Common use of Construction Timelines Clause in Contracts

Construction Timelines. (a) The Concessionaire shall comply with the DPR, the Construction Plan, the Designs and Drawings and the Technical Specifications and complete the construction of the Project Facilities so as to ensure that the WtC Facility achieves COD on or before the Scheduled COD. (b) Subject to Clause 14.7(c) below, the Concessionaire shall be entitled to a day-for-day extension of [the relevant Scheduled Project Milestone Completion Date or, as the case may be,]50 the Scheduled COD, if the completion of construction, Trial Operations, and testing of the Project Facilities is delayed due to any of the following reasons (each such event, a Delay Event): (i) occurrence of a Force Majeure Event, provided that the requirements of Article 26 have been complied with; (ii) a Change in Law; (iii) undue delay by the relevant Government Authority in granting or renewing any Applicable Permit, despite the Concessionaire having applied for such grant or renewal expeditiously and having complied with the requirements of Applicable Laws in making such application; (iv) undue delay by the relevant Government Authority in providing any utility connection, despite the Concessionaire having applied for such utility connection expeditiously and having complied with the requirements of Applicable Laws in making such application; (v) any delay attributable to unforeseen site conditions in accordance with Clause 10.4; (vi) delay by the Authority in approving the EMP and OHS Plan in accordance with Clause 14.4; (vii) delay by the Authority in approving the O&M Plan in accordance with Clause 18.2; (viii) delay by the Authority in approving the Waste Acceptance, Segregation and Rejection

Construction Timelines. (a) The Concessionaire shall comply with the DPR, the Construction Plan, the Designs and Drawings and the Technical Specifications and complete the construction of the Project Facilities so as to ensure that the WtC Facility achieves COD on or before the Scheduled CODConstruction Completion Date. (b) Subject to Clause 14.7(c7.11(c) below, the Concessionaire shall be entitled to a day-day- for-day extension of [the relevant Scheduled Project Payment Milestone Completion Date or, or as the case may be,]50 be, the Scheduled CODConstruction Completion Date, if the completion of construction, Trial Operations, and testing construction/ renovation of the Project Facilities is delayed due to any of the following reasons (each such event, a Delay Event): (i) occurrence of a Force Majeure Event, provided that the requirements of Article 26 14 have been complied with; (ii) a Qualifying Change in Law; (iii) undue delay by the relevant Government Authority in granting or renewing any Applicable Permit, despite the Concessionaire having applied for such grant or renewal expeditiously and having complied with the requirements of Applicable Laws in making such application; (iv) undue delay by the relevant Government Authority in providing any utility connection, despite the Concessionaire having applied for such utility connection expeditiously and having complied with the requirements of Applicable Laws in making such application; (v) any delay attributable to unforeseen site conditions in accordance with Clause 10.44.4; (vi) delay by the Authority Executive Agency in approving approval of the EMP Phase II Designs and OHS Plan Drawings in accordance with Clause 14.47.2; (vii) delay by the Authority Executive Agency in approving approval of the O&M Plan Manual in accordance with Clause 18.28.2; (viii) delay by the Authority ▇▇▇ ▇▇▇▇▇ in approval of the ESHS document in accordance with Article 7.4; (ix) delay by the Executive Agency in issuance of a Milestone Completion Certificate in accordance with Clause 7.13(a); (x) any variation proposed by the Executive Agency in the Technical Specifications or the Designs and Drawings in accordance with Article 20; or (xi) delay caused in complying with any instructions of the Executive Agency or the Project Engineer, which instructions are not attributable to any default of the Concessionaire. The Concessionaire shall promptly provide the Executive Agency (with a copy to the Project Engineer and NMCG) with a notice upon becoming aware of any Delay Event listed at Clause 7.11(b) above. The notice should specify the nature of the Delay Event, the extent of delay suffered or likely to be suffered by the Concessionaire and mitigation measures being taken by the Concessionaire. The issuance of the notice under this Clause 7.11(b), within 7 days from the date the Concessionaire became aware of the Delay Event, shall be a condition precedent to the Concessionaire's entitlement to an extension under Clause 7.11(b). (c) Without prejudice to the Concessionaire's obligations to notify the Executive Agency regarding the occurrence of a Delay Event above, the Concessionaire shall: (i) keep and maintain records as reasonably necessary to substantiate and establish claims for extensions under Clause 7.11(b); and (ii) give the Executive Agency and the Project Engineer access to such records and documents or provide the Executive Agency and the Project Engineer with copies, if so requested. (d) If the Concessionaire claims an extension of time in accordance with Clause 7.11(b) and the Executive Agency is of the opinion that such delay was caused or materially contributed to by any concurrent or interacting cause or causes of delay not listed in Clause 7.11(b) but solely attributable to the Concessionaire, then the Concessionaire shall not be entitled to any extension of time for the concurrent period of delay. (e) If two or more of the Delay Events listed in Clause 7.11(b) occur concurrently, then such concurrent period shall not be counted twice in determining an extension under Clause 7.11(b). (f) Except as provided in Clause 7.11(b), the Concessionaire shall not be entitled to any extension of time for any reason whatsoever, including due to: (i) delay caused in complying with any instructions of the Executive Agency or the Project Engineer which are attributable to any act or omission of the Concessionaire; (ii) failure of any Subcontractor to commence or carry out any work within the prescribed timelines; (iii) unavailability or shortage of equipment, materials, or any other resources; (iv) any delay in approving the Waste Acceptancedrafts of the Designs and Drawings, Segregation the Construction Plan, the ESHS Documents or any other document submitted by the Concessionaire due to any deficiencies or shortcomings in such drafts of the Designs and RejectionDrawings, the Construction Plan, the ESHS Documents or other documents, as the case may be; or (v) the Concessionaire's decision to construct the Power Plant at the Farrukhabad Site. (g) If any Delay Event affects the construction / renovation of the Farrukhabad Facilities or the Fatehgarh Facilities, but not both the Facilities, then the Concessionaire shall only be entitled to an extension of time to complete the Facility affected by such Delay Event. (h) Any Dispute between the Parties with respect to the occurrence, length of subsistence or consequence of any of the Delay Event shall be settled in a final and binding manner in accordance with Article 21 (Dispute Resolution).

Construction Timelines. (a) The Concessionaire shall comply with the DPR, the Construction Plan, the Designs and Drawings and the Technical Specifications and complete the construction of the Project Facilities so as to ensure that and the WtC Facility achieves COD restoration of the Associated Infrastructure on or before the Scheduled CODConstruction Completion Date. (b) Subject to Clause 14.7(c7.11(c) below, the Concessionaire shall be entitled to a day-day- for-day extension of [the relevant Scheduled Project Milestone PaymentMilestone Completion Date or, or as the case may be,]50 be, the Scheduled CODConstruction Completion Date, if the completion of construction, Trial Operations, and testing construction of the Project Facilities or restoration of the Associated Infrastructure is delayed due to any of the following reasons (each such event, a Delay Event): (i) occurrence of a Force Majeure Event, provided that the requirements of Article 26 14 have been complied with; (ii) a Qualifying Change in Law; (iii) undue delay by the relevant Government Authority in granting or renewing any Applicable Permit, despite the Concessionaire having applied for such grant or renewal expeditiously and having complied with the requirements of Applicable Laws in making such application; (iv) undue delay by the relevant Government Authority in providing any utility connection, despite the Concessionaire having applied for such utility connection expeditiously and having complied with the requirements of Applicable Laws in making such application; (v) any delay attributable to unforeseen site conditions in accordance with Clause 10.44.4; (vi) delay by failure to grant all necessary rights of way to the Authority in approving Concessionaire within90 days of the EMP and OHS Plan Effective Date, in accordance with Clause 14.44.1(d); (vii) delay by the Authority Jal ▇▇▇▇▇ in approving approval of the O&M Plan Designs and Drawings in accordance with Clause 18.27.2; (viii) delay by the Authority Jal ▇▇▇▇▇ in approval of the Construction Plan in accordance with Clause 7.3; (ix) delay by the Jal ▇▇▇▇▇ in approval of the O&M Manual in accordance with Clause 8.2; (x) delay by the Jal ▇▇▇▇▇ in issuance of a Milestone Completion Certificate in accordance with Clause 7.13(a); (xi) delay by the Jal ▇▇▇▇▇ in issuance of the Construction Completion Certificate in accordance with Clause 7.13(c); (xii) any variation proposed by the Jal ▇▇▇▇▇ in the Technical Specifications or the Designs and Drawings in accordance with Clause 7.16; or (xiii) delay caused in complying with any instructions of the Jal ▇▇▇▇▇ or the Project Engineer, which instructions are not attributable to any default of the Concessionaire. The Concessionaire shall promptly provide the Jal ▇▇▇▇▇ (with a copy to the Project Engineer and NMCG) with a notice upon becoming aware of any Delay Event listed at Clause 7.11(b) above. The notice should specify the nature of the Delay Event, the extent of delay suffered or likely to be suffered by the Concessionaire and mitigation measures being taken by the Concessionaire. The issuance of the notice under this Clause 7.11(b), within 7 days from the date the Concessionaire became aware of the Delay Event, shall be a condition precedent to the Concessionaire's entitlement to an extension under Clause 7.11(b). (c) Without prejudice to the Concessionaire's obligations to notify the Jal ▇▇▇▇▇ regarding the occurrence of a Delay Event above, the Concessionaire shall: (i) keep and maintain records as reasonably necessary to substantiate and establish claims for extensions under Clause 7.11(b); and (ii) give the Jal ▇▇▇▇▇ and the Project Engineer access to such records and documents or provide the Jal ▇▇▇▇▇ and the Project Engineer with copies, if so requested. (d) If the Concessionaire claims an extension of time in accordance with Clause 7.11(b) and the Jal ▇▇▇▇▇ is of the opinion that such delay was caused or materially contributed to by any concurrent or interacting cause or causes of delay not listed in Clause 7.11(b), then the Concessionaire shall not be entitled to any extension of time for the concurrent period of delay. (e) If two or more of the Delay Events listed in Clause 7.11(b) occur concurrently, then such concurrent period shall not be counted twice in determining an extension under Clause 7.11(b). (f) Except as provided in Clause 7.11(b), the Concessionaire shall not be entitled to any extension of time for any reason whatsoever, including due to: (i) delay caused in complying with any instructions of the Jal ▇▇▇▇▇ or the Project Engineer which are attributable to any act or omission of the Concessionaire; (ii) failure of any Subcontractor to commence or carry out any work within the prescribed timelines; (iii) unavailability or shortage of equipment, materials, or any other resources; (iv) any delay in approving the Waste Acceptancedrafts of the Designs and Drawings, Segregation the Construction Plan, the EHS Plan or any other document submitted by the Concessionaire due to any deficiencies or shortcomings in such drafts of the Designs and RejectionDrawings, the Construction Plan, the EHS Plan or other documents, as the case may be; or (v) the Concessionaire's decision to construct the Power Plant at the Site. (g) Any Dispute between the Parties with respect to the occurrence, length of subsistence or consequence of any of the Delay Event shall be settled in a final and binding manner in accordance with Article 20 (Dispute Resolution).

Construction Timelines. (a) The Concessionaire shall comply with the DPR, the Construction Plan, the Designs and Drawings and the Technical Specifications and complete the construction of the Project Facilities so as to ensure that the WtC Facility achieves COD on or before the Scheduled CODConstruction Completion Date. (b) Subject to Clause 14.7(c7.11(c) below, the Concessionaire shall be entitled to a day-for-for- day extension of [the relevant Scheduled Project Payment Milestone Completion Date or, or as the case may be,]50 be, the Scheduled CODConstruction Completion Date, if the completion of construction, Trial Operations, and testing construction of the Project Facilities is delayed due to any of the following reasons (each such event, a Delay Event): (i) occurrence of a Force Majeure Event, provided that the requirements of Article 26 14 have been complied with; (ii) a Qualifying Change in Law; (iii) undue delay by the relevant Government Authority in granting or renewing any Applicable Permit, despite the Concessionaire having applied for such grant or renewal expeditiously and having complied with the requirements of Applicable Laws in making such application; (iv) undue delay by the relevant Government Authority in providing any utility connection, despite the Concessionaire having applied for such utility connection expeditiously and having complied with the requirements of Applicable Laws in making such application; (v) any delay attributable to unforeseen site conditions in accordance with Clause 10.44.4; (vi) delay by the Authority Jal ▇▇▇▇▇ in approving approval of the EMP Phase II Designs and OHS Plan Drawings in accordance with Clause 14.47.2; (vii) delay by the Authority Jal ▇▇▇▇▇ in approving approval of the O&M Plan Manual in accordance with Clause 18.28.2; (viii) delay by the Authority Jal ▇▇▇▇▇ in issuance of a Milestone Completion Certificate in accordance with Clause 7.13(a); (ix) any variation proposed by the Jal ▇▇▇▇▇ in the Technical Specifications or the Designs and Drawings in accordance with Article 20; or (x) delay caused in complying with any instructions of the Jal ▇▇▇▇▇ or the Project Engineer, which instructions are not attributable to any default of the Concessionaire. The Concessionaire shall promptly provide the Jal ▇▇▇▇▇ (with a copy to the Project Engineer and NMCG) with a notice upon becoming aware of any Delay Event listed at Clause 7.11(b) above. The notice should specify the nature of the Delay Event, the extent of delay suffered or likely to be suffered by the Concessionaire and mitigation measures being taken by the Concessionaire. The issuance of the notice under this Clause 7.11(b), within 7 days from the date the Concessionaire became aware of the Delay Event, shall be a condition precedent to the Concessionaire's entitlement to an extension under Clause 7.11(b). (c) Without prejudice to the Concessionaire's obligations to notify the Jal ▇▇▇▇▇ regarding the occurrence of a Delay Event above, the Concessionaire shall: (i) keep and maintain records as reasonably necessary to substantiate and establish claims for extensions under Clause 7.11(b); and (ii) give the Jal ▇▇▇▇▇ and the Project Engineer access to such records and documents or provide the Jal ▇▇▇▇▇ and the Project Engineer with copies, if so requested. (d) If the Concessionaire claims an extension of time in accordance with Clause 7.11(b) and the Jal ▇▇▇▇▇ is of the opinion that such delay was caused or materially contributed to by any concurrent or interacting cause or causes of delay not listed in Clause 7.11(b), then the Concessionaire shall not be entitled to any extension of time for the concurrent period of delay. (e) If two or more of the Delay Events listed in Clause 7.11(b) occur concurrently, then such concurrent period shall not be counted twice in determining an extension under Clause 7.11(b). (f) Except as provided in Clause 7.11(b), the Concessionaire shall not be entitled to any extension of time for any reason whatsoever, including due to: (i) delay caused in complying with any instructions of the Jal ▇▇▇▇▇ or the Project Engineer which are attributable to any act or omission of the Concessionaire; (ii) failure of any Subcontractor to commence or carry out any work within the prescribed timelines; (iii) unavailability or shortage of equipment, materials, or any other resources; (iv) any delay in approving the Waste Acceptancedrafts of the Designs and Drawings, Segregation the Construction Plan, the EHS Plan or any other document submitted by the Concessionaire due to any deficiencies or shortcomings in such drafts of the Designs and RejectionDrawings, the Construction Plan, the EHS Plan or other documents, as the case may be; or (v) the Concessionaire's decision to construct the Power Plant. (g) If any Delay Event affects the construction of the Jagjeetpur Facilities or the Sarai Facilities, but not both the Facilities, then the Concessionaire shall only be entitled to an extension of time to complete the Facility affected by such Delay Event. (h) Any Dispute between the Parties with respect to the occurrence, length of subsistence or consequence of any of the Delay Event shall be settled in a final and binding manner in accordance with Article 21 (Dispute Resolution).

Construction Timelines. (a) The Concessionaire shall comply with the DPR, the Construction PlanPlans, the Designs and Drawings and the Technical Specifications and complete the construction and rehabilitation of the Project Mirzapur Facilities so as to ensure that the WtC Facility achieves COD on or before the Scheduled CODMirzapur Construction Completion Date. (b) Subject to Clause 14.7(c7.11(c) below, the Concessionaire shall be entitled to a day-for-day extension of [the relevant Scheduled Project Payment Milestone Completion Date or, as the case may be,]50 and the Scheduled COD, Mirzapur Construction Completion Date if the completion of construction, Trial Operations, and testing construction or rehabilitation of the Project Mirzapur Facilities is delayed due to any of the following reasons (each such event, a Delay Event): (i) occurrence of a Force Majeure Event, provided that the requirements of Article 26 14 have been complied with; (ii) a Qualifying Change in Law; (iii) undue delay by the relevant Government Authority in granting or renewing any Applicable Permit, despite the Concessionaire having applied for such grant or renewal expeditiously and having complied with the requirements of Applicable Laws in making such application; (iv) undue delay by the relevant Government Authority in providing any utility connection, despite the Concessionaire having applied for such utility connection expeditiously and having complied with the requirements of Applicable Laws in making such application; (v) any delay attributable to unforeseen site conditions in accordance with Clause 10.44.4; (vi) delay by the Authority Jal ▇▇▇▇▇ in approving approval of the EMP Phase II Designs and OHS Plan Drawings in accordance with Clause 14.47.2; (vii) delay by the Authority Jal ▇▇▇▇▇ in approving approval of the O&M Plan Manual in accordance with Clause 18.28.2; (i) delay by the Jal ▇▇▇▇▇ in approval of the ESHS document in accordance with Article 7.4; (viii) delay by the Authority Executive Agency in issuance of a Milestone Completion Certificate in accordance with Clause 7.13(a); (ix) any variation proposed by the Jal ▇▇▇▇▇ in the Technical Specifications or the Designs and Drawings in accordance with Article 20; (x) delay caused in complying with any instructions of the Jal ▇▇▇▇▇ or the Project Engineer, which instructions are not attributable to any default of the Concessionaire. The Concessionaire shall promptly provide the Jal ▇▇▇▇▇ (with a copy to the Project Engineer and NMCG) with a notice upon becoming aware of any Delay Event listed at Clause 7.11(b) above. The notice should specify the nature of the Delay Event, the extent of delay suffered or likely to be suffered by the Concessionaire and mitigation measures being taken by the Concessionaire. The issuance of the notice under this Clause 7.11(b), within 7 days from the date the Concessionaire became aware of the Delay Event, shall be a condition precedent to the Concessionaire's entitlement to an extension under Clause 7.11(b). (c) Without prejudice to the Concessionaire's obligations to notify the Jal ▇▇▇▇▇ regarding the occurrence of a Delay Event above, the Concessionaire shall: (i) keep and maintain records as reasonably necessary to substantiate and establish claims for extensions under Clause 7.11(b); and (ii) give the Jal ▇▇▇▇▇ and the Project Engineer access to such records and documents or provide the Jal ▇▇▇▇▇ and the Project Engineer with copies, if so requested. (d) If the Concessionaire claims an extension of time in accordance with Clause 7.11(b) and the Jal ▇▇▇▇▇ is of the opinion that such delay was caused or materially contributed to by any concurrent or interacting cause or causes of delay not listed in Clause 7.11(b) but solely attributable to the Concessionaire, then the Concessionaire shall not be entitled to any extension of time for the concurrent period of delay. (e) If two or more of the Delay Events listed in Clause 7.11(b) occur concurrently, then such concurrent period shall not be counted twice in determining an extension under Clause 7.11(b). (f) Except as provided in Clause 7.11(b), the Concessionaire shall not be entitled to any extension of time for any reason whatsoever, including due to: (i) delay caused in complying with any instructions of the Jal ▇▇▇▇▇ or the Project Engineer which are attributable to any act or omission of the Concessionaire; (ii) failure of any Subcontractor to commence or carry out any work within the prescribed timelines; (iii) unavailability or shortage of equipment, materials, or any other resources; (iv) any delay in approving the Waste Acceptancedrafts of the Designs and Drawings, Segregation the relevant Construction Plan, the ESHS Documents or any other document submitted by the Concessionaire due to any deficiencies or shortcomings in such drafts of the Designs and RejectionDrawings, the relevant Construction Plan, the ESHS Documents or other documents, as the case may be; or (v) the Concessionaire's decision to construct the Power Plant at the Mirzapur Site. (g) Any Dispute between the Parties with respect to the occurrence, length of subsistence or consequence of any of the Delay Event shall be settled in a final and binding manner in accordance with Article 21 (Dispute Resolution).