Common use of Withholding of Provisional Certificate Clause in Contracts

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 16 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 16 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.. Downloaded from

Appears in 5 contracts

Samples: Concession Agreement, Draft Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Project Site or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Concessioning Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Concessioning Authority is of the opinion that the Bus Terminal Project Site is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project Site and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 4 contracts

Samples: Draft Concession Agreement, Draft Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Project or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Project is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Completion Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 14.5.1. If the Independent Engineer Expert determines that the Bus Terminal Storage Facility or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer Expert and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Storage Facility is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Storage Facility and direct the Independent Engineer Expert to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 3 contracts

Samples: Draft Concession Agreement, Draft Concession Agreement, Draft Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Project Highway or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority MPRDC and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority MPRDC is of the opinion that the Bus Terminal Project Highway is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project Highway and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Project Highway or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operationoperations, it shall forthwith make a report in this behalf and send copies thereof to the Authority MPRDC and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority MPRDC is of the opinion that the Bus Terminal Project Highway is not fit and safe for commercial service, it shallshall , within 7 (seven7(seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project Highway and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 14.5.1. If the Independent Engineer determines that the Bus Terminal Project or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Project is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Construction Works or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority Participating ULBs and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority Lead ULB is of the opinion that the Bus Terminal Construction Works is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Construction Works and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 2 contracts

Samples: Model Concession Agreement, Model Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Project Highway or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority Government and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority Government is of the opinion that the Bus Terminal Project Highway is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project Highway and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Project or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Project is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Project Highway or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the TNRDC and Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if TNRDC or the Authority is of the opinion that the Bus Terminal Project Highway is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project Highway and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Sports Infrastructure Project or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Sports Infrastructure Project is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Sports Infrastructure Project and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified. After removal of defects and deficiencies, the Authority may direct the Independent Engineer to issue a Provisional Certificate under Article 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: Draft Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer Supervision Committee determines that the Bus Terminal Project or any part thereof does not conform to the provisions of this Agreement Agreement& Applicable Law and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer Supervision Committee and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Project or any part thereof is not fit and safe for commercial serviceoperation, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project and direct the Independent Engineer Supervision Committee to withhold issuance of the Provisional CertificateCertificate for the Project/ Phase. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Project Road or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Project Road is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project Road and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer Supervision Committee determines that the Bus Terminal Project or any part thereof does not conform to the provisions of this Agreement Agreement& Applicable Law and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer Supervision Committee and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Project or any part thereof is not fit and safe for commercial serviceoperation, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project and direct the Independent Engineer Supervision Committee to withhold issuance of the Provisional CertificateCertificate for the Project. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such 14.Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Iii Concession Agreement

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Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Project Highway or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority TNRDC and to GOTN, HD and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority TNRDC is of the opinion that the Bus Terminal Project Highway is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project Highway and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer Construction Supervisor determines that the Bus Terminal Construction Works or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority ULB and the Concessionaire. Upon receipt of such a report from the Independent Engineer Construction Supervisor and after conducting its own inspection, if the Authority ULB is of the opinion that the Bus Terminal Construction Works is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Construction Works and direct the Independent Engineer Construction Supervisor to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Draft Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Construction Works or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority Participating ULBs and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority Lead ULB is of the opinion that the Bus Terminal Construction Works is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Construction Works and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.rectified.β€Œ

Appears in 1 contract

Samples: Model Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer Monitor[s] determines that the Bus Terminal Project or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Implementing Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer Monitor[s] and after conducting its own inspection, if the Implementing Authority is of the opinion that the Bus Terminal is Project Facilities are not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project Facilities and direct the Independent Engineer Monitor[s] to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14Article. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Model Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Transmission System or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Transmission System is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Transmission System and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Transmission Agreement

Withholding of Provisional Certificate. 14.5.1 13.5.1 If the Independent Engineer Monitor determines that the Bus Terminal Project Facility(s) or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer Monitor and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal any or all Project Facility(s) is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal said Project Facility(s) and direct the Independent Engineer Monitor to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 1413. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer designated Officer determines that the Bus Terminal any Project Site or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Concessioning Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer Concessioning Authority and after conducting its own inspection, if the Concessioning Authority is of the opinion that the Bus Terminal Project Site is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project Site and direct the Independent Engineer designated Officer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Project Highway or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Project Highway is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project Highway and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines that the Bus Terminal Construction Works or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal Construction Works is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Construction Works and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

Appears in 1 contract

Samples: Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer Consultant determines that the Bus Terminal Project or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority MSRDC and the Concessionaire. Upon receipt of such a report from the Independent Engineer Consultant and after conducting its own inspection, if the Authority MSRDC is of the opinion that the Bus Terminal Project is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal Project and direct the Independent Engineer Consultant to withhold issuance of the Provisional Certificate. Upon receipt of such notice, notice the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon thereon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified. Notwithstanding anything to the contrary contained in Clause 14.5.1, MSRDC may, at any time after receiving a report from the Independent Consultant under that Clause, direct the Independent Consultant to issue a Provisional Certificate under Clause 14.3.

Appears in 1 contract

Samples: Concession Agreement

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