Shifting of obstructing utilities. The Contractor shall, in accordance with Applicable Laws and with assistance of the Authority, undertake the work of shifting of any utility (including electric lines, water pipes, gas pipelines and telephone cables) to an appropriate location or alignment, if such utility or obstruction adversely affects the execution of Works or Maintenance of the Project Highway in accordance with this Agreement. The cost of such shifting, as per estimates prepared by the entity owning the utility and approved by the Authority, shall be reimbursed by the Authority to the Contractor. The scope of work of such shifting of Utilities shall be as indicated in Schedule-B-1. In the event of any delay of such shifting on the part of the contractor, no extension of time for completion of the project and no claims, in any manner, shall be admissible on this account against the Authority. The work of shifting of Utilities can be taken up by the Contractor any time after signing of the Agreement.
Shifting of obstructing utilities. The Concessionaire shall, subject to Applicable Laws and with assistance of the Authority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Site if and only if such utility causes or shall cause a material adverse effect on the construction, operation or maintenance of the Project. The cost of such shifting shall be borne by the Authority or by the entity owning such utility, if the Authority so directs, and in the event of any delay in shifting thereof, the Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be.
Shifting of obstructing utilities. The Contractor shall, in accordance with Applicable Laws and with assistance of the Authority, cause shifting of any utility (including electric lines, water pipes and telephone cables) to an appropriate location or alignment, if such utility or obstruction adversely affects the execution of Works or Maintenance of the Project Highway in accordance with this Agreement. The actual cost of such shifting, as approved and communicated by the entity owning the utility, shall be paid by the Contractor and reimbursed by the Authority to the Contractor. In the event of any delay in such shifting by the entity owning the utility beyond a period of 180 (one hundred and eighty) days from the date of notice by the Contractor to the entity owning the utility and to the Authority, the Contractor shall be entitled to Damages in a sum calculated in accordance with the formula specified in Clause 8.3.1 for the period of delay, and to Time Extension in accordance with Clause 10.5 for and in respect of the part(s) of the Works affected by such delay; provided that if the delays involve any time overlaps, the overlaps shall not be additive.
Shifting of obstructing utilities. The contractor shall, subject to applicable laws and with assistance to Authority, undertaking shifting of any utility (including electric lines, water pipes and telephone cables), to an appropriate location or alignment, if such utility or obstruction adversely affected the execution of works or maintenance of the project highway in accordance with this agreement, as per the scope given in Schedule B and in accordance with applicable standards and specifications of concerned utility owning entity. The cost of such utility shifting of such utilities indicated in Schedule B is payable to the Contractor as per Schedule H. Cost of shifting utilities not included in the Schedule B, if any, shall be treated as Change of Scope. The authority will provide assistance to the contractor for obtaining the estimates for shifting of such utilities from entity owning such electric lines, water pipes or telephone cables, as the case may be. The contractor shall execute such utility shifting works under the supervision of utility owning agency and Authority’s Engineer (AE) in accordance with the provision of agreement. The supervision charge only shall be paid by the Authority to the Utility owning entity. In the event of delay in shifting thereof, the Contractor shall be responsible for failure to perform any of its obligations here under if such failure is not as a direct consequence of delay on part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The dismantled material/scrap of existing utility to be shifted dismantled shall belong to the contractor who would be free to dispose-off the dismantled material as deemed fit by them. The work of shifting of utilities can be taken up by the Contractor any time after signing of the Agreement.
Shifting of obstructing utilities xxx.xxxxxx.xxx Downloaded The Concessionaire shall, subject to Applicable Laws and with assistance of the Authority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Site if and only if such utility causes or shall cause a material adverse effect on the construction, operation or maintenance of the Bus Terminal. The cost of such shifting shall be borne by the Authority or by the entity owning such utility, if the Authority so directs, and in the event of any delay in shifting thereof, the Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be.
Shifting of obstructing utilities. The Licensee shall, subject to Applicable Laws and with assistance of the Licensor, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Project Site if and only if such utility causes or shall cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such shifting shall be borne by the Licensor or by the entity owning such utility, if the Licensor so directs, and in the event of any delay in shifting thereof, the Licensee shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. The Licensee shall allow, subject to such conditions as the Licensor may specify, access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Licensee, it may require the user of the Project Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Project Site under this Clause shall not in any manner relieve the Licensee of its obligation to maintain the Project in accordance with this Agreement and any damage caused by such use shall be restored forthwith. The Licensor shall assist the Licensee in obtaining the Applicable Permits for felling of trees to be identified by the Licensor for this purpose if and only if such trees cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such felling shall be borne by the Licensor, and in the event of any delay in felling thereof for reasons beyond the control of the Licensee, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. For the avoidance of doubt, the Parties hereto agree that the felled trees shall be deemed to be owned by the Licensor and shall be disposed in such manner and subject to such conditions as the Licensor may in its sole discretion deem appropriate.
Shifting of obstructing utilities. Deleted.
Shifting of obstructing utilities. 9.2.1 The Contractor shall, in accordance with Applicable Laws and with assistance of the Authority, cause shifting of any utility (including electric lines, water pipes and telephone cables) to an appropriate location or alignment, if such utility or obstruction adversely affects the execution of Works in accordance with this Agreement. The actual cost of such shifting, as approved and communicated by the entity owning the utility, shall be paid by the Contractor and reimbursed by the Authority to the Contractor. In the event of any delay in such shifting by the entity owning the utility beyond a period of 180 (one hundred and eighty) days from the date of notice by the Contractor to the entity owning the utility and to the Authority, the Contractor shall be entitled to Damages in a sum calculated in accordance with the formula specified in Clause 8.3.1 for the period of delay, and to Time Extension in accordance with Clause 10.4 for and in respect of the part(s) of the Works affected by such delay; provided that if the delays involve any time overlaps, the overlaps shall not be additive.
9.2.2 For the existing utilities owned by Railways, where the shifting thereof can take place only after certain works for its shifting have been completed by the Contractor, the Authority shall, undertake and complete its shifting within 180 (one hundred and eighty) days after the Contractor has notified the Authority of the completion of the works. In the event of delay in shifting the utility, beyond the aforesaid period of 180 (one hundred and eighty) days, the Contractor shall be entitled to Damages for the period of delay in accordance with the provisions of this Clause 9.2.1.
Shifting of obstructing utilities. 9.2.1 The Contractor shall, in accordance with Applicable Laws and with the proactive support & assistance of the Authority, cause shifting of any utility (including electric lines, water pipes and telephone cables) to an appropriate location or alignment, if such utility or obstruction adversely affects/ infringes the execution of Works in accordance with this Agreement. The actual cost of shifting/relocation of such utilities, as approved and communicated/demanded by the entity owning such utility, shall be paid by the Authoritydirectly to theentity. In the event of any delay in such shifting by the entity owning the utility beyond a period of 180 (one hundred and eighty) days from the date of notice by the Contractor to the entity owning the utility and to the Authority, the Contractor shall be entitled to Damages in a sum calculated in accordance with the formula specified in Clause 8.3.1 for the period of delay, and to Time Extension in accordance with Clause 10.4 for and in respect of the part(s) of the Works affected by such delay; provided that if the delays involve any time overlaps, the overlaps shall not be additive.
9.2.2 For the existing utilities owned by Railways and not forming part of scope of work under Schedule B or Schedule C, where the shifting thereof can take place only after certain works for enabling its shifting have been completed by the Contractor, the Authority shall, through the Contractor, undertake and complete its shifting within 180 (one hundred and eighty) days after the Contractor has notified the Authority of the completion of the enabling works. The shifting of such utilies will be undertaken by the Contractor as per the provisions of Article 13. For avoidance of doubt for such utilities including its shifting which form part of scope of work under Schedule B or Schedule C, no payments over and above the Contract Price shall be xxxxxxx.Xx the event of delay in shifting the utility, beyond the aforesaid period of 180 (one hundred and eighty) days, due to the delay on account of the Authority, the Contractor shall be entitled to Damages for the period of delay in accordance with the provisions of the Clause 9.2.1.
Shifting of obstructing utilities. The Concessionaire shall, subject to Applicable Laws and with assistance of the Authority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location within or outside the Site if and only if such utility causes or shall cause a material adverse effect on the construction, operation or maintenance of the Project. The cost of shifting or removing such utilities shall be borne by the Concessionaire.
