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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 10 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 Project 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 10 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 6 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 Project 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 6 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. from 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 Project 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.. xxx.xxxxxx.xxx Downloaded

Appears in 5 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 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Concessioning Authority may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 4 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. from 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 Project 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.. xxx.xxxxxx.xxx Downloaded

Appears in 4 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer Expert determines that the Bus Terminal Project Network 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 as soon as practicable deliver a report in this behalf and send copies thereof to both the Contracting Authority and the ConcessionaireService Provider. Upon receipt of such a report from the Independent Engineer Expert and after conducting its own inspection, if where the Contracting Authority is of the opinion that the Bus Terminal Project Network is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of Service Provider in writing identifying the defects and deficiencies Defects in the Project Network and shall be entitled to direct the Independent Engineer Expert to withhold issuance of the Provisional CertificateCertificate until such time as the Defects have been rectified to its satisfaction. Upon receipt of such notice, the Concessionaire Service Provider shall remedy and promptly rectify such defects or deficiencies Defects and thereupon following such rectification Tests shall be undertaken in accordance with this Article Clause 14. Such procedure shall be repeated as necessary until the defects Defects are rectified or deficiencies are rectifiedremedied. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Contracting Authority may, at any time after receiving a report from the Independent Engineer Expert under that XxxxxxClause, direct the Independent Engineer Expert to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 2 contracts

Samples: Project Agreement, Project 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority MPRDC may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 2 contracts

Samples: Model 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority Government may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: 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 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. 14.5.2 14.5.2. Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall directionshall be complied forthwith.

Appears in 1 contract

Samples: 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 Project 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 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority MPRDC may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1. After removal of defects and deficiencies, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, may direct the Independent Engineer to issue a Provisional Certificate under Clause Article 14.3, and such direction shall be complied forthwith.

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 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority MPRDC may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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 Project 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 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority Lead ULB may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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. 14.5.2 14.5.1 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer Supervision Committee under that Xxxxxx, direct the Independent Engineer Supervision Committee to issue a Provisional Certificate for the Project under Clause 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: Concession Agreement

Withholding of Provisional Certificate. oject 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 MOPIT and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority MOPIT 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority MOPIT may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: Concession Agreement

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Withholding of Provisional Certificate. 14.5.1 If the Independent Engineer determines on basis of merits substantiated through respective supporting technical data and/or detailed study whereof and prior to issue of Provisional Certificate that the Bus Terminal Project or any part thereof does not conform to the provisions of this Agreement and and/or cannot be safely safe and reliably placed in reliable for commercial operation, it shall forthwith make a report along with all substantiating details whereof in this behalf and send copies thereof to the Authority / SSNNL / FED and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority / SSNNL / FED 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 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 14Clause. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified. 14.5.2 . Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority / SSNNL / FED may, at any time after receiving a report report, as mentioned in Clause 14.5.1, from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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 Project 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority Lead ULB may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Concessioning Authority may, at any time after receiving a report from the Independent Engineer designated Officer under that Xxxxxx, direct the Independent Engineer designated Officer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: 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 Project 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 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.. xxx.xxxxxx.xxx

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 Project 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority ULB may, at any time after receiving a report from the Independent Engineer Construction Supervisor under that XxxxxxClause, direct the Independent Engineer Construction Supervisor to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 Project 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: Concession Agreement

Withholding of Provisional Certificate. from 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 Project 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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 Project 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority Lead ULB may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: Concession 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 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. 14.5.2 13.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.113.5.1, the Authority may, at any time after receiving a report from the Independent Engineer Monitor under that XxxxxxClause, direct the Independent Engineer Monitor to issue a Provisional Certificate under Clause 14.3, 13.3 and such direction shall be complied forthwith.. Draft Concession Agreement

Appears in 1 contract

Samples: 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 Project 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: Transmission 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 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. 14.5.2 . Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority MSRDC may, at any time after receiving a report from the Independent Engineer Consultant under that Xxxxxx, direct the Independent Engineer Consultant to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

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 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. 14.5.2 14.5.1 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer Supervision Committee under that XxxxxxClause, direct the Independent Engineer Supervision Committee to issue a Provisional Certificate for the Project/ Phase under Clause 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: 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 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. 14.5.2 14.5.2. Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall directionshall be complied forthwith.

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 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 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. 14.5.2 Notwithstanding anything to the contrary contained in Clause 14.5.1, the Authority MPRDC may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Provisional Certificate under Clause 14.3, and such direction shall be complied forthwith.

Appears in 1 contract

Samples: Concession Agreement

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