Common use of Independent Engineer Clause in Contracts

Independent Engineer. (a) The Independent Engineer shall be selected through a tender process. The Concessioning Authority shall in the procurement documents published by it, set out in reasonable detail the scope of work as indicated in Appendix 7 and shortlist bidders based on their technical capability. The Concessioning Authority shall within 30 (thirty) Days of the date of this Agreement forward to the Concessionaire a list consisting of the names accompanied by their respective profile in brief of Persons so shortlisted. If within 15 (fifteen) Days of forwarding the list, the Concessioning Authority does not receive any objection from the Concessionaire with reasons therefore, the Concessioning Authority shall call for a financial bid from the shortlisted Persons and select the Independent Engineer ordinarily based on the lowest fee quote. Any objection raised by the Concessionaire shall be considered by the Concessioning Authority and Persons against whom such objections are raised will at the discretion of the Concessioning Authority, which discretion shall be used with the highest degree of prudence and fairness, be disqualified prior to seeking a financial bid. (b) The Independent Engineer selected pursuant to the aforesaid process shall be appointed for a period commencing from the Date of Award of Concession to the date of expiry of 6 (six) months from the Date of Commercial Operations. The scope of work of the Independent Engineer shall be substantially as set out in Appendix 7. (c) The costs and expenses of the Independent Engineer shall be borne by the Concessioning Authority and Concessionaire, equally. (d) If the Concessioning Authority either on its own or on a report of the Concessionaire has reason to believe that the Independent Engineer is not discharging its duties in a fair, appropriate and diligent manner, the Concessioning Authority may after giving the Independent Engineer due opportunity of being heard, terminate the appointment of the Independent Engineer and appoint another firm in its place in accordance with the preceding clause (a) above. (e) If either Party disputes any advice, instruction or decision of the Independent Engineer, the dispute shall be resolved in accordance with the dispute resolution procedure set out in Article 19.

Independent Engineer. (a) The Independent Engineer shall be selected through a tender processout of the panel prepared for the purpose by the Indian Ports Association or an industry expert who may be an individual or an agency from the industry having relevant experience of development or construction of Marina as per Adopted Standards mentioned in this Agreement. The Concessioning Authority shall in the procurement documents documents6 published by it, set out in reasonable detail the scope of work as indicated in Appendix 7 and shortlist bidders based on their technical capability. The Concessioning Authority shall within 30 (thirty) Days of the date of this Agreement forward to the Concessionaire a list consisting of the names accompanied by their respective profile in brief of Persons so shortlisted. If within 15 (fifteen) Days of forwarding the list, the Concessioning Authority does not receive any objection from the Concessionaire with reasons thereforetherefor, the Concessioning Authority shall call for a financial bid from the shortlisted Persons and select the Independent Engineer ordinarily based on the lowest fee quote. Any objection raised by the Concessionaire shall be considered by the Concessioning Authority and Persons against whom such objections are raised will at the discretion of the Concessioning Authority, which discretion shall be used with the highest degree of prudence and fairness, be disqualified prior to seeking a financial bid. (b) The Independent Engineer selected pursuant to the aforesaid process shall be appointed for a period commencing from the Date of Award of Concession to the date of expiry of 6 (six) months from the Date of Commercial OperationsOperation Date. The scope of work of the Independent Engineer shall be substantially as set out in Appendix 7. Work of certification of Performance Parameters as stipulated in this Agreement shall be done by Indian Ports Association during the remaining concession period (During the operations period). (c) The costs and expenses of the Independent Engineer and Indian Ports Association for their services shall be borne by the Concessioning Authority and Concessionaire, equally. (d) If the Concessioning Authority either on its own or on a report of the Concessionaire has reason to believe that the Independent Engineer is not discharging its duties in a fair, appropriate and diligent manner, the Concessioning Authority may after giving the Independent Engineer due opportunity of being heard, terminate the appointment of the Independent Engineer and appoint another firm in its place in accordance with the preceding clause (a) above. (e) If either Party disputes any advice, instruction or decision of the Independent Engineer, the dispute shall be resolved in accordance with the dispute resolution procedure set out in Article 19. 6The Concessioning Authority shall to the extent possible use standard bidding documents prescribed by the Ministry of Finance for appointment of consultants and make available the relevant documents to the Concessionaire.

Independent Engineer. (a) The Independent Engineer shall be a technical consultancy firm selected in accordance with provisionsof the Model Request for Proposals for Selection of Technical Consultants, issued by the Ministry of Finance, GOI vide OM 24(23)/PF-II/2008 dated May 21, 2009, or any substitute thereof. If any panel of such firms is prepared by Indian Ports Association for the purpose, then Independent Engineer shall be selected through out of that panel. The Concessioning Authority shall complete the selection process within a tender processperiod of 3 months of the date of this Agreement. The Concessioning Authority shall in the procurement documents published by it, set out in reasonable detail the scope of work as indicated in Appendix 7 and shortlist bidders based on their technical capability. The Concessioning Authority shall within 30 (thirty) Days of the date of this Agreement forward to the Concessionaire a list consisting of the names accompanied by their respective profile in brief of Persons so shortlisted. If within 15 (fifteen) Days of forwarding the list, the Concessioning Authority does not receive any objection from the Concessionaire with reasons therefore, the Concessioning Authority shall call for a financial bid from the shortlisted Persons and select the Independent Engineer ordinarily based on the lowest fee quote. Any objection raised by the Concessionaire shall be considered by the Concessioning Authority and Persons against whom such objections are raised will at the discretion of the Concessioning Authority, which discretion shall be used with the highest degree of prudence and fairness, be disqualified prior to seeking a financial bid7. (b) The Independent Engineer selected pursuant to the aforesaid process shall be appointed for a period aperiod commencing from the Date of Award of Concession to [the date of expiry of 6 (six) months from the Date of Commercial OperationsCOD]. The scope of work of the Independent Engineer shall be substantially as set out in outin Appendix 7. On expiry or termination of the aforesaid appointment, the Concessioning Authority shall appoint an Independent Engineer for a further term of 3 (three) years in accordance with the provisions of Appendix 7, and such procedure shall be repeated after expiry of each appointment. (c) The costs and expenses of the Independent Engineer for their services shall be borne by the Concessioning Authority and Concessionaire, equally. (d) If the Concessioning Authority either on its own or on a report of the Concessionaire has reason to reasonto believe that the Independent Engineer is not discharging its duties in a fair, appropriate and diligent anddiligent manner, the Concessioning Authority may after giving the Independent Engineer due opportunity dueopportunity of being heard, terminate the appointment of the Independent Engineer and appoint another firm in its place in accordance with the preceding clause (a) above. (e) If either Party disputes any advice, instruction or decision of the Independent Engineer, the dispute thedispute shall be resolved in accordance with the dispute resolution procedure set out accordancewiththedisputeresolutionproceduresetout in Article 19. f) In the event that the Concessioning Authority has not appointed an Independent Engineer, or the Independent Engineer so appointed has relinquished its functions or defaulted in dischargethereof, the Concessioning Authority may, in the interim, designate and authorise any person fora maximum duration of 90 days to discharge the functions of the Independent Engineer inaccordance with the provisions of this Agreement, save and except that such person shall not exercise any functions relating to review, comment, approval or inspection as specified in thisAgreement for and in respect of the Independent Engineer, and such functions shall be discharged as andwhen an Independent Engineer is appointed in accordance with the provisions of this Agreement. Provided, however, that nothing contained in this Clause 5.1 (f) shall in anymanner restrict the rights of the Concessioning Authority to enforce compliance of the provisionsof this Agreement.

Independent Engineer. (a) The 5.1 Independent Engineer shall be a technical consultancy firm selected by the Authority through a tender process. process within a period of 3 months of the date of this Contract.. The Concessioning Authority shall in the procurement documents published by it, set out in reasonable detail the scope of work as indicated in Appendix 7 and shortlist bidders based on their technical capability. The Concessioning Authority shall within 30 (thirty) Days of the date of this Agreement forward to the Concessionaire Contractor a list consisting of the names accompanied by their respective profile in brief of Persons persons/firms so shortlisted. If within 15 (fifteen) Days of forwarding the list, the Concessioning Authority does not receive any objection from the Concessionaire with reasons therefore, the Concessioning Authority shall call for a financial bid from the shortlisted Persons and select the Independent Engineer ordinarily based on the lowest fee quote. . 5.2 Any objection raised by the Concessionaire Contractor shall be considered by the Concessioning Authority and Persons against whom such objections are raised will at the discretion of the Concessioning Authority, which discretion shall be used with the highest degree of prudence and fairness, be disqualified prior to seeking a financial bid. 5.3 If within 15 (bfifteen) Days of forwarding the list, the Authority does not receive any objection from the Contractor with reasons therefor, the Authority shall call for financial bids from the shortlisted persons/ firms and select the Independent Engineer r ordinarily based on the lowest fee quote for respective position. 5.4 The Independent Engineer selected pursuant to the aforesaid process shall be appointed for a period commencing from the Date within 90 (Ninety) Days of Award of Concession to the date of this Contract. The Independent Engineer shall discharge its duties and functions substantially in accordance with the terms of reference set forth in Annexure -V. The Independent Engineer shall submit regular periodic reports (at least once every month) to the Authority in respect of its duties and functions set forth in Annexure -V. 5.5 On expiry or termination of the aforesaid appointment, the Authority shall appoint an Independent Engineer for a further term of 3 (three) years in accordance with the provisions of Annexure -V, and such procedure shall be repeated after expiry of 6 (six) months from the Date of Commercial Operations. each appointment. 5.6 The scope of work of the Independent Engineer shall be substantially inter-alia include work of certification of Performance Parameters as set out stipulated in Appendix 7this Agreement 5.7 The scope of work of Independent Engineer shall inter-alia include work of validating insufficient LAD as stipulated in this Contract. Validating occasions of unsuccessful vessel passage due to physical obstruction in vessel passage including but not limited to insufficient LAD. The Independent Engineer shall validate/ certify that unsuccessful passage is not due to Contractor default subject to the following conditions: (a) Contractor has taken an informed decision about the size of the vessel and volume of cargo that can pass through the waterway by checking the LAD information updated weekly by the Authority on their website or any other source of information used in the future. (cb) Contractor has adhered to the waterway channel as declared by the Authority in their navigational charts updated periodically. 5.8 The costs and expenses of the Independent Engineer for their services shall be borne by the Concessioning Authority and ConcessionaireContractor, equally. (d) 5.9 If the Concessioning Authority either on its own or on a report of the Concessionaire Contractor has reason to believe that the Independent Engineer is not discharging its duties in a fair, appropriate and diligent manner, the Concessioning Authority may after giving the Independent Engineer due opportunity of being heard, terminate the appointment of the Independent Engineer/ Independent Engineer and appoint another firm in its place in accordance with the preceding clause (a) Article 5.1 above. (e) 5.10 If either Party disputes any advice, instruction or decision of the Independent EngineerEngineer , the dispute shall be resolved in accordance with the dispute resolution procedure set out in Article 19. 5.11 The Authority shall require the Independent Engineer to designate and notify to the Authority and the Contractor up to 2 (two) persons employed in its firm to sign for and on behalf of the Independent Engineer, and any communication or document required to be signed by the Independent Engineer shall be valid and effective only if signed by any of the designated persons; provided that the Independent Engineer may, by notice in writing, substitute any of the designated persons by any of its employees. 5.12 In the event that the Authority has not appointed an Independent Engineer, or the Independent Engineer so appointed has relinquished its functions or defaulted in discharge thereof, the Authority may, in the interim, designate and authorise any person for a maximum duration of 90 days to discharge the functions of the Independent Engineer in accordance with the provisions of this Contract, save and except that such person shall not exercise any functions relating to review, comment, approval or inspection as specified in this Contract for and in respect of the Independent Engineer, and such functions shall be discharged as and when an Independent Engineer is appointed in accordance with the provisions of this Contract. Provided, however, that nothing contained in this Article 5.11 shall in any manner restrict the rights of the Authority to enforce compliance of the provisions of this Contract.

Independent Engineer. (a) The Independent Engineer shall be a technical consultancy firm selected in accordance with provisions of the Model Request for Proposals for Selection of Technical Consultants, issued by the Ministry of Finance, GOI vide OM 24(23)/PF-II/2008 dated May 21, 2009, or any substitute thereof. If any panel of such firms is prepared by Indian Ports Association for the purpose, then Independent Engineer shall be selected through out of that panel. The Concessioning Authority shall complete the selection process within a tender processperiod of 3 months of the date of this Agreement. The Concessioning Authority shall in the procurement documents documents20 published by it, set out in reasonable detail the scope of work as indicated in Appendix 7 and shortlist bidders based on their technical capability. The Concessioning Authority shall within 30 (thirty) Days of the date of this Agreement forward to the Concessionaire a list consisting of the names accompanied by their respective profile in brief of Persons so shortlisted. If within 15 (fifteen) Days of forwarding the list, the Concessioning Authority does not receive any objection from the Concessionaire with reasons therefore, the Concessioning Authority shall call for a financial bid from the shortlisted Persons and select the Independent Engineer ordinarily based on the lowest fee quote. Any objection raised by the Concessionaire shall be considered by the Concessioning Authority and Persons against whom such objections are raised will at the discretion of the Concessioning Authority, which discretion shall be used with the highest degree of prudence and fairness, be disqualified prior to seeking a financial bid7. (b) The Independent Engineer selected pursuant to the aforesaid process shall be appointed for a period commencing from the Date of Award of Concession to [the date of expiry of 6 (six) months from the Date of Commercial OperationsCOD]. The scope of work of the Independent Engineer shall be substantially as set out in Appendix 7. On expiry or termination of the aforesaid appointment, the Concessioning Authority shall appoint an Independent Engineer for a further term of 3 (three) years in accordance with the provisions of Appendix 7, and such procedure shall be repeated after expiry of each appointment. (c) The costs and expenses of the Independent Engineer for their services shall be borne by the Concessioning Authority and Concessionaire, equally. (d) If the Concessioning Authority either on its own or on a report of the Concessionaire has reason to believe that the Independent Engineer is not discharging its duties in a fair, appropriate and diligent manner, the Concessioning Authority may after giving the Independent Engineer due opportunity of being heard, terminate the appointment of the Independent Engineer and appoint another firm in its place in accordance with the preceding clause (a) above. (e) If either Party disputes any advice, instruction or decision of the Independent Engineer, the dispute shall be resolved in accordance with the dispute resolution procedure set out in Article 19. (f) In the event that the Concessioning Authority has not appointed an Independent Engineer, or the Independent Engineer so appointed has relinquished its functions or defaulted in discharge thereof, the Concessioning Authority may, in the interim, designate and authorise any person for a maximum duration of 90 days to discharge the functions of the Independent Engineer in

Independent Engineer. (a) The Independent Engineer shall be selected through a tender process. a. The Concessioning Authority shall in the procurement documents published by it, set out in reasonable detail the scope of work as indicated in Appendix 7 and shortlist bidders based on their technical capability. The Concessioning Authority shall within 30 (thirty) Days of the date of this Agreement forward appoint a person to the Concessionaire a list consisting of the names accompanied by their respective profile in brief of Persons so shortlisted. If within 15 (fifteen) Days of forwarding the list, the Concessioning Authority does not receive any objection from the Concessionaire with reasons therefore, the Concessioning Authority shall call for a financial bid from the shortlisted Persons and select be the Independent Engineer ordinarily based on under this Agreement (the lowest fee quote“Independent Engineer ”). Any objection raised by the Concessionaire The appointment shall be considered by the Concessioning Authority and Persons against whom such objections are raised will at the discretion of the Concessioning Authority, which discretion shall be used with the highest degree of prudence and fairness, be disqualified prior to seeking a financial bid. made not later than 180 (bone hundred eighty) The Independent Engineer selected pursuant to the aforesaid process shall be appointed days from Appointed Date for a period commencing of 1 (one) year, for a period starting from the Date beginning of Award of Concession to the date of expiry of Construction Period till 6 (six) months from the Date of Commercial OperationsCOD. The scope of work On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint person to be the Independent Engineer for a term of 1 (one) year, atleast 30 (thirty) days before such Termination and such procedure shall be repeated after expiry of each appointment. b. The roles and functions of Independent Engineer shall be substantially as set out mentioned in Appendix 7Schedule 8. c. The Independent Engineer shall submit regular periodic reports (catleast once every quarter) to Concessioning Authority. d. The costs remuneration, cost and expenses of the Independent Engineer shall be borne paid by the Concessioning Authority and Concessionaire, equallyNRDA. (d) e. If the Concessioning Authority either on its own or on a report of the Concessionaire has reason to believe that the Independent Engineer is not discharging its duties and functions in a fair, appropriate efficient and diligent manner, it may make a written representation to the Concessioning Authority may after giving the Independent Engineer due opportunity NRDA and seek termination of being heard, terminate the appointment of the Independent Engineer. Upon receipt of such representation, the NRDA shall hold a tripartite meeting with the Concessionaire and Independent Engineer for an amicable resolution of the Dispute, and appoint another firm in its place if any difference or disagreement between the NRDA and the Concessionaire remains unresolved, the Dispute shall be settled in accordance with the preceding clause (a) aboveDispute Resolution Procedure. In the event that the appointment of the Independent is terminated hereunder, NRDA shall appoint forthwith another Independent in accordance with Clause 4.3. (e) f. If either Party disputes any advice, instruction instruction, decision, direction or decision award of the Independent Engineer, or, as the dispute case may be, the assertion or failure to assert jurisdiction, the Dispute shall be resolved in accordance with the dispute resolution procedure set out in Article 19Dispute Resolution Procedure.

Independent Engineer. (a) The Independent Engineer shall be a technical consultancy firm selected in accordance with provisions of the Model Request for Proposals for Selection of Technical Consultants, issued by the Ministry of Finance, GOI vide OM 24(23)/PF-II/2008 dated May 21, 2009, or any substitute thereof. If any panel of such firms is prepared by Indian Ports Association for the purpose, then Independent Engineer shall be selected through out of that panel. The Concessioning Authority shall complete the selection process within a tender processperiod of 3 months of the date of this Agreement. The Concessioning Authority shall in the procurement documents documents20 published by it, set out in reasonable detail the scope of work as indicated in Appendix 7 and shortlist bidders based on their technical capability. The Concessioning Authority shall within 30 (thirty) Days of the date of this Agreement forward to the Concessionaire a list consisting of the names accompanied by their respective profile in brief of Persons so shortlisted. If within 15 (fifteen) Days of forwarding the list, the Concessioning Authority does not receive any objection from the Concessionaire with reasons therefore, the Concessioning Authority shall call for a financial bid from the shortlisted Persons and select the Independent Engineer ordinarily based on the lowest fee quote. Any objection raised by the Concessionaire shall be considered by the Concessioning Authority and Persons against whom such objections are raised will at the discretion of the Concessioning Authority, which discretion shall be used with the highest degree of prudence and fairness, be disqualified prior to seeking a financial bid7. (b) The Independent Engineer selected pursuant to the aforesaid process shall be appointed for a period commencing from the Date of Award of Concession to [the date of expiry of 6 (six) months from the Date of Commercial OperationsCOD]. The scope of work of the Independent Engineer shall be substantially as set out in Appendix 7. On expiry or termination of the aforesaid appointment, the Concessioning Authority shall appoint an Independent Engineer for a further term of 3 (three) years in accordance with the provisions of Appendix 7, and such procedure shall be repeated after expiry of each appointment. (c) The costs and expenses of the Independent Engineer for their services shall be borne by the Concessioning Authority and Concessionaire, equally. (d) If the Concessioning Authority either on its own or on a report of the Concessionaire has reason to believe that the Independent Engineer is not discharging its duties in a fair, appropriate and diligent manner, the Concessioning Authority may after giving the Independent Engineer due opportunity of being heard, terminate the appointment of the Independent Engineer and appoint another firm in its place in accordance with the preceding clause (a) above. (e) If either Party disputes any advice, instruction or decision of the Independent Engineer, the dispute shall be resolved in accordance with the dispute resolution procedure set out in Article 19. f) In the event that the Concessioning Authority has not appointed an Independent Engineer, or the Independent Engineer so appointed has relinquished its functions or defaulted in discharge thereof, the Concessioning Authority may, in the interim, designate and authorise any person for a maximum duration of 90 days to discharge the functions of the Independent Engineer in accordance with the provisions of this Agreement, save and except that such person shall not 20 The Concessioning Authority shall to the extent possible use standard bidding documents prescribed by the Ministry of Finance for appointment of consultants and make available the relevant documents to the Concessionaire. exercise any functions relating to review, comment, approval or inspection as specified in this Agreement for and in respect of the Independent Engineer, and such functions shall be discharged as and when an Independent Engineer is appointed in accordance with the provisions of this Agreement. Provided, however, that nothing contained in this Clause 5.1 (f) shall in any manner restrict the rights of the Concessioning Authority to enforce compliance of the provisions of this Agreement.

Independent Engineer. (a) The Independent Engineer shall be selected out of the panel prepared for the purpose by the Indian Ports Association or through a tender an open bidding process. The Concessioning Authority shall in the procurement documents published by it, set out in reasonable detail the scope of work as indicated in Appendix 7 and shortlist bidders Bidders based on their technical capability. The Concessioning Authority shall within 30 (thirty) Days days of the date of this Agreement forward to the Concessionaire a list consisting of the names accompanied by their respective profile in brief of Persons so shortlisted. If within 15 (fifteen) Days of forwarding the list, the Concessioning Authority does not receive any objection from the Concessionaire with reasons thereforetherefor, the Concessioning Authority shall call for a financial bid from the shortlisted Persons and select the Independent Engineer ordinarily based on the lowest fee quote. Any objection raised by the Concessionaire shall be considered by the Concessioning Authority and Persons against whom such objections are raised will at the discretion of the Concessioning Authority, which discretion shall be used with the highest degree of prudence and fairness, be disqualified prior to seeking a financial bid. (b) The Independent Engineer selected pursuant to the aforesaid process shall be appointed for a period commencing from the Appointed Date of Award of Concession up to such time as may be determined by the date of expiry of 6 (six) months from the Date of Commercial OperationsConcessioning Authority. The scope of work of the Independent Engineer shall be substantially as set out in Appendix 7. Work of certification of Performance Parameters as stipulated in this Agreement shall be done by expert or qualified person (“nodal officer”) as may be appointed by the Concessioning Authority, during the remaining concession period. (c) The costs and expenses of the Independent Engineer shall be borne by the Concessioning Authority and Concessionaire, equally. (d) If the Concessioning Authority either on its own or on a report of the Concessionaire has reason to believe that the Independent Engineer is not discharging its duties in a fair, appropriate and diligent manner, the Concessioning Authority may after giving the Independent Engineer due opportunity of being heard, terminate the appointment of the Independent Engineer and appoint another firm in its place in accordance with the preceding clause (a) above. (e) If either Party disputes any advice, instruction or decision of the Independent Engineer, the dispute shall be resolved in accordance with the dispute resolution procedure set out in Article 19. (f) In case of absence of Independent Engineer due to any reasons whatsoever, the Nodal Officer appointed by Concessioning Authority shall perform the duties as specified in this Agreement in capacity of Independent Engineer. (g) (g)Concessioning Authority shall have the right to appoint any of its agencies or 1. The provisions of this Agreement with respect to the Independent Engineer shall apply mutatis mutandis to such agency or department until the Independent Engineer is appointed in accordance with the provisions of Appendix 7 and this Article 5.1 and such provisions shall be repeated after expiry of each appointment.

Independent Engineer. Before the Effective Date, the Concessionaire shall propose the Contracting Authority a list with at least three (a3) Persons experienced in construction and construction works execution in Airports similar in size and activity with the Airport to be constructed in the framework of the Project. The Concessionaire shall prepare as well the terms of reference for the selection of the Independent Engineer, in line with Annex 7.The Contracting Authority shall select one of the experts proposed by the Concessionaire and shall notify the Concessionaire no later than the Final Date. The Independent Engineer Agreement shall enter in force in the Effective Date and shall end 30 days after the Operation Date. According to the Independent Engineer Agreement, the Independent Engineer shall not exercise a similar function or any other function on behalf of third parties, thus including lenders or any other Financial Institution that may finance time to time the Concessionaire’s debt. The Independent Engineer duties shall be selected through laid down in the Independent Engineer Agreement, in line with the Agreement and Annex 7, but the title or engagement of the Independent Engineer, or the fulfillment or non-fulfillment of the relevant duties from the Independent Engineer shall in no way relief the Concessionaire from any responsibility or obligation as per this Agreement, unless this Agreement or the Independent Engineer Agreement expressly charges the Independent Engineer to exercise the relevant duties with respect to the Concessionaire’s responsibilities. Before settling a tender processdispute, the Independent Engineer shall provide to the Contracting Authority and the Concessionaire the opportunity to express their opinion with respect to the relevant issue. The Concessioning Concessionaire and the Contracting Authority shall cooperate and recognize the rights granted to the Independent Engineer and each Party shall ensure access to information and assistance, so that the Independent Engineer be able to fulfill his/her duties as per the Independent Engineer Agreement. The Concessionaire and the Contracting Authority shall agree to accept as final and binding any decision made by the Independent Engineer when exercising his/her duties, according to the Independent Engineer Agreement, even if it has not been otherwise agreed upon in the procurement documents published by it, set out in reasonable detail Independent Engineer Agreement. In case the scope of work as indicated in Appendix 7 and shortlist bidders based on their technical capability. The Concessioning Authority shall within 30 (thirty) Days activity of the date Independent Engineer pursuant to the implementation of this Agreement forward and Independent Engineer Agreement is suspended, banned or abandoned for whatever reason, the Parties shall agree that the Contracting Authority or any other duly authorized representative performs the Independent Engineer function until the Independent Engineer is appointed or replaced, as per article 8.1. The Contracting Authority is forced to appoint and/or substitute the Independent Engineer no later than 30 calendar days from the notice that the Concessionaire will send to the Concessionaire Contracting Authority on Independent Engineer appointment or replacement. In event of unjustified delays from the Contracting Authority with respect to Independent Engineer appointment or replacement, causing in turn a list consisting delay in Construction Works from the Concessionaire, the latter shall benefit a term extension equaling the length of the names accompanied delays. The Concessionaire shall undertake: to ensure that the Independent Engineer has been granted anytime sufficient access to the Site or any other premises where the design or the Construction Works are being executed for monitoring purposes, provided that the Independent Engineer or his/her representatives, as the case may be, adhere to and act in line with the applicable safety procedures implemented by the Concessionaire for individuals having access to the Site; to ensure that the Independent Engineer is granted access to people, including subcontractors of the Concessionaire, and the documentation deemed necessary to perform his/her duties, by reasonable notice and within normal business hours; to notify in advance the participation of the Independent Engineer in meetings related to Construction Works progress, held between the Concessionaire and its subcontractors; to ensure any assistance and access to equipment or materials, as may be requested by the Independent Engineer; to allow the Independent Engineer, through an advance notice of one (1) Business Day, to inspect, control, inquire, and test any Construction Works aspect and their respective profile progress, provided that the Independent Engineer is reasonably engaged to avoid any unnecessary interruption of the Construction Works; to not interfere with or hinder the Independent Engineer from meeting his/her duties stemming from this Agreement or the Independent Engineer Agreement; to immediately correct any defect, mistake, delay or non-compliance identified by the Independent Engineer Independent Engineer fees and expenses shall be borne by the Concessionaire in brief of Persons so shortlistedline with the Independent Engineer Agreement. If within 15 (fifteen) Days of forwarding the list, the Concessioning Authority does not receive any objection from Any cost covered by the Concessionaire with reasons therefore, the Concessioning Authority shall call for a financial bid from the shortlisted Persons and select the Independent Engineer ordinarily based on the lowest fee quote. Any objection raised by the Concessionaire shall be considered by the Concessioning Authority and Persons against whom such objections are raised will at the discretion of the Concessioning Authority, which discretion shall be used with the highest degree of prudence and fairness, be disqualified prior respect to seeking a financial bid. (b) The Independent Engineer selected pursuant to the aforesaid process shall be appointed for a period commencing from the Date of Award of Concession to the date of expiry of 6 (six) months from the Date of Commercial Operations. The scope of work of the Independent Engineer shall be substantially as set out in Appendix 7considered a Project expense for investment realization purposes. (c) The costs and expenses of the Independent Engineer shall be borne by the Concessioning Authority and Concessionaire, equally. (d) If the Concessioning Authority either on its own or on a report of the Concessionaire has reason to believe that the Independent Engineer is not discharging its duties in a fair, appropriate and diligent manner, the Concessioning Authority may after giving the Independent Engineer due opportunity of being heard, terminate the appointment of the Independent Engineer and appoint another firm in its place in accordance with the preceding clause (a) above. (e) If either Party disputes any advice, instruction or decision of the Independent Engineer, the dispute shall be resolved in accordance with the dispute resolution procedure set out in Article 19.