Dismantling and De-commissioning of Lifts Sample Clauses

Dismantling and De-commissioning of Lifts. If, in the reasonable opinion of DMRC there exists a requirement(s) which warrants the immediate dismantling and de-commissioning and closure to passenger use of whole or any part of the Lifts, the Lessor shall dismantle and de-commission and withdraw the Lifts in accordance with such requirement(s). DMRC may, in its discretion, issue additional directions to the Lessor for dealing with such situations and the Lessor shall abide by such directions. Maintenance Charges of the said the said dismantled Lift shall be not be paid by DMRC to Lessor as long as the dismantled Lift is not in public use however Lease Charges of the said Lift shall continue to be paid to Lessor till its original lease period. What are the situations in which DMRC may direct the Lessor to dismantle, decommission and withdraw the lifts? How would DMRC arrive at a ‘reasonable opinion’ on the requirement of dismantling de- commissioning and closure of lifts for public use? Whether the Lessor would be reimbursed the cost incurred towards dismantling and decommissioning of lift? Proposed Clause:- The situations under which lifts may have to be dismantled, decommissioned and withdrawn should be explicitly stated in the Agreement. The Agreement should provide for a reasonable mechanism for DMRC to arrive at the reasonable opinion of dismantling, decommissioning and withdrawal of lifts. The cost of dismantling and decommissioning lifts should be reimbursed by DMRC to the Lessor Rationale: - Article 16.5.1 provides that if in the reasonable opinion of DMRC there exists a requirement which warrants the immediate dismantling and de- commissioning and closure to Please follow tender condition(s) passenger use of whole or any part of the Lifts, the Lessor shall dismantle and de- commission and withdraw the Lifts in accordance with such requirement. It is not clear as to what could be the situations where DMRC may direct dismantling, de- commissioning and closure of lifts. Further, the expression ‘reasonable opinion’ is wide in nature and there is no clarity how DMRC will arrive at its reasonable opinion. The Agreement should be amended to explicitly provide for the mechanism on the basis of which DMRC will decide on dismantling, decommissioning and closure of lifts. The Lessor will incur significant cost of dismantling the lifts. Such cost should be reimbursed by DMRC to the Lessor.
Sample 1
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