Common use of Withholding of Provisional Certificate Clause in Contracts

Withholding of Provisional Certificate. 13.5.1 If the Independent Monitor[s] determines that the 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 Monitor[s] and after conducting its own inspection, if the Authority is of the opinion that the 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 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

Appears in 4 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Withholding of Provisional Certificate. 13.5.1 14.5.1 If the Independent Monitor[s] Engineer determines that the Project XXX Ropeway 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 Monitor[s] Engineer and after conducting its own inspection, if the Authority is of the opinion that the Project XXX Ropeway 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 XXX Ropeway and direct the Independent Monitor[s] 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

Appears in 2 contracts

Samples: Model Concession Agreement, Model Concession Agreement

Withholding of Provisional Certificate. 13.5.1 14.5.1 If the Independent Monitor[s] Monitor determines that the 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 Monitor[s] Monitor and after conducting its own inspection, if the Authority is of the opinion that the 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 Monitor[s] 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

Appears in 1 contract

Samples: Concession Agreement

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Withholding of Provisional Certificate. 13.5.1 14.5.1 If the Independent Monitor[s] Engineer determines that the 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 Monitor[s] Engineer and after conducting its own inspection, if the Authority is of the opinion that the Project or any part thereof 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 Monitor[s] 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

Appears in 1 contract

Samples: Concession Agreement

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