Common use of Construction Plan Clause in Contracts

Construction Plan. (a) Within 30 days from the Appointed Date, the Concessionaire shall prepare and submit to the Executive Agency a detailed Construction Plan. The Construction Plan shall set out: (i) the detailed plan for completing the construction of the Farrukhabad Facilities and the Fatehgarh Facilities by the Scheduled Construction Completion Date; (ii) specific activities and extent of construction work to be performed by the Concessionaire to achieve each of the 4 Farrukhabad Payment Milestones and the 4 Fatehgarh Payment Milestones; and (iii) The Farrukhabad-Fatehgarh Construction Plan should ensure that the Fatehgarh STP 3 (Oxidation Pond) is capable to handle and treat in a day Sewage up to the capacity (i.e. 2.7 MLD) at all times during the Construction Period from the Effective Date and meet the Guaranteed Interim Availability, in accordance with Article 8.12. The Construction Plan should also set out the proposed period of Scheduled Outage during which the Existing Fatehgarh STP 3 (Oxidation Pond) is not required to meet the Guaranteed Interim Availability, which period cannot exceed the maximum limits prescribed in Schedule 12 (Technical Requirements/ Specifications). (iv) the order in which the Concessionaire proposes to execute the construction of the Facilities. (b) The Executive Agency shall review and provide comments, if any, on the draft Construction Plan to the Concessionaire or notify the Concessionaire of its approval of the draft Construction Plan within 30 days from the date of receipt of the draft Construction Plan from the Concessionaire. The Executive Agency may require the Concessionaire to amend or modify the draft Construction Plan if the Executive Agency identifies any deficiencies or shortcomings in the draft Construction Plan. If the Concessionaire receives any comments, suggestions or instructions to modify the draft Construction Plan from the Executive Agency, then the Concessionaire shall incorporate the suggestions made by the Executive Agency and modify the draft Construction Plan to address any such comments, shortcomings or deficiencies identified by the Executive Agency. Thereafter, the Concessionaire shall submit the revised Construction Plan to the Executive Agency for its approval. The process set out in this Clause 7.3(b) shall continue until the Construction Plan is approved by the Executive Agency in accordance with this Clause 7.3(b). (c) The Concessionaire shall construct the Facilities strictly in accordance with the approved Construction Plan. The Concessionaire shall not deviate from or make any subsequent modification or amendment to the approved Construction Plan without the prior written approval of the Executive Agency. The Concessionaire shall not commence construction of any part of the Facilities prior to approval of the Construction Plan in accordance with this Clause 7.3. (d) Notwithstanding any approval of the Construction Plan by the Executive Agency, the Concessionaire shall, subject to Clause 7.11(b), be solely liable for completing the construction of the Facilities by the Scheduled Construction Completion Date. (e) The Concessionaire shall submit a consolidated Construction Plan for the Farrukhabad Facilities and the Fatehgarh Facilities.

Construction Plan. (a) Within 30 days from the Appointed Date, the Concessionaire shall prepare and submit to the Executive Agency KMC a detailed Construction PlanPlan for each location i.e. Tolly‟s Nallah Facilities and Garden Reach Facilities. The Construction Plan shall set out: (i) : Tolly‟s Nallah Construction Plan would include plan for completing the construction of Tolly‟s Nallah STP 1, Tolly‟s Nallah STP 2 and Tolly‟s Nallah STP 3 by Scheduled Tolly‟s Nallah STP 1 Construction Completion Date, Scheduled Tolly‟s Nallah STP 2 Construction Completion Date and Scheduled Tolly‟s Nallah STP 3 Construction Completion Date, respectively and detailed plan for completing the construction and renovation of the Farrukhabad Facilities Tolly‟s Nallah Associated Infrastructure 1 and the Fatehgarh Facilities Tolly‟s Nallah Associated Infrastructure 2 by the Scheduled Tolly‟s Nallah Associated Infrastructure 1 Construction Completion Date; (ii) specific activities and extent , Scheduled Tolly‟s Nallah Associated Infrastructure 2 Construction Completion Date, respectively; Garden Reach Construction Plan that would include plan for completing the renovation of construction work to be performed Garden Reach STP on or before by the Concessionaire to achieve each of the 4 Farrukhabad Payment Milestones and the 4 Fatehgarh Payment Milestones; and (iii) The Farrukhabad-Fatehgarh Scheduled Garden Reach Construction Completion Date. Garden Reach Construction Plan should ensure that the Fatehgarh Garden Reach STP 3 (Oxidation Pond) is capable to handle and treat in a day Sewage up to the half of capacity (i.e. 2.7 28 MLD) at all times during the Garden Reach Construction Period from the Effective Date and meet the Guaranteed Interim Availability, in accordance with Article 8.128.12 (vi). The Construction Plan should also set Each plan will detail out specific activities and extent of construction/renovation work to be performed by the proposed period Concessionaire to achieve each of Scheduled Outage during which the Existing Fatehgarh STP 3 (Oxidation Pond) is not required to meet 8 Payment Milestones for Tolly‟s Nallah Facilities and achieve each of the Guaranteed Interim Availability4 Payment Milestones for Garden Reach Facilities, which period cannot exceed the maximum limits prescribed in Schedule 12 (Technical Requirements/ Specifications). (iv) and Each plan will detail the order in which the Concessionaire proposes to execute the construction construction/renovation of the Facilities. (b) . The Executive Agency KMC shall review and provide comments, if any, on each of the draft Construction Plan Plans to the Concessionaire or notify the Concessionaire of its approval of each of the draft Construction Plan Plans within 30 days from the date of receipt of each of the draft Construction Plan Plans from the Concessionaire. The Executive Agency KMC may require the Concessionaire to amend or modify any of the draft Construction Plan Plan(s) if the Executive Agency KMC identifies any deficiencies or shortcomings in any of the draft Construction PlanPlans. If the Concessionaire receives any comments, suggestions or instructions to modify any of the relevant draft Construction Plan from the Executive AgencyKMC, then the Concessionaire shall incorporate the suggestions made by the Executive Agency KMC and modify the relevant draft Construction Plan to address any such comments, shortcomings or deficiencies identified by the Executive AgencyKMC. Thereafter, the Concessionaire shall submit the revised Construction Plan to the Executive Agency KMC for its approval. The process set out in this Clause Article 7.3(b) shall continue until the relevant Construction Plan is approved by the Executive Agency KMC in accordance with this Clause Article 7.3(b). (c) The Concessionaire shall construct the Facilities strictly in accordance with the approved Construction Plan. The Concessionaire shall not deviate from or make any subsequent modification or amendment to the approved Construction Plan without the prior written approval of the Executive Agency. The Concessionaire shall not commence construction of any part of the Facilities prior to approval of the Construction Plan in accordance with this Clause 7.3. (d) Notwithstanding any approval of the Construction Plan by the Executive Agency, the Concessionaire shall, subject to Clause 7.11(b), be solely liable for completing the construction of the Facilities by the Scheduled Construction Completion Date. (e) The Concessionaire shall submit a consolidated Construction Plan for the Farrukhabad Facilities and the Fatehgarh Facilities.

Construction Plan. (a) Within 30 days from the Appointed Date, the Concessionaire shall prepare and submit to the Executive Agency KMC a detailed Construction PlanPlan for each location i.e. Tolly‟s Nallah Facilities and Garden Reach Facilities. The Construction Plan shall set out: (i) Tolly‟s Nallah Construction Plan would include plan for completing the construction of Tolly‟s Nallah STP 1, Tolly‟s Nallah STP 2 and Tolly‟s Nallah STP 3 by Scheduled Tolly‟s Nallah STP 1 Construction Completion Date, Scheduled Tolly‟s Nallah STP 2 Construction Completion Date and Scheduled Tolly‟s Nallah STP 3 Construction Completion Date, respectively and detailed plan for completing the construction and renovation of the Farrukhabad Facilities Tolly‟s Nallah Associated Infrastructure 1 and the Fatehgarh Facilities Tolly‟s Nallah Associated Infrastructure 2 by the Scheduled Tolly‟s Nallah Associated Infrastructure 1 Construction Completion Date, Scheduled Tolly‟s Nallah Associated Infrastructure 2 Construction Completion Date, respectively; (ii) specific activities and extent Garden Reach Construction Plan that would include plan for completing the renovation of construction work to be performed Garden Reach STP on or before by the Concessionaire to achieve each of the 4 Farrukhabad Payment Milestones and the 4 Fatehgarh Payment Milestones; and (iii) The Farrukhabad-Fatehgarh Scheduled Garden Reach Construction Completion Date. Garden Reach Construction Plan should ensure that the Fatehgarh Garden Reach STP 3 (Oxidation Pond) is capable to handle and treat in a day Sewage up to the half of capacity (i.e. 2.7 28 MLD) at all times during the Garden Reach Construction Period from the Effective Date and meet the Guaranteed Interim Availability, in accordance with Article 8.12. The Construction Plan should also set out the proposed period of Scheduled Outage during which the Existing Fatehgarh STP 3 8.12 (Oxidation Pond) is not required to meet the Guaranteed Interim Availability, which period cannot exceed the maximum limits prescribed in Schedule 12 (Technical Requirements/ Specificationsvi). (iii) Each plan will detail out specific activities and extent of construction/renovation work to be performed by the Concessionaire to achieve each of the 8 Payment Milestones for Tolly‟s Nallah Facilities and achieve each of the 4 Payment Milestones for Garden Reach Facilities, and (iv) Each plan will detail the order in which the Concessionaire proposes to execute the construction construction/renovation of the Facilities. (b) The Executive Agency KMC shall review and provide comments, if any, on each of the draft Construction Plan Plans to the Concessionaire or notify the Concessionaire of its approval of each of the draft Construction Plan Plans within 30 days from the date of receipt of each of the draft Construction Plan Plans from the Concessionaire. The Executive Agency KMC may require the Concessionaire to amend or modify any of the draft Construction Plan Plan(s) if the Executive Agency KMC identifies any deficiencies or shortcomings in any of the draft Construction PlanPlans. If the Concessionaire receives any comments, suggestions or instructions to modify any of the relevant draft Construction Plan from the Executive AgencyKMC, then the Concessionaire shall incorporate the suggestions made by the Executive Agency KMC and modify the relevant draft Construction Plan to address any such comments, shortcomings or deficiencies identified by the Executive AgencyKMC. Thereafter, the Concessionaire shall submit the revised Construction Plan to the Executive Agency KMC for its approval. The process set out in this Clause Article 7.3(b) shall continue until the relevant Construction Plan is approved by the Executive Agency KMC in accordance with this Clause Article 7.3(b). (c) The Concessionaire shall construct the Facilities strictly in accordance with the approved Construction Plan. The Concessionaire shall not deviate from or make any subsequent modification or amendment to the approved Construction Plan without the prior written approval of the Executive AgencyKMC. The Concessionaire shall not commence construction construction/renovation of any part of the said Facilities prior to approval of the Construction Plan in accordance with this Clause Article 7.3. (d) Notwithstanding any approval of the Construction Plan by the Executive AgencyKMC, the Concessionaire shall, subject to Clause Article 7.11(b), be solely liable for completing the construction construction/renovation of the Facilities Facilities, by the relevant Scheduled Construction Completion Date. (e) The Concessionaire shall submit a consolidated Construction Plan for the Farrukhabad Tolly‟s Nallah Facilities and the Fatehgarh Garden Reach Facilities.