Common use of Grant of Concession and Implementation of CHP5 Project Clause in Contracts

Grant of Concession and Implementation of CHP5 Project. 3.1.1 The Government grants a concession to the Concessionaire to undertake the CHP5 Project in accordance with the terms of this Agreement. 3.1.2 The Concessionaire shall design, finance, construct, Commission, operate and maintain the Plant in accordance with all applicable Laws of Mongolia, the Concessionaire Authorisations, the Environmental Standards, this Agreement, and the other CHP5 Project Agreements. 3.1.3 Subject to Clause 3.1.4, the Government shall provide the Site on the Site Access Date to the Concessionaire in a construction-ready condition, cleared of all buildings or other structures, either above or below ground, that would interfere with, delay or increase the cost of construction of the Plant. Without limiting the generality of the foregoing, prior to the Site Access Date, the Government shall remove all above ground structures from the Site and dig up and remove from the Site all underground pipes, cables, tanks or other structures (including caves and historical archaeological artefacts) and complete any remediation work at the Site required by the Laws of Mongolia (including the removal of any Hazardous Materials and the Environmental Standards) or to prepare the Site for construction of the Plant (including any levelling works that may be required to contain and divert water flows). The CHP5 Task Force shall discuss and make recommendations to the Parties in respect of the specific works that the Government is required to carry out under this Clause 3.1.3. 3.1.4 The Concessionaire may agree, upon receipt of a request from the Government, to carry out some or all of the works that the Government is required to carry out under Clause 3.1.3 upon terms and conditions (including the costs and expenses) to be agreed between the Parties and shall reimburse such agreed costs and expenses through an agreed tariff adjustment. 3.1.5 The condition of the Site on the Effective Date shall be determined by the Environmental Expert and set out in the Site Baseline Report. Without prejudice to Clause 6.2, the Concessionaire shall be entitled to: 3.1.5.1 a day-for-day extension to the Required Commercial Operations Date for each Unit and for the Plant (as applicable) for each day of delay caused to the achievement of the Commercial Operations Date for each such Unit and for the Plant by reason of the delay by the Government in complying with its obligations under Clause 3.1.3 provided that the Concessionaire shall not be entitled to such extension to the extent that such delay would have nevertheless been experienced by the Concessionaire; and 3.1.5.2 be indemnified by the Government for all its Loss incurred, suffered or sustained as a result of the Government’s breach of Clause 3.1.3 which is not recoverable under Clause 6.2.1 or pursuant to any insurance policies or from any other person. 3.1.6 The Concessionaire shall be entitled to compensation with respect to the Concession and the CHP5 Project as provided in this Agreement, the Power Purchase Agreement and the Heat Purchase Agreement. 3.1.7 The Concessionaire shall meet the minimum capital and other requirements of the Laws of Mongolia with respect to an entity of its type. At the date of this Agreement, the amount of paid in capital of the Concessionaire is [redacted information].