Common use of Xxxx closure Clause in Contracts

Xxxx closure. 17.7.1 Save and except as provided in Clause 17.6, the Concessionaire shall not close any lane of the Project Highway for undertaking maintenance or repair works, not forming part of the Maintenance Programme, except with the prior written approval of the Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made to the Independent Engineer, and a copy thereof furnished to the Authority, at least 7 (seven) days before the proposed closure of such lane and shall be accompanied by particulars thereof. Within 3 (three) days of receiving such request, the Independent Engineer shall grant permission with such modifications as it may deem reasonable and necessary in conformity with the Maintenance Manual and Maintenance Programme and a copy of such permission shall be sent to the Authority. 17.7.2 The provisions of Clause 17.7.1 shall not apply to de-commissioning under Clause 17.6.1 or to closure of any lane for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Independent Engineer as off-peak hours when the flow of traffic is comparatively lower. 17.7.3 Upon receiving the permission pursuant to Clause 17.7.1, the Concessionaire shall be entitled to close the designated lane for the period specified therein, and in the event of any delay in re-opening such lane, the Concessionaire shall pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the Average Daily Fee for every stretch of 250 (two hundred and fifty) metres, or part thereof, for each day of delay until the lane has been re- opened for traffic.

Xxxx closure. 17.7.1 Save and except as provided in Clause 17.6, the The Concessionaire shall not close any lane of the Project Highway for undertaking maintenance or repair works, not forming part of the Maintenance Programme, works except with the prior written approval of the Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made to the Independent Engineer, and a copy thereof furnished to the Authority, at least 7 (seven) days before the proposed closure of such lane and shall be accompanied by particulars thereof. Within 3 (three) days of receiving such request, the Independent Engineer shall grant permission with such modifications as it may deem reasonable and necessary in conformity with the Maintenance Manual and Maintenance Programme and a copy of such permission shall be sent to the Authority. 17.7.2 The provisions of Clause 17.7.1 shall not apply to de-commissioning under Clause 17.6.1 or to closure of any lane for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Independent Engineer as off-peak hours when the flow of traffic is comparatively lower. 17.7.3 Upon receiving the permission pursuant to Clause 17.7.1, the Concessionaire shall be entitled to close the designated lane for the period specified therein, and in the event of any delay in re-opening such lane, the Concessionaire shall pay Damages to the Authority calculated at the rate of 0.12.00% (zero point one two per cent) of the Average Daily Fee Annuity for every stretch of 250 (two hundred and fifty) metres, or part thereof, for each day of delay until the lane has been re- re-opened for traffic. Such Damages shall be recovered by the Authority in accordance with Article 28 of this Agreement. 17.7.4 Notwithstanding anything to the contrary contained in this Agreement, the Annuity of the Concessionaire shall be liable to be reduced for any reduction in Assured Lane Availability in accordance with Article 28 of this Agreement and any Damages to be paid as specified in the Clause 17.7.3 above shall be in addition to the reduction / adjustment in the Annuity amount to be paid to the Concessionaire for the respective Annuity Payment Period.

Xxxx closure. 17.7.1 Save and except as provided in Clause 17.6, the The Concessionaire shall not close any lane of the Project Highway for undertaking maintenance or repair works, not forming part of the Maintenance Programme, works except with the prior written approval of the Independent Engineer. Such approval shall be sought by the Concessionaire through a written request to be made to the Independent Engineer, and a copy thereof furnished to the AuthorityMPRDC, at least 7 (seven) days before the proposed closure of such lane and shall be accompanied by particulars thereof. Within 3 (three) days of receiving such request, the Independent Engineer shall grant permission with such modifications as it may deem reasonable and necessary in conformity with the Maintenance Manual and Maintenance Programme and a copy of such permission shall be sent to the AuthorityMPRDC. 17.7.2 The provisions of Clause 17.7.1 shall not apply to de-de- commissioning under Clause 17.6.1 or to closure of any lane for a period not exceeding 2 (two) hours in a day at any time of the day and 6 (six) hours in a day at a time specified by the Independent Engineer as off-peak hours when the flow of traffic is comparatively lower. 17.7.3 Upon receiving the permission pursuant to Clause 17.7.1, the Concessionaire shall be entitled to close the designated lane for the period specified therein, and in the event of any delay in re-re- opening such lane, the Concessionaire shall pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the Average Daily Fee Annuity for every stretch of 250 (two hundred and fifty) metres, or part thereof, for each day of delay until the lane has been re- re-opened for traffic. Such Damages shall be recovered by the Authority in accordance with Article 28 of this Agreement. 17.7.4 Notwithstanding anything to the contrary contained in this Agreement, the Annuity of the Concessionaire shall be liable to be reduced for any reduction in Assured Lane Availability in accordance with Article 28 of this Agreement and any Damages to be paid as specified in the Clause 17.7.3 above shall be in addition to the reduction / adjustment in the Annuity amount to be paid to the Concessionaire for the respective Annuity Payment Period.