Obligations of the Concessionaire Clause Samples

Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement. 5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.4 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement carry out the following but not be limited to: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits (other than those set forth in Clause 4.1.3), and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Project; (c) perform and fulfil its obligations under the Financing Agreements; (d) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; (e) make reasonable efforts to facilitate the acquisition of land required for the purposes of the Agreement; (f) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire's obligations under this Agreement; (g) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement; (h) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement; (i) modify/demolish the existing structures on the Site at its own cost and consequences. The Concessionaire shall ensure that the demolition and construction of the existing s...

Obligations of the Concessionaire. In addition to and not in derogation or substitution of any of the obligations, undertakings, terms and conditions or covenants set out elsewhere in this Agreement, the Concessionaire shall, without qualification, at its own cost and expense observe, undertake, perform and comply during the Concession Period with the following obligations:

Obligations of the Concessionaire. 8.1 Without prejudice to any other covenants and obligations as set out in this Agreement, the Concessionaire further undertakes and agrees, at its own cost and expense and in addition to, and not in derogation of, its obligations contained elsewhere in this Agreement, to: (i) Obtain and keep valid all such Applicable Permits (including renewals as may be required from time to time) required for the performance of its obligations under this Agreement, shall do nothing to vitiate the conditions of the Applicable Permits and their renewals and shall comply with all Applicable Laws and Applicable Permits; (ii) Discharge all its obligations contained in this Agreement in accordance with Good Industry Practice; (iii) Undertake loading and unloading operations at both the origin and destination Private Terminals (iv) Perform and fulfill its obligations under the Financing Documents; (v) Ensure and procure that its Contractors/sub-contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Concessionaire’s obligations under this Agreement; (vi) Support, cooperate with and facilitate Railway Administration in the effective and timely implementation and operation of the provisions of this Agreement; (vii) Provide all relevant data and information to FOIS through an on line system, in accordance with the requirements of this Agreement; (viii) Provide/procure access to Railway Administration staff at each Private Terminal from where the locomotive either originates or terminates at all reasonable hours; (ix) Draw and maintain adequate insurance cover throughout the term of this Agreement for the Private Terminal and the Concessionaire’s Wagons from an insurance company licenced by the Insurance Regulatory and Development Authority. Without prejudice to the generality of the foregoing, the Concessionaire shall procure adequate insurance to cover against (i) any loss, damage or destruction of the Concessionaire’s Wagons and/or Private Terminal; (ii) Concessionaire’s general liability arising out of this Agreement to the extent it is commercially insurable; (iii) any other insurance that may be necessary to protect against any Force Majeure Events that are commercially insurable; and (iv) such other insurance as may be customary in accordance with Good Industry Practice. In this regard, the Concessionaire shall, from time to time, provide to Railway Administration copies of all insurance policies obtained by the Concession...

Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, development/construction, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.

Obligations of the Concessionaire. In addition to any of its other obligations under this Agreement, the Concessionaire shall manage, operate, maintain and repair the Project Facilities and Services, entirely at its cost, charges, expenses and risk in accordance with the provisions of this Agreement. The Concessionaire’s obligations under this Article 7.1 shall include but shall not be limited to the following:

Obligations of the Concessionaire. The Concessionaire shall abide by the following: (a) Applicable Laws and Applicable Permits; (b) provisions of this Agreement; (c) relevant Standards/Guidelines contained in nationally accepted codes; and (d) Good Industry Practice.

Obligations of the Concessionaire. General Obligations of the Concessionaire 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, implement the Project, procure finance for and undertake the development, engineering, procurement, equipping, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 {The Concessionaire and the Lead Financial Institution shall have taken all actions necessary in accordance with the Central VGF Scheme for final approval of the Central Capital Grant, including but not limited to the Lead Financial Institution presenting its appraisal and independent recommendation to the Empowered Committee in the manner and within the time set out in the Central VGF Scheme.}3 / {The Concessionaire and the Authority shall have taken all actions necessary in accordance with the Central VGF Scheme for final approval of the Central Capital Grant, including but not limited to the Authority presenting its appraisal and independent recommendation to the Empowered Committee in the manner and within the time set out in the Central VGF Scheme.}4 5.1.3 Subject to Clause 6.2.1, the Concessionaire shall arrange for and procure, at its own cost and risk, all infrastructure facilities and utilities on or outside the Site for the construction, development, operation and maintenance of the Project, including procuring connection for and supply of electricity, water, telephone lines, sewage disposal etc. 5.1.4 During the Concession Period, the Concessionaire shall obtain all Applicable Permits from the relevant Government Instrumentalities, including but not limited to those specified in Schedule 7 and keep in force and comply with the conditions of, all Applicable Permits for the development, operation and maintenance of the Hospital. The Concessionaire shall also establish the necessary system for disposal of medical and hazardous waste in accordance with the Applicable Laws, Applicable Permits and Good Industry Practice. The Concessionaire shall, at its own cost and expense, make necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for renewing or maintaining the Applicable Permits in conformity with Applicable Laws. 5.1.5 Without prejudice to the obligations specified in Clause 5.1.4 above, the Concessionaire shall obtain all Applicable Permits (including ...

Obligations of the Concessionaire. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall at its own cost and expense undertake the designing, engineering, procurement, construction, operation and maintenance of the Project and Project Facilities and fulfill and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The Concessionaire shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement including the terms and conditions of the Environment Clearance granted by State Level Environment Impact Assessment Authority Punjab vide ref no. SEIAA/2017/67 dated 23.01.2017, Stage-1 Forest Clearance granted by the Ministry of Environment & Forest & Climate Change vide letter dated 10.08.2020 and subsequent Stage 2 Forest Clearance granted including terms and conditions set forth in approved DPR under Forest Clearance. Further, during the execution and the implementation of the Project the Concessionaire shall be essentially required to comply with all the observations, instructions, orders etc. of the Monitoring Committee constituted in pursuance to the approval granted under Stage-I Forest clearance including any other subsequent approval granted. 5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2 above, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent contractor/ developer. 5.1.4 The Concessionaire shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentality with such particulars and details, as may be required for obtaining all Applicable Permits for carrying out developments at the Project Site as specified in this Agreement. The applications shall include and not limited to preparing detailed design, building plans and drawings, infrastructure facilities including power, water supply, drainage & sewerage, firefighting, telecommunications, etc. The Concessionaire shall obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws, so as to perform its obligations under this Agreement; (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the ...

Obligations of the Concessionaire. ‌ 5.1.1 Subject to and on the terms and conditions of this Agreement, the Concessionaire shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder.‌ 5.1.2 The Concessionaire shall be responsible to operate the Project Facilities such that it can process the Obligated Quantity of MSW throughout the Concession Period. 5.1.3 The Concessionaire shall be responsible to accept Obligated Quantity of MSW from Participating ULBs in the Cluster delivered every day at its Project Site. 5.1.4 The Concessionaire shall be responsible for generation of power from the Waste to Energy Plant and sell the power to APXPDCL as per the terms and conditions of the PPA.