Common use of Liability for defects after Termination Clause in Contracts

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's risk and cost so as to make the Project conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One one hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's risk and cost so as to make the Project conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project Facility for a period of 120 90 (One hundred and twentyNinety) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in the Project Facility during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's ’s risk and cost so as to make the Project Facility conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Accountfunds retained by the Authority or the Performance Guarantee, as the case may be.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 90 (One hundred and twentyninety) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's risk and cost so as to make the Project conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow AccountTermination Payments or Performance Security.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One one hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority Supervision Committee in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's risk and cost so as to make the Project conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow AccountPerformance Security. For the avoidance of doubt, the provisions of this Article 37 shall not apply if Termination occurs prior to COD.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One one hundred and twenty) days (the “Defect Liability Period”) after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority Monitor[s] in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's Concessionaire‟s risk and cost so as to make the Project conform to the Safety Requirements, Service Requirements and Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One one hundred and twenty) days (the “Defect Liability Period”)days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority Monitor[s] in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's Concessionaire‟s risk and cost so as to make the Project conform to the Safety Requirements, Service Requirements and Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's risk and cost so as to make the Project conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.. Part VI - Other Provisions

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One one hundred and twenty) (the “Defect Liability Period”) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority or their representatives in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's risk and cost so as to make the Project conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from appropriation of the Escrow AccountPerformance Security.

Liability for defects after Termination. ‌ 31.1.1 The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One one hundred and twenty) days (the “Defect Liability Period”) after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority Monitor in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's Concessionaire‟s risk and cost so as to make the Project conform to the Safety Requirements, Service Requirements and Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.Operation Performance Security. P a g e 92 | 176 Draft Concession Agreement

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's risk and cost so as to make the Project conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all forall defects and deficiencies in the Project for a Project, during the Concession Period and fora period of 120 of120 (One one hundred and twenty) days after TerminationTermination (including expiry of the Concession Period), and it shall have the obligation to repair or rectifyorrectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority Expert in the Project during Projectduring the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority ordeficiencywithinaperiodof15(fifteen)daysfromthedateofnoticeissuedbytheAuthority/Independent Expert in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified orrectified at the Concessionaire's ’s risk and cost so as to make the Project conform to the Maintenance RequirementsMaintenanceRequirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to Concessionaireto the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing inreimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow AccountAccount orfromthe Performance Guarantee provided thereunder. For the avoidance of doubt,the provisions ofthis Article33shallnotapplyifTerminationoccurspriorto Final COD.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One hundred and twenty) days (“Defect Liability Period”) after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority Monitor in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's risk and cost so as to make the Project conform to the Safety Requirements, Service Requirements and Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One one hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning / Authority in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's risk and cost so as to make the Project conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Accountsame.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project HealthcareNetwork for a period of 120 (One one hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in Engineerin the Project during HealthcareNetworkduring the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's Concessionaire‟s risk and cost so as to make the Project conform HealthcareNetworkconform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.Performance Guarantee. Part VI Other Provisions

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project Highway for a period of 120 60 (One hundred and twentysixty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in the Project Highway during the aforesaid periodperiod (the “Defects Liability Period”). In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's ’s risk and cost so as to make the Project Highway conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's risk and cost so as to make the Project conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.Performance Security. Part VI Other Provisions

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project Storage Facility for a period of 120 (One hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority Expert in the Project Storage Facility during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's ’s risk and cost so as to make the Project Storage Facility conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project Highway for a period of 120 60 (One hundred and twentysixty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in the Project Highway during the aforesaid periodperiod (the “Defects Liability Period”. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's ’s risk and cost so as to make the Project Highway conform to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the Escrow Account.

Liability for defects after Termination. ‌ The Concessionaire shall be responsible for all defects and deficiencies in the Project for a period of 120 (One one hundred and twenty) days after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Engineer and Concessioning Authority in the Project during the aforesaid period. In the event that the Concessionaire fails to repair or rectify such defect or deficiency within a period of 15 (fifteen) days from the date of notice issued by the Concessioning Authority in this behalf, the Concessioning Authority shall be entitled to get the same repaired or rectified at the Concessionaire's ’s risk and cost so as to make the Project conform confirm to the Maintenance Requirements. All costs incurred by the Concessioning Authority hereunder shall be reimbursed by the Concessionaire to the Concessioning Authority within 15 (fifteen) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Concessioning Authority shall be entitled to recover the same from the funds retained in the Escrow AccountAccount under the provisions of Clause 30.2. For the avoidance of doubt, the provisions of this Article 30 shall not apply if Termination occurs prior to COD.