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 KMC a detailed Construction Plan 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 Tolly‟s Nallah Associated Infrastructure 1 and 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) Garden Reach Construction Plan that would include plan for completing the renovation of Garden Reach STP on or before by Scheduled Garden Reach Construction Completion Date. Garden Reach Construction Plan should ensure that the Garden Reach STP is capable to handle and treat in a day Sewage up to half of capacity (i.e. 28 MLD) at all times during Garden Reach Construction Period from the Effective Date and meet the Guaranteed Interim Availability, in accordance with Article 8.12 (vi). (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/renovation of the Facilities. (b) The KMC shall review and provide comments, if any, on each of the draft Construction Plans to the Concessionaire or notify the Concessionaire of its approval of each of the draft Construction Plans within 30 days from the date of receipt of each of the draft Construction Plans from the Concessionaire. The KMC may require the Concessionaire to amend or modify any of the draft Construction Plan(s) if the KMC identifies any deficiencies or shortcomings in any of the draft Construction Plans. If the Concessionaire receives any comments, suggestions or instructions to modify any of the relevant draft Construction Plan from the KMC, then the Concessionaire shall incorporate the suggestions made by the KMC and modify the relevant draft Construction Plan to address any such comments, shortcomings or deficiencies identified by the KMC. Thereafter, the Concessionaire shall submit the revised Construction Plan to the KMC for its approval. The process set out in this Article 7.3(b) shall continue until the relevant Construction Plan is approved by the KMC in accordance with this 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 KMC. The Concessionaire shall not commence construction/renovation of any part of the said Facilities prior to approval of the Construction Plan in accordance with this Article 7.3. (d) Notwithstanding any approval of the Construction Plan by the KMC, the Concessionaire shall, subject to Article 7.11(b), be solely liable for completing the construction/renovation of the Facilities, by the relevant Scheduled Construction Completion Date. (e) The Concessionaire shall submit a consolidated Construction Plan for the Tolly‟s Nallah Facilities and the Garden Reach Facilities.

Construction Plan. (a) Within 30 days from the Appointed Date, the Concessionaire shall prepare and submit to the KMC a detailed Construction Plan 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 Tolly‟s Nallah Associated Infrastructure 1 and 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) ; Garden Reach Construction Plan that would include plan for completing the renovation of Garden Reach STP on or before by Scheduled Garden Reach Construction Completion Date. Garden Reach Construction Plan should ensure that the Garden Reach STP is capable to handle and treat in a day Sewage up to half of capacity (i.e. 28 MLD) at all times during Garden Reach Construction Period from the Effective Date and meet the Guaranteed Interim Availability, in accordance with Article 8.12 (vi). (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) and Each plan will detail the order in which the Concessionaire proposes to execute the construction/renovation of the Facilities. (b) . The KMC shall review and provide comments, if any, on each of the draft Construction Plans to the Concessionaire or notify the Concessionaire of its approval of each of the draft Construction Plans within 30 days from the date of receipt of each of the draft Construction Plans from the Concessionaire. The KMC may require the Concessionaire to amend or modify any of the draft Construction Plan(s) if the KMC identifies any deficiencies or shortcomings in any of the draft Construction Plans. If the Concessionaire receives any comments, suggestions or instructions to modify any of the relevant draft Construction Plan from the KMC, then the Concessionaire shall incorporate the suggestions made by the KMC and modify the relevant draft Construction Plan to address any such comments, shortcomings or deficiencies identified by the KMC. Thereafter, the Concessionaire shall submit the revised Construction Plan to the KMC for its approval. The process set out in this Article 7.3(b) shall continue until the relevant Construction Plan is approved by the KMC in accordance with this 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 KMC. The Concessionaire shall not commence construction/renovation of any part of the said Facilities prior to approval of the Construction Plan in accordance with this Article 7.3. (d) Notwithstanding any approval of the Construction Plan by the KMC, the Concessionaire shall, subject to Article 7.11(b), be solely liable for completing the construction/renovation of the Facilities, by the relevant Scheduled Construction Completion Date. (e) The Concessionaire shall submit a consolidated Construction Plan for the Tolly‟s Nallah Facilities and the Garden Reach Facilities.