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 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.

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 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 Seller and send its comments thereon to the Concessioning Authority CEB and the Concessionaire Seller within 7 (seven) days of receipt of such report. 3.3 . The Independent Engineer shall inspect the Construction Works and construction of the Project Facility 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, Seller and make out prepare 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 Facility .The Independent Engineer shall send a copy of its Inspection Report to the Concessioning Authority CEB and the Concessionaire Seller 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 Seller carries out any remedial works for removal or rectification of any defects or deficienciesdeficiencies as identified in the Inspection Report, 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 inspect same and Standards, and the provisions of this Paragraph 5 shall apply to such tests. 3.9 provide his report in an additional Inspection Report. In the event that the Concessionaire Seller fails to achieve any of the Project MilestonesMilestones during the Construction Period, 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 Facility is not feasible within the time specified in the Agreement, it shall require the Concessionaire Seller to indicate within 15 (fifteen) days days, the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date completion shall be achieved. Upon receipt of a report from the Concessionaire forthwithSeller, the Independent Engineer shall review the same and send its comments to CEB and Seller forthwith. The Independent Engineer shall propose any extension of time, required to complete the Concessioning Authority and Facility during the Concessionaire forthwith. 3.10 Construction Period. If at any time during the Construction Periodconstruction, the Independent Engineer determines that the Concessionaire Seller 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 Seller shall make a recommendation to the Concessioning Authority forthwith, identifying the suspend whole or part of the Construction Works that should be suspended construction 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 Usersthe workers, it may may, by notice in writing, require the Independent Engineer to inspect such worksmeasures, 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 CEB forthwith, recommending whether or not such suspension may be revoked by Seller. CEB shall communicate the Concessioning Authority. 3.12 findings of the Independent Engineer in respect of such disconnection to Seller. If suspension of Construction Works construction is for reasons not attributable to the ConcessionaireSeller, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, Scheduled Commercial Operation Date to which the Concessionaire Seller is reasonably entitled, and shall notify the Concessioning Authority CEB and the Concessionaire Seller of the same. 3.13 . The Independent Engineer shall carry out or cause to be carried out witness the successful completion of all the Commissioning Tests specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as for the case may beFacility. For carrying out its functions under this Paragraph 3.13 4.8 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 Concessionairethis Agreement. 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 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, 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 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 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 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.