Common use of Lane closure Clause in Contracts

Lane closure. (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to theAuthority. (ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including Terminationthereof. 14.6 Reduction of payment for non-performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Contract AgreementPage 88 of 146 “Construction of 2-lane Ukhrul bypass starting at km 537.850 of NH-202 & joining at km 8.840 of NH-102A (Ukhrul – Toloi – Tadubi Road) and continuing upto km 9.840 of NH- 102A (Package-1, Length-6.571 km) in the State of Manipur on EPC mode. (2nd Call)” Feb 2024

Lane closure. (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to theAuthority. (ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including Terminationthereof. 14.6 Reduction of payment for non-performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Contract AgreementPage 88 94 of 146 154 “Construction of 2-lane Ukhrul bypass starting Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 537.850 of NH-202 & joining 27+300 at km 8.840 of NH-102A crossing with NH-6 (Ukhrul – Toloi – Tadubi RoadOld NH-44) and continuing upto km 9.840 of NH- 102A (Package-1, Length-6.571 km) Near Xxxxxxxxx Pt.-I Village in the State of Manipur Assam on EPC mode. Mode under Xxxxxxxxxx Xxxxxxxxxx in Economic Corridors (2nd CallProject Length – 11.8 km)” Feb 2024(4th Call) Mar 2023

Lane closure. (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to theAuthority. (ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including Terminationthereof. Contract AgreementPage 93 of 153 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode in the State of Assam under JICA - ODA loan assistance.” Mar 2022 14.6 Reduction of payment for non-performance of Maintenance obligations Maintenanceobligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Contract AgreementPage 88 forth in Schedule-E within the period specified therein, it shall be deemed as failureof performance of 146 “Construction Maintenance obligations by the Contractor and the Authority shall be entitled to effect reduction in monthly lump sum payment for maintenance in accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of 2-lane Ukhrul bypass starting at km 537.850 of NH-202 & joining at km 8.840 of NH-102A (Ukhrul – Toloi – Tadubi Road) and continuing upto km 9.840 of NH- 102A (Package-1the Authority under this Agreement, Length-6.571 km) in the State of Manipur on EPC modeincluding Termination thereof. (2nd Call)” Feb 2024ii) If the nature and extent of any Defect justifies more time for its repair or rectification than the time specified in Schedule-E, the Contractor shall be entitled to additional time in conformity with Good Industry Practice. Such additional time shall be determined by the Authority’s Engineer and conveyed to the Contractor and the Authority with reasonsthereof. 14.7

Lane closure. (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to theAuthority. (ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including Terminationthereof. 14.6 Reduction of payment for non-performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Contract AgreementPage 88 92 of 146 152 “Construction of 2-lane Ukhrul bypass starting Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 537.850 of NH-202 & joining 27+300 at km 8.840 of NH-102A crossing with NH-6 (Ukhrul – Toloi – Tadubi RoadOld NH-44) and continuing upto km 9.840 of NH- 102A (Package-1, Length-6.571 km) Near Xxxxxxxxx Pt.-I Village in the State of Manipur Assam on EPC mode. Mode under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (2nd Call)” ) Feb 20242023

Lane closure. (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to theAuthority. (ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including Terminationthereof. 14.6 Reduction of payment for non-performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Contract AgreementPage 88 90 of 146 “251 Construction of 2-lane Ukhrul bypass starting at km 537.850 Service Road and RCC Drain on both sides of NH-202 & joining at km 8.840 of NH-102A NH 37A from Kaliabor –Tiniali- (Ukhrul – Toloi – Tadubi RoadKm 0.000) and continuing upto km 9.840 of NH- 102A to Kolong Bridge (Package-1, Length-6.571 kmKm 0.600) in Nagaon district in the State state of Manipur on Assam under EPC mode. (2nd Call)” Feb 2024Mode Nov 2023

Lane closure. (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to theAuthority. (ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including Terminationthereof. 14.6 Reduction of payment for non-performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Maintenanceobligations Contract AgreementPage 88 96 of 146 160 “Construction Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of 2existing single lane road from Srirampur (near Bhairiguri Village) to Kachukhana Harichara Paglagaunj (Package-lane Ukhrul bypass starting at km 537.850 of NH-202 & joining at km 8.840 of NH-102A (Ukhrul – Toloi – Tadubi Road) and continuing upto km 9.840 of NH- 102A (Package-1, Length-6.571 km) in the State of Manipur on EPC mode. (2nd CallI)” Feb 2024

Lane closure. (i) The Contractor concessionaire shall not close any lane of the Project Highway for the undertaking maintenance or repair works except with the prior written approval of the Authority’s Independent Engineer. Such approval shall be sought by the Contractor concessionaire through a written request to be made to the Independent Engineer, and a copy thereof furnished to the Authority, at least 10 7 (tenseven) days before the proposed closure of such lane and shall be accompanied by particulars thereof. Within 5 (five3(three) business days of receiving such request, the Authority’s Independent Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to theAuthoritythe Authority. The provisions of Clause 15.7.1 shall not apply to de-commissioning under Clause 15.6.1 or to closure of any lane for a period not exceeding 2 (iitwo) hours in a day at any time of the day and 6 (s9x) hours in a day at a time specified by the Independent Engineer as off-peak hours when the flow of traffic is comparatively lower. Upon receiving the permission pursuant to Clause 14.5 (i)15.7.1, the Contractor Concessionaire shall be been entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, the Concessionaire shall pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment Performance Security for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or , and in the event of emergency decommissioning non-payment of such delinquent amount forthwith and closure to traffic in any case within 7 (seven) days of issue of written notice by Authority, the same shall be recovered by encashment of the whole Performance Security in which case the provisions of clause 9 hereof shall apply. For the avoidance of doubt, the Damages under this Clause 15.7.3 shall not apply to any Capacity Augmentation undertaken by the Concessionaire pursuant to Article 14 hereunder. Damages for breach of O&M obligations In the event that the concessionaire fails to repair or rectify any part defect or deficiency set forth in the Maintenance Requirements within the period specified therein or is in breach of the Project Highway due Maintenance Programme, Maintenance Manual and / or Safety requirements, it shall be deemed to failure be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until breach is cured, at the higher of (a)0.5% (zero point five per cent) of Performance Security, and (b)0.1% (zero point one per cent) of the Contractor, cost of such repair or rectification as estimated by the Contractor Independent Engineer. Recovery of such Damages shall pay damages to the Authority at double the above rate, be without prejudice to the rights of the Authority under this Agreement Agreement, including Terminationthereof. 14.6 Reduction the right of payment for Termination thereof, and in the event of non-performance payment by Concessionaire of Maintenance such delinquent amount forthwith and in any case within seven days of issue of written notice by Authority, the same shall be recovered by encashment of Performance Security in which case the provisions of clause 9 hereof shall apply. The Damages set forth in Clause 15.8.1 may be assessed and specified forthwith by the Independent Engineer; provided that the Authority may, in its discretion, demand a smaller sum as Damages, if in its opinion, the breach has been cured promptly and the Concessionaire is otherwise in compliance with its obligations (i) hereunder. The Concessionaire shall pay such Damages forthwith. Authority’s right to take remedial measures In the event that the Contractor Concessionaire does not maintain and/or repair the Project Highway or any part thereof in conformity with the Maintenance Requirements, the Maintenance Manual or the Maintenance Programme or Safety Requirements, as the case may be, and fails to repair commence remedial works within 15 (fifteen) days of receipt of the O&M Inspection Report or rectify a notice in this behalf from the Authority or the Independent Engineer, as the case may be, the Authority shall, without prejudice to its rights under this Agreement including Termination thereof, be entitled to undertake such remedial measures at the risk and cost of the Concessionaire, and to recover its cost from the Concessionaire. In addition to recovery of the aforesaid cost, a sum equal to 50% (fifty per cent) of such cost shall be paid by the Concessionaire to the Authority as Damages. For the avoidance of doubt, the right of the Authority under this Clause 15.9.1 shall be without prejudice to its rights and remedies provided under Clause 15.8. In the event of non-payment by Concessionaire of such delinquent amount forthwith and in any Defect or deficiency set Contract AgreementPage 88 case within seven days of 146 “Construction issue of 2-lane Ukhrul bypass starting at km 537.850 written notice by Authority the Authority shall have the right and the concessionaire hereby expressly grants to the Authority the right to recover the costs and Damages specified in Clause 15.9.1 directly from the Escrow Account, and for that purpose, the concessionaire hereby agrees to give irrevocable instructions to the Escrow Bank to make payment from the Escrow Account in accordance with the instructions of NH-202 & joining at km 8.840 of NH-102A (Ukhrul – Toloi – Tadubi Road) and continuing upto km 9.840 of NH- 102A (Package-1, Length-6.571 km) in the State of Manipur on EPC mode. (2nd Call)” Feb 2024Authority under this Clause 15.9.2.

Lane closure. (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to theAuthority. (ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including Terminationthereof. 14.6 Reduction of payment for non-performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Contract AgreementPage 88 of 146 “Construction of Widening/Improvement to 2-lane with earthen shoulder of Xxxxx Corner to Ukhrul bypass starting at section from existing km 537.850 34+650 to km 50+520 (Design Chainage km 30+970 to km 45+600) of NH-202 & joining at km 8.840 of NH-102A (Ukhrul – Toloi – Tadubi Road) and continuing upto km 9.840 of NH- 102A (Package-1, Length-6.571 km) in the State of Manipur on EPC mode. (2nd Call)” Feb Package-3, Length-14.63 km) Jan 2024

Lane closure. (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to theAuthority. (ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including TerminationthereofTermination thereof. 14.6 Reduction of payment for non-performance of Maintenance obligations Contract AgreementPage 96 of 159 Widening & Upgradation to 4-lane with paved shoulder from km 16.700 (end of Seer Hamdan Bypass) to km 39.450 (start of Pahalgam Bypass), Package-II of Khanabal - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on EPC Mode January’ 2024 (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Contract AgreementPage 88 forth in Schedule-E within the period specified therein, it shall be deemed as failure of 146 “Construction performance of 2Maintenance obligations by the Contractor and the Authority shall be entitled to effect reduction in monthly lump sum payment for maintenance in accordance with Clause 19.7 and Schedule-lane Ukhrul bypass starting at km 537.850 M, without prejudice to the rights of NH-202 & joining at km 8.840 of NH-102A (Ukhrul – Toloi – Tadubi Road) and continuing upto km 9.840 of NH- 102A (Package-1the Authority under this Agreement, Length-6.571 km) in the State of Manipur on EPC modeincluding Termination thereof. (2nd Call)” Feb 2024ii) If the nature and extent of any Defect justifies more time for its repair or rectification than the time specified in Schedule-E, the Contractor shall be entitled to additional time in conformity with Good Industry Practice. Such additional time shall be determined by the Authority’s Engineer and conveyed to the Contractor and the Authority with reasons thereof. 14.7

Lane closure. (i) The Contractor shall not close any lane of the Project Highway for undertaking maintenance works except with the prior written approval of the Authority’s Engineer. Such approval shall be sought by the Contractor through a written request to be made at least 10 (ten) days before the proposed closure of lane and shall be accompanied by particulars thereof. Within 5 (five) business days of receiving such request, the Authority’s Engineer shall grant permission with such modifications as it may deem necessary and a copy of such permission shall be sent to theAuthority. (ii) Upon receiving the permission pursuant to Clause 14.5 (i), the Contractor shall be entitled to close the designated lane for the period specified therein, and for all lane closures extending a continuous period of 48 (forty-eight) hours, the Contractor shall, in the event of any delay in re-opening such lane, for every stretch of 250 (two hundred and fifty) metres, or part thereof, pay Damages to the Authority calculated at the rate of 0.1% (zero point one per cent) of the monthly maintenance payment for each day of delay until the lane has been re-opened for traffic. In the event of any delay in re-opening such lanes or in the event of emergency decommissioning and closure to traffic of the whole or any part of the Project Highway due to failure of the Contractor, the Contractor shall pay damages to the Authority at double the above rate, without prejudice the rights of the Authority under this Agreement including Terminationthereof. 14.6 Reduction of payment for non-performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Contract AgreementPage 88 92 of 146 152 “Construction of 2-lane Ukhrul bypass starting Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 537.850 of NH-202 & joining 27+300 at km 8.840 of NH-102A crossing with NH-6 (Ukhrul – Toloi – Tadubi RoadOld NH-44) and continuing upto km 9.840 of NH- 102A (Package-1, Length-6.571 km) Near Xxxxxxxxx Pt.-I Village in the State of Manipur Assam on EPC mode. Mode under Xxxxxxxxxx Xxxxxxxxxx in Economic Corridors (2nd CallProject Length – 11.8 km)” Feb 2024(3rd Call) Mar 2023