO under Clause 7.14(e) above on or prior to the Scheduled COD, as may be extended in accordance with Clause 7.14(c), for any Facility, then such failure shall be treated as a Concessionaire Event of Default and the consequences set out at Article 16 shall follow.
(j) Notwithstanding anything contained in Clause 7.14(h), if the Concessionaire fails to successfully complete the Trial Operations for the relevant STP Facility within the Trial Operations period as may have been extended in accordance with Clause 7.14(c), due to the: (i) volume of Sewage being inadequate to conduct the Trial Operations; or (ii) quality or characteristics of the Sewage being beyond the Influent Standards, for any STP Facility, then such failure will be treated as a BUIDCO Event of Default, and the consequences set out at Article 16 shall follow.
(k) The Concessionaire will not be entitled to any O&M Payments or any other payment for conducting the Trial Operations, which shall be carried out solely at the cost and risk of the Concessionaire.
Appears in 1 contract
Samples: Concession Agreement
Trial Operations. (a) Subject to Clause 7.14(c) below, within 1 day of the issuance or deemed issuance of the Construction Completion Certificate for the relevant Facility to the Concessionaire, the Concessionaire shall commence the Trial Operations of the relevant Facility in accordance with the Trial Operation Procedures to determine whether the Facility meets the KPIs on a continuous basis and is fit and ready to be placed into commercial operations for treatment and disposal of Sewage in accordance with this Agreement.
(b) The Executive Agency Jal Xxxxx shall ensure that adequate quantity of Sewage is delivered to the Facilities during the Trial Operations to enable the Concessionaire to demonstrate that the Facility meets the Technical Specifications and the KPIs.
(c) If the Concessionaire fails to commence or continue the Trial Operations, due to the inadequate quantity or inferior quality of the Sewage delivered to the relevant Facility, then the Concessionaire shall promptly notify the Executive AgencyJal Xxxxx. If in the opinion of the Executive AgencyJal Xxxxx, the quantity or quality of Sewage is not adequate to undertake Trial Operations, then the Executive Agency Jal Xxxxx shall extend the time period for the Trial Operations. In such case, the Scheduled COD will also be extended on a day-day- for-day basis, provided that the Scheduled COD shall not be extended beyond the date which is 6 months from the Construction Completion Date.
(d) During the Trial Operations, the Executive Agency Jal Xxxxx shall or shall cause the Project Engineer to monitor the performance of the Facility on a regular basis and shall have the right to test the compliance of the incoming Sewage with the Influent Standards and test the compliance of the STP By-Products and the Treated Effluent with the Discharge Standards every 7days 7 days to ensure that the Facility meets the KPIs.
(e) . If the Executive AgencyJal Xxxxx, or, as the case may be, the Project Engineer is of the view that: (i) the Trial Operations are not being conducted in accordance with the Trial Operations Procedure; or (ii) there are any defects or deficiencies in the Facility, the Executive Agency Jal Xxxxx shall instruct the Concessionaire to follow the Trial Operation Procedures and/or rectify the defects and deficiencies to ensure compliance with the KPIs. It is clarified that no Availability Liquidated Damages or Performance Liquidated Damages are payable by the Concessionaire during the Trial Operations period for a failure to achieve the KPIs. However, for the Trial Operations to be successfully concluded, the Concessionaire must demonstrate that the relevant Facility consistently and continuously meets the KPIs during the last 20 days of the 3 months Trial Operations period, as may be extended in accordance with Clause 7.14(c) above. If the relevant Facility fails to achieve the KPIs on a continuous basis during the last 20 days of the initial 3 months Trial Operations period (as extended in accordance with Clause 7.14(c)), then the Trial Operations period shall be extended by another 20 days. Subject to Clause 7.14(i), the Trial Operations shall continue until the Concessionaire can demonstrate that the relevant Facility consistently achieves the KPIs for 20 consecutive days.
(fe) If the Concessionaire has been able to consistently achieve the KPIs for 20 consecutive days (as supported by daily reports), the Concessionaire shall issue a notice to the Executive Agency Jal Xxxxx requiring the Executive Agency Jal Xxxxx to undertake a final inspection of the Facility. The Executive Agency Jal Xxxxx shall have the right to undertake such final inspection within 5 days of a notice being issued by the Concessionaire.
(gf) If, upon final inspection, the Executive Agency Jal Xxxxx is satisfied that the Facility meets the KPIs and the Technical Specifications, and are capable of safe and reliable operations, then, the Executive Agency Jal Xxxxx shall issue the Trial Operations Completion Certificate for the relevant Facility to the Concessionaire within 7 days of the Executive Agency Jal Xxxxx undertaking a final inspection of the Facility pursuant to Clause 7.14(e) above.
(hg) If, upon final inspection, the Executive Agency Jal Xxxxx believes that the relevant Facility does not comply with the KPIs and/or Technical Specifications, other than due to: (i) volume of Sewage being inadequate to conduct the Trial Operations; oror (ii) the quality or characteristics of the Sewage being beyond the Influent Standards, then the Jal Xxxxx shall reject the Facility and terminate this Agreement. Upon termination of this Agreement, in accordance with this Clause 7.14(g), the consequences set out in Article 17 shall follow.
(h) If the Jal Xxxxx: (i) does not undertake a final inspection of the relevant Facility within 5 days of receipt of a notice from the Concessionaire under Clause 7.14(e); or (ii) fails to notify the Concessionaire of any defects in the relevant Facility within 7 days of undertaking a final inspection; or (iii) fails to issue a Trial Operations Completion Certificate within 7 days from the date of the final inspection, then the Trial Operations shall be deemed to have been successfully completed for such Facility and the Trial Operations Completion Certificate will be deemed to have been issued to the Concessionaire upon the expiry of the 5 days period (in case of (i)) and upon the expiry of the 7 day period (in case of (ii) and (iii)).
(i) If the Trial Operations are not successfully completed and/or the Concessionaire fails to issue a notice to the Jal Xxxxx under Clause 7.14(e) above on or prior to the Scheduled COD, as may be extended in accordance with Clause 7.14(c), for any Facility, then such failure shall be treated as a Concessionaire Event of Default and the consequences set out at Article 17 shall follow.
(j) Notwithstanding anything contained in Clause 7.14(h), if the Concessionaire fails to successfully complete the Trial Operations for the relevant Facility on or prior to the Scheduled COD, as may be extended in accordance with Clause 7.14(c), due to the: (i) volume of Sewage being inadequate to conduct the Trial Operations; or (ii) quality or characteristics of the Sewage being beyond the Influent Standards, for any Facility, then such failure will be treated as a Jal Xxxxx Event of Default, and the consequences set out at Article 17 shall follow.
(k) The Concessionaire will not be entitled to any O&M Payments or any other payment for conducting the Trial Operations, which shall be carried out solely at the cost and risk of the Concessionaire.
Appears in 1 contract
Samples: Concession Agreement
Trial Operations. (a) Subject to Clause 7.14(c) below, within Within 1 day of the issuance or deemed issuance of the Construction Completion Certificate for the relevant Facility to the Concessionaire, the Concessionaire shall commence the Trial Operations of the relevant Facility Facilities and the Associated Infrastructure in accordance with the Trial Operation Procedures to determine whether the Facility meets Facilities and the Associated Infrastructure meet the KPIs on a continuous basis and is are fit and ready to be placed into commercial operations for treatment and disposal of Sewage in accordance with this Agreement.
(b) . The Executive Agency Jal Xxxxx shall ensure that adequate quantity of Sewage is delivered to the Facilities and the Associated Infrastructure during the Trial Operations to enable the Concessionaire to demonstrate that the Facility meets Facilities and the Associated Infrastructure meet the Technical Specifications and the KPIs.
(c) If the Concessionaire fails to commence or continue the Trial Operations, due to the inadequate quantity or inferior quality of the Sewage delivered to the relevant Facility, then the Concessionaire shall promptly notify the Executive Agency. If in the opinion of the Executive Agency, the quantity or quality of Sewage is not adequate to undertake Trial Operations, then the Executive Agency shall extend the time period for the Trial Operations. In such case, the Scheduled COD will also be extended on a day-for-day basis, provided that the Scheduled COD shall not be extended beyond the date which is 6 months from the Construction Completion Date.
(db) During the Trial Operations, the Executive Agency Jal Xxxxx shall or shall cause the Project Engineer to Engineerto monitor the performance of the Facility Facilities and the Associated Infrastructure on a regular basis and shall have the right to test the compliance of the incoming Sewage with the Influent Standards and test the compliance of the STP By-Products and the Treated Effluent with Effluentwith the Discharge Standards every 7days 7 days to ensure that the Facility meets Facilities meet the KPIs.
(e) . If the Executive AgencyJal Xxxxx, or, as the case may be, the Project theProject Engineer is of the view that: (i) the Trial Operations are not being conducted in accordance with the Trial Operations Procedure; or (ii) there are any defects or deficiencies in the FacilityFacilities and/or the Associated Infrastructure, the Executive Agency Jal Xxxxx shall instruct the Concessionaire to follow the Trial Operation Procedures and/or rectify the defects and deficiencies to ensure compliance with the KPIs. It is clarified that no Availability Liquidated Damages .
(c) After the expiry of 3 months from the date of commencement of Trial Operations or Performance Liquidated Damages are payable after the rectification of the defects and deficiencies in the Facilities and/or the Associated Infrastructure identified by the Concessionaire Jal Xxxxx or the Project Engineer during the Trial Operations period for a failure to achieve the KPIs. HoweverOperations, for the Trial Operations to be successfully concluded, the Concessionaire must demonstrate that the relevant Facility consistently and continuously meets the KPIs during the last 20 days of the 3 months Trial Operations period, as may be extended in accordance with Clause 7.14(c) above. If the relevant Facility fails to achieve the KPIs on a continuous basis during the last 20 days of the initial 3 months Trial Operations period (as extended in accordance with Clause 7.14(c)), then the Trial Operations period shall be extended by another 20 days. Subject to Clause 7.14(i), the Trial Operations shall continue until the Concessionaire can demonstrate that the relevant Facility consistently achieves the KPIs for 20 consecutive days.
(f) If the Concessionaire has been able to consistently achieve the KPIs for 20 consecutive days (as supported by daily reports)whichever is later, the Concessionaire shall issue a notice to the Executive Agency requiring Jal Xxxxx stating that the Executive Agency Trial Operations have been successfully completed. The Jal Nigamshall have the right to undertake a final inspection of the Facility. The Executive Agency shall have Facilities and the right to undertake such final inspection Associated Infrastructure within 5 days of a notice being issued by the Concessionaire.
(gd) If, upon final inspection, If the Executive Agency Jal Xxxxx is satisfied that the Facility meets Facilities and the Associated Infrastructuremeet the KPIs and the Technical Specifications, and are capable of safe and reliable operations, ,then, the Executive Agency shall Jal Nigamshall issue the Trial Operations Completion Certificate for the relevant Facility to the Concessionaire within 7 days of the Executive Agency Jal Xxxxx undertaking a final inspection of the Facility Facilities and the Associated Infrastructure pursuant to Clause 7.14(e7.14(c) above.
(he) If, upon final inspection, If the Executive Agency believes Jal Xxxxx is of the opinion that the relevant Facility does defects and deficiencies in the Facilities and/or the Associated Infrastructure have not been adequately rectified or that the Facilities and the Associated Infrastructure do not comply with the KPIs and/or Technical Specifications, other than due to: then the Jal Xxxxx shall reject the Facilities and terminate this Agreement. Upon termination of this Agreement, in accordance with this Clause 7.14(e), the consequences set out in Article 17 shall follow.
(if) volume If the Trial Operations are not successfully completed (including the rectification of Sewage being inadequate to conduct any defects or deficiencies identified by the Jal Xxxxx during the Trial Operations; or) and/or the Concessionaire fails to issue a notice to the Jal Xxxxx in accordance with Clause 7.14(c) above on or prior to the Scheduled COD, then such failure shall be treated as a Concessionaire Event of Default and the consequences set out at Article 17 shall follow.
(g) The Concessionaire will not be entitled to any O&M Payments or any other payment for conducting the Trial Operations, which shall be carried out solely at the cost and risk of the Concessionaire.
Appears in 1 contract
Samples: Concession Agreement
