Common use of Construction Period Clause in Contracts

Construction Period. 3.1 In respect of the Drawings, Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 2 shall apply, mutatis mutandis. 3.2 The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 3.3 The Independent Engineer shall inspect the Construction Works and the Project once every month, preferably after receipt of the monthly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Project. The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 3.4 The Independent Engineer may inspect the Project more than once in a month if any lapses, defects or deficiencies require such inspections. 3.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 20% (twenty per cent) of the quantity or number of tests prescribed for each category or type of tests in Quality Control manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 The timing of tests referred to in Paragraph 3.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and indentify potential delays, if any. If the Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date shall be achieved. Upon receipt of a report from the Concessionaire forthwith, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire forthwith. 3.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Concessioning Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority forthwith, recommending whether or not such suspension may be revoked by the Concessioning Authority. 3.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority and the Concessionaire of the same. 3.13 The Independent Engineer shall carry out or cause to be carried out all the Tests specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Paragraph 3.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 and Schedule-I. 3.14 Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire. 3.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.

Construction Period. 3.1 5.1 In respect of the Drawings, Documents and Safety Report received by the Independent Engineer Third Party Inspector for its review and comments during the Construction Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 3.2 5.2 The Independent Engineer Third Party Inspector shall review the monthly progress report furnished by the Concessionaire Developer after completion each milestone and send its comments thereon to the Concessioning Authority JTDCL and the Concessionaire Developer within 7 3 (seventhree) days of receipt of such report. 3.3 5.3 The Independent Engineer Third Party Inspector shall inspect the Construction Works and the Project Facilities once every month15 (fifteen) days, preferably after receipt of the monthly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any caseDeveloper, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer Third Party Inspector shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Project. The Independent Engineer Third Party Inspector shall send a copy of its Inspection Report to the Concessioning Authority JTDCL and the Concessionaire Developer within 7 3 (seventhree) days of the inspection. 3.4 5.4 The Independent Engineer Third Party Inspector may inspect the Project more than once in a month 15 (fifteen) if any lapses, defects or deficiencies require such inspections. 3.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 20% (twenty per cent) of the quantity or number of tests prescribed for each category or type of tests in Quality Control manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 The timing of tests referred to in Paragraph 3.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 5.5 In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 In the event that the Concessionaire Developer fails to achieve any of the Project Milestones, the Independent Engineer Third Party Inspector shall undertake a review of the progress of construction and indentify identify potential delays, if any. If the Engineer Third Party Inspector shall determine that completion of the Project Facilities is not feasible within the time specified in the Agreement, it shall require the Concessionaire Developer to indicate within 15 7 (fifteen) days seven)days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date shall be achieved. Upon receipt of a report from the Concessionaire forthwithDeveloper, the Independent Engineer Third Party Inspector shall review the same and send its comments to the Concessioning Authority JTDCL and the Concessionaire Developer forthwith. 3.10 5.6 If at any time during the Construction Period, the Independent Engineer Third Party Inspector determines that the Concessionaire Developer has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Concessioning Authority JTDCL forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 5.7 In the event that the Concessionaire Developer carries out any remedial measures to secure the safety of suspended works and Users, it may may, by notice in writing, require the Independent Engineer Third Party Inspector to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer Third Party Inspector shall inspect the suspended works and make a report to the Concessioning Authority JTDCL forthwith, recommending whether or not such suspension may be revoked by the Concessioning AuthorityJTDCL. 3.12 5.8 If suspension of Construction Works is for reasons not attributable to the ConcessionaireDeveloper, the Independent Engineer Third Party Inspector shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire Developer is reasonably entitled, and shall notify the Concessioning Authority JTDCL and the Concessionaire Developer of the same. 3.13 5.9 The Independent Engineer Third Party Inspector shall carry out out, or cause to be carried out out, all the Tests specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Paragraph 3.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 and Schedule-I.. 3.14 5.10 Upon reference from the Concessioning AuthorityJTDCL, the Independent Engineer Third Party Inspector shall make a fair afair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority JTDCL to the ConcessionaireDeveloper. 3.15 5.11 The Independent Engineer Third Party Inspector shall aid and advise the Concessionaire Developer in preparing the Maintenance Manual.

Construction Period. 3.1 5.1 In respect of the Drawings, Drawings and Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 3.2 5.2 The Independent Engineer shall review the monthly quarterly progress report furnished by the Concessionaire Developer and send its comments thereon to the Concessioning Authority MOR and the Concessionaire Developer within 7 (seven) days of receipt of such report. 3.3 5.3 The Independent Engineer shall inspect the Construction Works and the Project once every monthquarter, preferably after receipt of the monthly quarterly progress report from the ConcessionaireDeveloper, but before the 20th [7th (twentiethseventh) day day] of each month next quarter in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the ProjectRail System. The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority MOR and the Concessionaire Developer within 7 (seven) days of the inspection. 3.4 5.4 The Independent Engineer may inspect the Project Rail System more than once in a month quarter if any lapses, defects or deficiencies require such inspections. 3.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 20% (twenty per cent) of the quantity or number of tests prescribed for each category or type of tests in Quality Control manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 The timing of tests referred to in Paragraph 3.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 5.5 In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 In the event that the Concessionaire Developer fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and indentify identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project Rail System is not feasible within the time specified in the Agreement, it shall require the Concessionaire Developer to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Project Scheduled Completion Date shall be achieved. Upon receipt of a report from the Concessionaire forthwithDeveloper, the Independent Engineer shall review the same and send its comments to the Concessioning Authority MOR and the Concessionaire Developer forthwith. 3.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Concessioning Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority forthwith, recommending whether or not such suspension may be revoked by the Concessioning Authority. 3.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority and the Concessionaire of the same. 3.13 5.6 The Independent Engineer shall carry out out, or cause to be carried out out, all the Tests specified in Schedule-I and upon completion of Construction Works, and shall issue a the Completion Certificate or Provisional Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results to the MOR, as the case may beChief Engineer/Independent Surveyor Assessor. For carrying out its functions under this Paragraph 3.13 5.6 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 and Schedule-I. 3.14 Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire10. 3.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.

Construction Period. 3.1 a. In respect of the Drawings, Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 2 the clause 6.3 shall apply, mutatis mutandis. 3.2 b. The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 3.3 c. The Independent Engineer shall inspect the Construction Works and the Project once every month, preferably after receipt of the monthly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications specifications and Standardsstandards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Project. The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 3.4 d. The Independent Engineer may inspect the Project project more than once in a month if any lapses, defects or deficiencies require such inspections. 3.5 e. For determining that the Construction Works conform to Specifications specifications and Standardsstandards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. For purposes of this clause 6.4 (e), the tests specified in the relevant Manuals specified by the Concessioning Authority in relation to structures, buildings and equipment (the “Quality Control Manuals”) or any modification/substitution thereof shall be deemed to be tests conforming to Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 f. The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5Engineer, shall comprise 2010% (twenty per cent) of the quantity or number of tests prescribed for each category or type of tests in the Quality Control manualsManuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 g. The timing of tests referred to in Paragraph 3.5tests, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 h. In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications specifications and Standardsstandards, and the provisions of this Paragraph 5 clause 6.4 shall apply to such tests. 3.9 i. In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and indentify identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, progress and the period within which the Project Completion Date shall date of commercial operation of port will be achieved. Upon receipt of a report from the Concessionaire forthwithConcessionaire, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire forthwith. 3.10 j. If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Concessioning Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 k. In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority forthwith, recommending whether or not such suspension may be revoked by the Concessioning Authority. 3.12 l. If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority and the Concessionaire of the same. 3.13 m. The Independent Engineer shall carry out out, or cause to be carried out out, all the Tests specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Paragraph 3.13 Clause 6.4 (m) and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 and Schedule-I.Clause 7.8. 3.14 n. Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire. 3.15 o. The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manualmaintenance manual.

Construction Period. 3.1 5.1 In respect of the Drawings, Documents and Safety Report received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 3.2 5.2 The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority UPEIDA and the Concessionaire within 7 (seven) days of receipt of such report. 3.3 5.3 The Independent Engineer shall inspect the Construction Works and the UGC Expressway Project once every month, preferably after receipt of the monthly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the UGC Expressway Project. The Inspection Report shall also contain a review of the maintenance of the existing lanes in conformity with the provisions of the Concession Agreement. The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority UPEIDA and the Concessionaire within 7 (seven) days of the inspection. 3.4 5.4 The Independent Engineer may inspect the UGC Expressway Project more than once in a month if any lapses, defects or deficiencies require such inspections. 3.5 5.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 5.5, the tests specified in the IRC Special Publication-11 (Handbook of Quality Control for Construction of Roads and Runways) and the Specifications for Road and Bridge Works issued by MOSRTH (the “Quality Control Manuals”) or any modification/substitution thereof shall be deemed to be tests conforming to Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 5.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 2010% (twenty ten per cent) of the quantity or number of tests prescribed for each category or type of tests in the Quality Control manualsManuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 5.7 The timing of tests referred to in Paragraph 3.55.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 5.8 In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and indentify identify potential delays, if any. If the Independent Engineer shall determine that completion of the UGC Expressway Project is not feasible within the time specified in the Concession Agreement, it shall require the Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date shall be achieved. Upon receipt of a report from the Concessionaire forthwithConcessionaire, the Independent Engineer shall review the same and send its comments to the Concessioning Authority UPEIDA and the Concessionaire forthwith. 3.10 5.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Concessioning Authority UPEIDA forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority UPEIDA forthwith, recommending whether or not such suspension may be revoked by the Concessioning AuthorityUPEIDA. 3.12 5.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority UPEIDA and the Concessionaire of the same. 3.13 5.13 The Independent Engineer shall carry out out, or cause to be carried out out, all the Tests specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Paragraph 3.13 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 and Schedule-I. 3.14 5.14 Upon reference from the Concessioning AuthorityUPEIDA, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority UPEIDA to the Concessionaire. 3.15 5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.

Construction Period. 3.1 In respect of the Drawings, Drawings and Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 3.2 . The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 3.3 . The Independent Engineer shall inspect the Construction Works and the Project once every month, preferably after receipt of the monthly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Project. The Inspection Report shall also contain a review of the maintenance of the existing lanes in conformity with the provisions of the Agreement. The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 3.4 . The Independent Engineer may inspect the Project more than once in a month if any lapses, defects or deficiencies require such inspections. 3.5 . For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 5.5, the tests specified in the IRC Special Publication-11 (Handbook of Quality Control for Construction of Roads and Runways) and the Specifications for Road and Bridge Works issued by the Authority (the “Quality Control Manuals”) or any modification/substitution thereof shall be deemed to be tests conforming to Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 . The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 2010% (twenty ten per cent) of the quantity or number of tests prescribed for each category or type of tests in the Quality Control manualsManuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 . The timing of tests referred to in Paragraph 3.55.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 . In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 . In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and indentify identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date COD shall be achieved. Upon receipt of a report from the Concessionaire forthwithConcessionaire, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire forthwith. 3.10 . If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Concessioning Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 . In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority forthwith, recommending whether or not such suspension may be revoked by the Concessioning Authority. 3.12 . If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority and the Concessionaire of the same. 3.13 . The Independent Engineer shall carry out out, or cause to be carried out out, all the Tests specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Paragraph 3.13 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 and Schedule-I. 3.14 I. Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire. 3.15 . The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.

Construction Period. 3.1 5.1 In respect of the Drawings, Drawings and Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 3.2 5.2 The Independent Engineer shall review the monthly quarterly progress report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 3.3 5.3 The Independent Engineer shall inspect the Construction Works and the Project once every monthquarter, preferably after receipt of the monthly quarterly progress report from the Concessionaire, but before the 20th (twentieth) day of each last month of quarter in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the ProjectHospital. The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 3.4 5.4 The Independent Engineer may inspect the Project Hospital more than once in a month if any lapses, defects or deficiencies require such inspections. 3.5 5.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 5.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 2010% (twenty ten per cent) of the quantity or number of tests prescribed for each category or type of tests in Quality Control manualstests; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 5.7 The timing of tests referred to in Paragraph 3.55.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control ManualsGood Industry Practice. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practicebasis. 3.8 5.8 In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and indentify identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project Hospital is not feasible within the time specified in the Agreement, it shall require the Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date shall be achieved. Upon receipt of a report from the Concessionaire forthwithConcessionaire, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire forthwith. 3.10 5.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users workers, in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Usersworkers, , it shall make a recommendation to the Concessioning Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Usersworks, it may may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority forthwith, recommending whether or not such suspension may be revoked by the Concessioning Authority. 3.12 5.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority and the Concessionaire of the same. 3.13 5.13 The Independent Engineer shall carry out out, or cause to be carried out out, all the Tests specified in Schedule-I required and issue a Completion Certificate for Hospital Building or Provisional Certificate, as the case may be. For carrying out its functions under this Paragraph 3.13 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article Clause 14 and Schedule-I. 3.14 5.14 Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article Clause 16 and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire. 3.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.

Construction Period. 3.1 5.1 In respect of the Drawings, Drawings and Documents received by the Independent Engineer Consultant for its review and comments during the Construction Period, the provisions period of Paragraph 2 4 shall apply, mutatis mutandis. 3.2 5.2 The Independent Engineer Consultant shall review the monthly progress report furnished by the Concessionaire and send its comments thereon there On to the Concessioning Authority Government and the Concessionaire within 7 (seven) days of receipt of such report. 3.3 5.3 The Independent Engineer Consultant shall inspect the Construction Works and the Project once every month, preferably after receipt of the monthly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any case, and make out a report of such inspection Inspection (the “"Inspection Report”") setting forth an overview of the status, progress, quality and safety of construction, including ; Including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications specifications and Standardsstandards. In a separate section of the Inspection Report, the Independent Engineer Consultant shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Project. The Independent Engineer Inspection Report shall also contain a review of the maintenance of the existing lanes in conformity with the provisions of the Agreement. The Consultant shall send a copy of its Inspection Report to the Concessioning Authority Government and the Concessionaire within 7 (seven) days of the inspection. 3.4 5.4 The Independent Engineer Consultant may inspect the Project more than once in a month if any lapses, defects or deficiencies require such inspections. 3.5 5.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer Consultant shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer Consultant in accordance with Good Industry Practice for quality assurance. assurance The Independent Engineer Consultant shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair ~ and efficient manner, and shall monitor and review the results thereof. 3.6 5.6 The sample size of the tests, to be specified by the Independent Engineer Consultant under Paragraph 5.5, shall comprise 2010% (twenty ten per cent) of the quantity or number of tests prescribed for each category or type of tests in the Quality Control manualsManuals; provided that the Independent Engineer Consultant may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 5.7 The timing of tests referred to in Paragraph 3.55.5, 'and the criteria for acceptance/ acceptance rejection of their results shall be determined by the Independent Engineer Consultant in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests test that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 5.8 In the event that the Concessionaire carries out any remedial works for removal removal: or rectification of any defects or deficiencies, the Independent Engineer Consultant shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with "With the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer . The Consultant shall undertake a review of the progress of construction and indentify identify potential delays, if any. If the Engineer Consultant shall determine that completion of the Project is not feasible within the time specified in the Agreement, it It shall require the Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date shall be achieved. Upon receipt of a report from the Concessionaire forthwithConcessionaire, the Independent Engineer Consultant shall review the same and send its comments to the Concessioning Authority Government and the Concessionaire forthwith. 3.10 5.10 If at any time during the Construction Period, the Independent Engineer Consultant determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is is, being carried out in a manner that threatens the safety of the workers and the Users, it Users in the shall make a recommendation to the Concessioning Authority Government forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may may, by notice in writing, 'require the Independent Engineer Consultant to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer Consultant shall inspect the suspended works and make a report to the Concessioning Authority Government forthwith, recommending whether or not such suspension may be revoked by the Concessioning AuthorityGovernment. 3.12 5.12 If suspension of Construction Works is for reasons not attributable "to the Concessionaire, the Independent Engineer Consultant shall determine the extension of dates set forth in the Project Completion Schedule, 'to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority Government and the Concessionaire of the same. 3.13 5.13 The Independent Engineer Consultant shall carry out out, or cause to be carried out out; all the Tests specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as the case 'case' may be. For carrying out its functions under this Paragraph 3.13 5.13 and all matters incidental thereto, the Independent Engineer Consultant shall act under and in accordance with the provisions of Article 14 and Schedule-I.of the Concession Agreement. 3.14 5.14 Upon reference from the Concessioning AuthorityGovernment, the Independent Engineer Consultant shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority Government to the Concessionaire. 3.15 5.15 The Independent Engineer Consultant shall aid and advise the Concessionaire in preparing the Maintenance Manual.

Construction Period. 3.1 5.1 In respect of the Drawings, Documents and Structural Safety Certificate received by the Independent Engineer for its review and comments during the Construction Period, Period the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 3.2 5.2 The Independent Engineer shall review the monthly quarterly progress report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority NRDA and the Concessionaire within 7 (seven) days of receipt of such report. 3.3 5.3 The Independent Engineer shall inspect the Construction Works and the Project once every monthquarter, preferably after receipt of the monthly quarterly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any an] case, and make out a report of such inspection (the “"Inspection Report”") setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications Standards and StandardsSpecifications. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the ProjectProject Facilities. The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority NRDA and the Concessionaire within 7 (seven) days of the inspection. 3.4 5.4 The Independent Engineer may inspect the Project more than once in a month quarter if any lapses, defects or deficiencies require such inspections. 3.5 5.5 For determining that the Construction Works conform to Specifications Standards and StandardsSpecifications, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer basis in accordance with Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 20% (twenty per cent) of the quantity or number of tests prescribed for each category or type of tests in Quality Control manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 The timing of tests referred to in Paragraph 3.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 5.6 In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications Standards and StandardsSpecifications, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and indentify potential delays, if any. If the Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date shall be achieved. Upon receipt of a report from the Concessionaire forthwith, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire forthwith. 3.10 5.7 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Usersworkers, it shall make a recommendation to the Concessioning Authority NRDA forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 5.8 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works for workers and Users, it may may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority NRDA forthwith, recommending whether or not such suspension may be revoked by the Concessioning AuthorityNRDA. 3.12 5.9 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority NRDA and the Concessionaire of the same. 3.13 5.10 The Independent Engineer shall carry out out, or cause to be carried out all out, necessary tests to determine that the Tests specified in Schedule-I Construction Works conform to Standards and Specifications and issue a Completion Specification Compliance Certificate or Provisional (“Specification Compliance Certificate, as the case may be. For carrying out its functions under this Paragraph 3.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 and Schedule-I. 3.14 Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire”). 3.15 5.11 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.

Construction Period. 3.1 5.1 In respect of the Drawings, Drawings and Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 3.2 5.2 The Independent Engineer shall conduct a safety audit and submit a Safety Report to the Authority during the Construction Period in accordance with Schedule - M. 5.3 The Independent Engineer shall review the monthly quarterly progress report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 3.3 5.4 The Independent Engineer shall inspect the Construction Works and the Project once every monthquarterly, preferably after receipt of the monthly quarterly progress report from the Concessionaire, but before prior to the 20th (twentieth) day from close of each month quarter in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the ProjectHealthcare Network. The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 3.4 5.5 The Independent Engineer may inspect the Project Healthcare Network more than once in a month quarter if any lapses, defects or deficiencies require such inspections. 3.5 5.6 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 20% (twenty per cent) of the quantity or number of tests prescribed for each category or type of tests in Quality Control manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 5.7 The timing of tests referred to in Paragraph 3.55.6, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control ManualsGood Industry Practice. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 5.8 In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and indentify identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project Healthcare Network is not feasible within the time specified in the Agreement, it shall require the Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date shall be achieved. Upon receipt of a report from the Concessionaire forthwithConcessionaire, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire forthwith. 3.10 5.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users workers, in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Usersworkers, it shall make a recommendation to the Concessioning Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Usersworks, it may may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority forthwith, recommending whether or not such suspension may be revoked by the Concessioning Authority. 3.12 5.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority and the Concessionaire of the same. 3.13 5.13 The Independent Engineer shall carry out out, or cause to be carried out out, all the Tests specified in Schedule-I Schedule - J and issue a Completion Certificate for Hospital and Health Centres or Provisional Certificate, as the case may be. The Independent Engineer shall also certify the Project Milestones specified in Schedule I for disbursement of Grant, in accordance with Schedule-J. For carrying out its functions under this Paragraph 3.13 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 and Schedule-I.Schedule - J. 3.14 5.14 Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire. 3.15 5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.

Construction Period. 3.1 In respect of the Drawings, Documents received by the Independent Engineer for its review and comments during During the Construction Period, ; the Authority Engineer shall review the Drawings furnished by the Contractor along with supporting data; including the geo-technical and hydrological investigations; characteristics of materials from borrow areas and quarry sites; topographical surveys; and the recommendations of the Safety Consultant in accordance with the provisions of Paragraph 2 Clause 10.1.6.The Authority Engineer shall applycomplete such review and send its observations to the Authority and the Contractor within 21(twenty one) days of receipt of such Drawings; provided, mutatis mutandishowever that in case of Structures, airspace development at railway stations including concourse and any other specified item the aforesaid period of 21 (twenty one) days may be extended as per the time limit as indicated in Annexure-II of Schedule-D;. 3.2 ;. In particular; such comments shall specify the conformity or otherwise of such Drawings with the Scope of the Project and Specifications and Standards. The Independent AuthorityEngineer shall review any revised Drawings sent to it by the Contractor and furnish its comments within 10 (ten) days of receiving such Drawings. The Authority Engineer shall review the Quality Assurance Plan submitted by the Contractor and shall convey its comments to the Contractor within a period of 21 (twenty-one) days stating the modifications; if any; required thereto. The Authority Engineer shall complete the review of the methodology proposed to be adopted by the Contractor for executing the Works; and convey its comments to the Contractor within a period of 10 (ten) days from the date of receipt of the proposed methodology from the Contractor. The Authority Engineer shall review the monthly progress report furnished by the Concessionaire Contractor and send its comments thereon to the Concessioning Authority and the Concessionaire Contractor within 7 (seven) days of receipt of such report. 3.3 . The Independent Authority Engineer shall inspect the Construction Works and theProject and shall submit a monthly Inspection Report bringing out the Project once every month, preferably after receipt results of the monthly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project inspections and the Specifications and Standardsremedial action taken by the Contractor in respect of Defects or deficiencies. In a separate section of the Inspection Report, the Independent The Authority Engineer shall describe in reasonable detail conduct the lapses, defects or deficiencies observed by it in pre-construction review of manufacturer's test reports and standard samples of manufactured Materials; and such other Materials as the construction of the Project. The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 3.4 The Independent Engineer may inspect the Project more than once in a month if any lapses, defects or deficiencies require such inspections. 3.5 require. For determining that the Construction Works conform to Specifications and Standards, ; the Independent Authority Engineer shall require the Concessionaire Contractor to carry out, ; or cause to be carried out, ; tests on a sample basis, to be at such time and frequency and in such manner as specified by in the Independent Engineer Agreement and in accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 4.9; the tests specified in the ScheduleD-Specifications and Standards, shall be deemed to be tests conforming to Good Industry Practice for quality assurance. The Independent Authority Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted test check prescribed in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 20% (twenty per cent) of the quantity or number of tests prescribed this Agreement for each category or type of tests in Quality Control manuals; provided that test for quality control by the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 Contractor. The timing of tests referred to in Paragraph 3.5, 4.9; and the criteria for acceptance/ rejection of their results shall be determined by the Independent Authority Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, ; and independent of, ; the tests that may be carried out by the Concessionaire Contractor for its own quality assurance in accordance with Good Industry Practice. 3.8 . In the event that results of any tests conducted under Clause 11.10 establish any Defects or deficiencies in the Works; the Authority Engineer shall require the Contractor to carry out remedial measures. The Authority Engineer may instruct the Contractor to execute any work which is urgently required for the safety of the Project; whether because of an accident; unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event; the provisions of Clause 19.6 shall apply. In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 In the event that the Concessionaire Contractor fails to achieve any of the Project Milestones, ; the Independent Authority Engineer shall undertake a review of the progress of construction and indentify identify potential delays, ; if any. If the Authority Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, ; it shall require the Concessionaire Contractor to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, ; and the period within which the Project Completion Date shall be achieved. Upon receipt of a report from the Concessionaire forthwith, Contractor; the Independent Authority Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire Contractor forthwith. 3.10 If at any time during . The Authority Engineer shall obtain from the Construction Period, Contractor a copy of all the Independent Contractor’s quality control records and documents before the Completion Certificate is issued pursuant to Clause 12.4. Authority Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation may recommend to the Concessioning Authority forthwith, identifying suspension of the whole or part of the Construction Works that should if the work threatens the safety of the public .pedestrians orUsers. After the Contractor has carried out remedial measure; the Authority Engineer shall inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be suspended for ensuring safety in respect thereof. 3.11 revoked. In the event that the Concessionaire Contractor carries out any remedial measures to secure the safety of suspended works and Users, it may by notice in writing, require ; and requires the Independent Authority Engineer to inspect such works, and ; the Authority Engineer shall inspect the suspended works within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works ; and make a report to the Concessioning Authority forthwith, ; recommending whether or not such suspension may be revoked by the Concessioning Authority. 3.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning . The Authority and the Concessionaire of the same. 3.13 The Independent Engineer shall carry out out; or cause to be carried out out; all the Tests specified in Schedule-I J and issue a Completion Certificate or Provisional Certificate, ; as the case may be. For carrying out its functions under this Paragraph 3.13 4.18 and all matters incidental thereto, ; the Independent Authority Engineer shall act under and in accordance with the provisions of Article 14 12 and Schedule-I. 3.14 Upon reference from the Concessioning Authority, the Independent J. The Authority Engineer shall make a fair and reasonable assessment of determine the costs of providing information, works and services as set forth in Article 16 and certify costs; and/or their reasonableness; that are required to be determined by it under the reasonableness of such costs for payment by the Concessioning Agreement. The Authority to the Concessionaire. 3.15 The Independent Engineer shall aid and advise determine the Concessionaire period of Time Extension that is required to be determined by it under the Agreement. The Authority Engineer shall consult each Party in preparing every case of determination in accordance with the Maintenance Manualprovisions of Clause 16.5.

Construction Period. 3.1 5.1 In respect of the DrawingsDesign, Drawings and Documents (including safety report) received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 2 4 shall apply, mutatis mutandis. 3.2 5.2 The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire within 7 (seven) days of receipt of such report. 3.3 5.3 The Independent Engineer shall inspect the Construction Works and the Project once every month, preferably after receipt of the monthly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any case, and make out a report of such inspection (the “IE’s Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the IE‟s Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Project. The Independent Engineer shall send a copy of its IE‟s Inspection Report to the Concessioning Authority and the Concessionaire within 7 (seven) days of the inspection. 3.4 5.4 The Independent Engineer may inspect the Project more than once in a month if any lapses, defects or deficiencies require such inspections. 3.5 5.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 5.5, the tests specified in the [●]44 shall be applicable. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. 3.6 5.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 20[●]% (twenty per cent) of the quantity or number of tests prescribed for each category or type of tests in the Service Quality Control manualsManual and Construction Quality Plan; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10[●] % (ten per cent) for certain categories or types of tests. 3.7 5.7 The timing of tests referred to in Paragraph 3.55.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in 44 To insert the industry specific tests which need to be carried out, which may be specific to each project. accordance with the Service Quality Control ManualsManual and Construction Quality Plan. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 5.8 In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and indentify identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date shall be achieved. Upon receipt of a report from the Concessionaire forthwithConcessionaire, the Independent Engineer shall review the same and send its comments to the Concessioning Authority and the Concessionaire forthwith. 3.10 5.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Concessioning Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority forthwith, recommending whether or not such suspension may be revoked by the Concessioning Authority. 3.12 5.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority and the Concessionaire of the same. 3.13 5.13 The Independent Engineer shall carry out out, or cause to be carried out out, all the Tests specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Paragraph 3.13 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 13 and Schedule-I. 3.14 5.14 Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire. 3.15 5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.

Construction Period. 3.1 In respect The Independent Engineer shall undertake a review of the Drawings, Documents received to be furnished by the Concessionaire for construction of the Power Plant and send its comments/observations to NMMC within 15 (fifteen) days of receipt of such Documents. In particular, such comments shall specify the conformity or otherwise of such Documents with the Scope of the Project and Specifications and Standards. The Independent Engineer for shall review any modified Documents sent to it by the NMMC in pursuance thereof and furnish its review and comments during the Construction Period, the provisions within 7 (seven) days of Paragraph 2 shall apply, mutatis mutandis. 3.2 receiving such Documents. • The Independent Engineer shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to the Concessioning Authority and the Concessionaire NMMC within 7 (seven) days of receipt of such report. 3.3 . • The Independent Engineer shall inspect the Construction Works and the Project equipment once every month, preferably after receipt of the monthly progress report from the Concessionaire, but before the 20th (twentieth) day of each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, adopted and conformity of Construction Works and equipment with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the ProjectPower Plant or in the equipment. The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority and the Concessionaire NMMC within 7 (seven) days of the inspection. 3.4 . • The Independent Engineer may inspect the Project Power Plant more than once in a month if any lapses, defects or deficiencies require such inspections. 3.5 . • The Independent Engineer shall witness all the standard tests prior to recommendation of Completion Certificate or Provisional Certificate, as the case may be. For determining that the Construction Works conform to Specifications carrying out its functions under this Article 19.9.3.3 and Standardsall matters incidental thereto, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair act under and efficient manner, and shall monitor and review the results thereof. 3.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 20% (twenty per cent) of the quantity or number of tests prescribed for each category or type of tests in Quality Control manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. 3.7 The timing of tests referred to in Paragraph 3.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manualsprovisions of this Agreement. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. 3.8 • In the event that the Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and Standards as per the provisions of this Paragraph 5 shall apply to such tests. 3.9 Power Procurement Agreement. • In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and indentify identify potential delays, if any. If the Independent Engineer shall determine that completion of the Project is not feasible within the time specified in the Agreement, it shall require the Concessionaire concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date COD shall be achieved. Upon receipt of a report from the Concessionaire forthwithConcessionaire, the Independent Engineer shall review the same and send its comments to the Concessioning Authority NMMC and the Concessionaire forthwith. 3.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Concessioning Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. 3.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority forthwith, recommending whether or not such suspension may be revoked by the Concessioning Authority. 3.12 . • If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority NMMC and the Concessionaire of the same. 3.13 The Independent Engineer shall carry out or cause to be carried out all the Tests specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Paragraph 3.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 14 and Schedule-I. 3.14 Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire. 3.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.