Common use of Construction Timelines Clause in Contracts

Construction Timelines. a. The Concessionaire shall comply with the Construction Plan, the Designs and Drawings and the Technical Specifications and complete the construction/renovation for (i) Tolly Nallah STP 1 by Scheduled Tolly Nallah STP 1 Construction Completion Date; (ii) Tolly Nallah STP 2 by Scheduled Tolly Nallah STP 2 Construction Completion Date; (iii) Tolly Nallah STP 3 by Scheduled Tolly Nallah STP 3 Construction Completion Date; (iv) Existing Tolly Nallah Infrastructure 1 by Scheduled Existing Tolly Nallah Infrastructure 1 Construction Completion Date; (v) Existing Tolly Nallah Infrastructure 2 by Scheduled Existing Tolly Nallah Infrastructure 2 Construction Completion Date; and (vi) Garden Reach STP by Scheduled Garden Reach Construction Completion Date. b. Subject to Article 7.11(c) below, the Concessionaire shall be entitled to a day-for-day extension of the relevant Scheduled Payment Milestone Completion Date or the relevant Scheduled Tolly Nallah Construction Completion Date or Scheduled Garden Reach Construction Completion Date, as the case may be, if the completion of construction/renovation of any location‟s 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 14 have been complied with;

Construction Timelines. a. (a) The Concessionaire shall comply with the Construction Plan, the Designs and Drawings and the Technical Specifications and complete the construction/renovation for (i) Tolly Nallah construction of the STP 1 by Facilities on or before the Scheduled Tolly Nallah STP 1 Construction Completion Date; (ii) Tolly Nallah STP 2 by Scheduled Tolly Nallah STP 2 Construction Completion Date; (iii) Tolly Nallah STP 3 by Scheduled Tolly Nallah STP 3 Construction Completion Date; (iv) Existing Tolly Nallah Infrastructure 1 by Scheduled Existing Tolly Nallah Infrastructure 1 Construction Completion Date; (v) Existing Tolly Nallah Infrastructure 2 by Scheduled Existing Tolly Nallah Infrastructure 2 Construction Completion Date; and (vi) Garden Reach STP by Scheduled Garden Reach Construction Completion Date. b. (b) Subject to Article Clause 7.11(c) below, the Concessionaire shall be entitled to a day-for-for- day extension of the relevant Scheduled STP Payment Milestone Completion Date or the relevant Scheduled Tolly Nallah Construction Completion Date or Scheduled Garden Reach Construction Completion Date, as the case may be, the Scheduled STP Construction Completion Date, if the completion of construction/renovation construction of any location‟s facilities the Digha STP Facilities or the Kankarbagh STP Facilities is delayed due to any of the following reasons (each such event, a termed as Delay Event, as the context may require): i. (i) occurrence of a Force Majeure Event, provided that the requirements of Article 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 4.4; (vi) delay by BUIDCO in approval of the Phase II Designs and Drawings in accordance with Clause 7.2; (vii) delay by BUIDCO in approval of the O&M Manual in accordance with Clause 8.2; (viii) delay by BUIDCO in issuance of a STP Milestone Completion Certificate in accordance with Clause 7.13(a); (ix) any variation proposed by BUIDCO in the Technical Specifications or the Designs and Drawings in accordance with Article 20; or (x) delay caused in complying with any instructions of BUIDCO or the Project Engineer, which instructions are not attributable to any default of the Concessionaire. The Concessionaire shall promptly provide BUIDCO (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 to the Concessionaire's entitlement to an extension under Clause 7.11(b). (c) Without prejudice to the Concessionaire's obligations to notify BUIDCO 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 BUIDCO and the Project Engineer access to such records and documents or provide BUIDCO 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 BUIDCO 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 BUIDCO 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 drafts of the Designs and Drawings, 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 Drawings, 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 STP Site. (g) If any Delay Event affects the construction of the Digha STP Facilities or the Kankarbagh STP Facilities, but not both the STP Facilities, then the Concessionaire shall only be entitled to an extension of time to complete the STP 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 Construction Plan, the Designs and Drawings and the Technical Specifications and complete the construction/renovation for (i) Tolly Nallah STP 1 by Scheduled Tolly Nallah STP 1 Construction Completion Date; (ii) Tolly Nallah STP 2 by Scheduled Tolly Nallah STP 2 Construction Completion Date; (iii) Tolly Nallah STP 3 by Scheduled Tolly Nallah STP 3 Construction Completion Date; (iv) Existing Tolly Nallah Infrastructure 1 by Scheduled Existing Tolly Nallah Infrastructure 1 Construction Completion Date; (v) Existing Tolly Nallah Infrastructure 2 by Scheduled Existing Tolly Nallah Infrastructure 2 Construction Completion Date; and (vi) Garden Reach STP by Scheduled Garden Reach Construction Completion Date. b. . Subject to Article 7.11(c) below, the Concessionaire shall be entitled to a day-for-day extension of the relevant Scheduled Payment Milestone Completion Date or the relevant Scheduled Tolly Nallah Construction Completion Date or Scheduled Garden Reach Construction Completion Date, as the case may be, if the completion of construction/renovation of any location‟s 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 14 have been complied with;; a Qualifying Change in Law; 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; 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; any delay attributable to unforeseen site conditions in accordance with Article 4.4; delay by the KMC in approval of the Phase II Designs and Drawings in accordance with Article 7.2; delay by the KMC in approval of the O&M Manual in accordance with Article 7.2 delay by the KMC in issuance of a Milestone Completion Certificate in accordance with Article 7.13(a); any variation proposed by the KMC in the Technical Specifications or the Designs and Drawings in accordance with Article 20; or delay caused in complying with any instructions of the KMC or the Project Engineer, which instructions are not attributable to any default of the Concessionaire. The Concessionaire shall promptly provide the KMC (with a copy to the Project Engineer and NMCG) with a notice upon becoming aware of any Delay Event listed at Article 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 Article 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 Article 7.11(b). Without prejudice to the Concessionaire's obligations to notify the KMC 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 Article 7.11(b); and (ii) give the KMC and the Project Engineer access to such records and documents or provide the KMC and the Project Engineer with copies, if so requested. If the Concessionaire claims an extension of time in accordance with Article 7.11(b) and the KMC 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 Article 7.11(b), then the Concessionaire shall not be entitled to any extension of time for the concurrent period of delay. If two or more of the Delay Events listed in Article 7.11(b) occur concurrently, then such concurrent period shall not be counted twice in determining an extension under Article 7.11(b). Except as provided in Article 7.11(b), the Concessionaire shall not be entitled to any extension of time for any reason whatsoever, including due to: delay caused in complying with any instructions of the KMC or the Project Engineer which are attributable solely to any act or omission of the Concessionaire; failure of any Subcontractor to commence or carry out any work within the prescribed timelines; unavailability or shortage of equipment, materials, or any other resources; any delay in approving the drafts of the Designs and Drawings, 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 Drawings, the Construction Plan, the ESHS Documents or other documents, as the case may be; or the Concessionaire's decision to construct the Power Plant at the relevant Site. If any Delay Event affects the construction/renovation of the Facilities, but not all the Facilities, then the Concessionaire shall only be entitled to an extension of time to complete the Facility/Facilities affected by such Delay Event. Any Dispute between the Parties with respect to the occurrence, length of subsistence or consequence of any of the Delay Events shall be settled in a final and binding manner in accordance with Article 21 (Dispute Resolution).