Common use of Project Implementation Clause in Contracts

Project Implementation. (a) The Trinidad Obligor shall operate the Trinidad Project and all of its other property and rights in accordance with customary industry practice and maintain the Trinidad Project and other property in good repair and condition (ordinary wear and tear excepted in respect thereof). (b) Without limiting the generality of the preceding clause (a), the Trinidad Obligor shall cause the construction of the Trinidad Project to be prosecuted and completed with due diligence and continuity and in accordance with the Trinidad EES Contract and the Trinidad Turnkey Construction Contract (except for interruptions due to any event of force majeure pursuant to any Trinidad Project Document, which the Trinidad Obligor shall use its best efforts to mitigate), in a good and workmanlike manner and in accordance with (i) sound generally accepted building and engineering practices, (ii) all Governmental Approvals and Applicable Laws applicable to the Trinidad Project or the Trinidad Obligor, (iii) the Trinidad Project Documents and (iv) the construction budget and the construction schedule for the Trinidad Project; PROVIDED that such budget or schedule shall be amended if the Independent Engineer delivers a certificate to the Bond Trustee certifying that such change is necessary and reasonable and that sufficient funds shall be available to the Trinidad Obligor to complete the Trinidad Project in accordance with such budget and schedule, as amended. (c) The Trinidad Obligor shall provide an Operating Budget to the Independent Engineer sixty (60) days prior to the start of each year subject to the approval of the Independent Engineer (such approval not to be unreasonably withheld) and the Trinidad Obligor shall comply with such budget; PROVIDED that if such Operating Budget is not approved by the Independent Engineer, then the prior annual Operating Budget which was so approved shall remain in effect escalated in accordance with Trinidad CPI. (d) The Trinidad Obligor shall, within six (6) Months of the Closing Date, commence a Phase I Environmental Assessment of the Trinidad Project site. (e) The Trinidad Obligor shall, within sixty (60) days of the Closing Date, engage an operator for the Trinidad Project and such operator shall be approved by the Independent Engineer.

Project Implementation. Construction Works (a) The Trinidad Obligor Unless otherwise permitted by MCD, no Construction Works shall operate begin until the Trinidad Project Independent Consultant is in place and all of its other property and rights in accordance with customary industry practice and maintain the Trinidad Project and other property in good repair and condition (ordinary wear and tear excepted in respect thereof)has assumed charge. (b) Without limiting the generality of the preceding clause (a), the Trinidad Obligor The Concessionaire shall cause the construction of the Trinidad Project to be prosecuted and completed with due diligence and continuity and in accordance with the Trinidad EES Contract and the Trinidad Turnkey Construction Contract (except for interruptions due to any event of force majeure pursuant to any Trinidad Project Document, which the Trinidad Obligor shall use its best efforts to mitigate), in a good and workmanlike manner and in accordance with (i) sound generally accepted building and engineering practices, (ii) all Governmental Approvals and Applicable Laws applicable adhere to the Trinidad Construction Requirements and achieve COD on or before the Scheduled Project or the Trinidad Obligor, (iii) the Trinidad Project Documents and (iv) the construction budget and the construction schedule for the Trinidad Project; PROVIDED that such budget or schedule shall be amended if the Independent Engineer delivers a certificate to the Bond Trustee certifying that such change is necessary and reasonable and that sufficient funds shall be available to the Trinidad Obligor to complete the Trinidad Project in accordance with such budget and schedule, as amendedCompletion Date. (c) The Trinidad Obligor shall provide an Operating Budget to Concessionaire may undertake Construction Works by itself or through a Contractor possessing requisite technical, financial and managerial expertise/capability; but in either case, the Independent Engineer sixty (60) days prior to the start of each year subject to the approval of the Independent Engineer (such approval not to be unreasonably withheld) and the Trinidad Obligor shall comply with such budget; PROVIDED that if such Operating Budget is not approved by the Independent Engineer, then the prior annual Operating Budget which was so approved Concessionaire shall remain in effect escalated in accordance with Trinidad CPIsolely responsible to meet the Construction Requirements. (d) The Trinidad Obligor Concessionaire shall, within six before commencement of Construction Works; (6i) Months have requisite organisation and designate and appoint suitable officers/ representatives as it may deem appropriate to supervise the Project, to deal with the Independent Consultant/MCD and to be responsible for all necessary exchange of information required pursuant to this Agreement; (ii) construct, provide and maintain a reasonably furnished site office accommodation for the Closing DateIndependent Consultant, commence a Phase I Environmental Assessment of at the Trinidad Project siteSite. (e) For the purposes of determining that Construction Works are being undertaken in accordance with the Construction Requirements and O&M Requirements, the Concessionaire shall with due diligence carry out all necessary and periodical Tests in accordance with the instructions and under the supervision of the Independent Consultant and the Construction Requirements and O&M Requirements. The Trinidad Obligor shallConcessionaire shall maintain proper record of such Tests and the remedial measures taken to cure the defects or deficiencies, if any, indicated by the Test results. (f) All Tests shall be conducted in accordance with Construction Requirements. If the Tests are successful and the Project Facilities can be safely and reliably opened for operation, the Independent Consultant shall issue Readiness Certificate. Provided, notwithstanding that certain works or things forming part of Construction Works are not complete, if following Tests, the Independent Consultant determines that the Project Facilities can be safely and reliably opened for operations, the Independent Consultant may issue Provisional Readiness Certificate to the Concessionaire. The Provisional Readiness Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Consultant and the Concessionaire ("Punch List"). All Punch List items shall be completed by the Concessionaire within sixty such time as may be determined by the Independent Consultant, not exceeding 90 (60ninety) days of the Closing Datedate of issue of the Provisional Readiness Certificate. Upon satisfactory completion of all Punch List items, engage an operator for the Trinidad Project Independent Consultant shall promptly and in any case within 15 days thereof, issue Readiness Certificate. (g) If the Concessionaire fails to complete the Punch List items within the said period of 90 days, MCD may, without prejudice to any other rights or remedy available to it under this Agreement, have such operator shall be approved items completed at the risk and costs of the Concessionaire. The cost incurred by MCD in completing the Punch List items, as certified by the Independent EngineerConsultant, shall be reimbursed by the Concessionaire to MCD within 7 days from the date of receipt of a claim in respect thereof from MCD. Thereupon, Independent Consultant may issue Readiness Certificate. (h) The Independent Consultant, may, by written notice, require the Concessionaire to suspend forthwith the whole or any part of the Construction Works, if in its reasonable opinion the same is being carried on in a manner that is not in conformity with the Construction Requirements. (i) The Project shall be deemed to be complete and ready to receive Municipal Solid Waste only when the Provisional Readiness Certificate or the Readiness Certificate is issued by the Independent Consultant in accordance with the provisions hereof. Provided if COD is delayed beyond 60 days of the Scheduled Project Completion Date, MCD shall, subject to the provisions of Article 9, be entitled to terminate this Agreement and to appropriate the Performance Security.

Project Implementation. (a) Construction works during Construction Period a. Unless otherwise permitted by CoC, no Construction Works shall begin until the Project Officer is in place and has assumed charge. b. The Trinidad Obligor Concessionaire shall operate adhere to the Trinidad Parking Facility Requirement, the DCR and the NBC to achieve the Commercial Operations Date on or before the Scheduled Project Completion Date. c. The Concessionaire shall, before commencement of Construction Works; i. have requisite organisation and designate and appoint suitable officers/ representatives as it may deem appropriate to supervise the Project, to deal with the Project Officer / CoC and to be responsible for all necessary exchange of its other property and rights in accordance with customary industry practice information required pursuant to this Agreement; ii. construct, provide and maintain a reasonably furnished site office accommodation for the Trinidad Project and other property in good repair and condition (ordinary wear and tear excepted in respect thereof)Officer, at the Sites. (b) Without limiting d. For the generality purposes of the preceding clause (a), the Trinidad Obligor shall cause the construction of the Trinidad Project to be prosecuted and completed with due diligence and continuity and determining that Construction Works are being undertaken in accordance with the Trinidad EES Contract Parking Facility Requirement, the DCR and the Trinidad Turnkey NBC, the Concessionaire shall with due diligence carry out all necessary and periodical Tests in accordance with the instructions and under the supervision of the Project Officer. The Concessionaire shall maintain proper record of such Tests and the remedial measures taken to cure the defects or deficiencies, if any, indicated by the Test results. e. The Concessionaire shall construct the Parking Facility in a manner such that during the concession period and after the expiration of the concession period, the parking facility shall be scalable up to 50% of the current capacity of the the Parking Facility. f. All Tests shall be conducted in accordance with Parking Facility Requirements, the NBC and the DCR. If the Tests are successful and the Project Facilities can be safely and reliably opened for operation, the Project Officer shall issue the Readiness Certificate. g. The Project Officer, may, by written notice, require the Concessionaire to suspend forthwith the whole or any part of the Construction Contract Works, if in its reasonable opinion the same is being carried on in a manner that is not in conformity with the Parking Facility Requirements, the NBC and the DCR. h. The Project shall be deemed to be complete and ready for commercial operation only when the Readiness Certificate is issued by the Project Officer in accordance with the provisions hereof. Provided further and subject to Article 6.2.2(e), if the (except Commercial Operations Date) COD is delayed beyond 90 days of the Scheduled Project Completion Date CoC shall, subject to the provisions of Article 12, be entitled to terminate this Agreement and to appropriate the Performance Security. However, the Concessionaire shall pay to CoC Rs. 1,00,000/- (Rupees One Lakh Only) per day as Liquidated Damages by way of demand draft towards “Corporation of Chennai” payable at Chennai for interruptions due the delay in the period from the Scheduled Project Completion Date till the end of 90 days. i. The Concessionaire shall at its cost, expenses and risk make such financing arrangements as would be necessary to any event implement the Project and to meet all of force majeure pursuant to any Trinidad Project Document, which the Trinidad Obligor shall use its best efforts to mitigate)obligations under this Agreement, in a good and workmanlike manner and in accordance with (i) sound generally accepted building and engineering practices, (ii) all Governmental Approvals and Applicable Laws applicable to the Trinidad Project or the Trinidad Obligor, (iii) the Trinidad Project Documents and (iv) the construction budget and the construction schedule for the Trinidad Project; PROVIDED that such budget or schedule shall be amended if the Independent Engineer delivers a certificate to the Bond Trustee certifying that such change is necessary and reasonable and that sufficient funds shall be available to the Trinidad Obligor to complete the Trinidad Project in accordance with such budget and schedule, as amendedtimely manner. (c) The Trinidad Obligor shall provide an Operating Budget to the Independent Engineer sixty (60) days prior to the start of each year subject to the approval of the Independent Engineer (such approval not to be unreasonably withheld) and the Trinidad Obligor shall comply with such budget; PROVIDED that if such Operating Budget is not approved by the Independent Engineer, then the prior annual Operating Budget which was so approved shall remain in effect escalated in accordance with Trinidad CPI. (d) The Trinidad Obligor shall, within six (6) Months of the Closing Date, commence a Phase I Environmental Assessment of the Trinidad Project site. (e) The Trinidad Obligor shall, within sixty (60) days of the Closing Date, engage an operator for the Trinidad Project and such operator shall be approved by the Independent Engineer.

Project Implementation. (a) The Trinidad Obligor Big Spring Guarantor shall operate the Trinidad Big Spring Project and all of its other property and rights in accordance with customary industry practice and maintain the Trinidad Project and other property in good repair and condition (ordinary wear and tear excepted in respect thereof). (b) Without limiting the generality of the preceding clause (a), the Trinidad Obligor Big Spring Guarantor shall cause the construction of the Trinidad Big Spring Project to be prosecuted and completed with due diligence and continuity and in accordance with the Trinidad EES Contract and the Trinidad Turnkey Construction Contract (except for interruptions due to any event of force majeure pursuant to any Trinidad Big Spring Project Document, which the Trinidad Obligor Big Spring Guarantor shall use its best efforts to mitigate), in a good and workmanlike manner and in accordance with (i) sound generally accepted building and engineering practices, (ii) all Governmental Approvals and Applicable Laws applicable to the Trinidad Big Spring Project or the Trinidad ObligorBig Spring Guarantor, (iii) the Trinidad Big Spring Project Documents and (iv) the construction budget and the construction schedule for the Trinidad Big Spring Project; PROVIDED that such budget or schedule shall be amended if the Independent Engineer delivers a certificate to the Bond Trustee certifying that such change is necessary and reasonable and that sufficient funds shall be available to the Trinidad Obligor Big Spring Guarantor to complete the Trinidad Big Spring Project in accordance with such budget and schedule, as amended. (c) The Trinidad Obligor Big Spring Guarantor shall provide an Operating Budget to the Independent Engineer sixty (60) days prior to the start of each year subject to the approval of the Independent Inde pendent Engineer (such approval not to be unreasonably withheld) and the Trinidad Obligor Big Spring Guarantor shall comply with such budget; PROVIDED that if such Operating Budget is not approved by the Independent Engineer, then the prior annual Operating Budget which was so approved shall remain in effect escalated in accordance with Trinidad CPI. (d) The Trinidad Obligor Big Spring Guarantor shall at all times cause the Big Spring Project to maintain its QF status, unless failure to maintain such status (i) would not cause a breach under or forfeiture of the pricing or other material benefits of the U.S. Project Documents or (ii) could not reasonably be expected to result in a Material Adverse Effect. (e) The Big Spring Guarantor shall, within six (6) Months months of the Closing Date, commence a Phase I Environmental Assessment of the Trinidad Big Spring Project siteSite. (e) The Trinidad Obligor shall, within sixty (60) days of the Closing Date, engage an operator for the Trinidad Project and such operator shall be approved by the Independent Engineer.

Project Implementation. The Recipient shall: adopt a Project Operation Manual, acceptable to the Association, which shall include: (i) Project implementation arrangements, organizational structure and specifications for modules; (ii) financial management, reporting and auditing procedures meeting the requirements of Section II of this Schedule 2; (iii) the Isolated Vulnerable Peoples Framework; (iv) procurement procedures for the Project including the Procurement Procedures set forth in Section III of this Schedule 2 and the Procurement Plan; (v) the Anti-Corruption Action Plan; and (vi) procedures for monitoring and reporting the Project’s progress; adopt each of the Accreditation Incentive Grants Implementation Manual, the Distance Learning Development Grants Implementation Manual and the Working Group Grants Implementation Manual; carry out the Project in accordance with the Project Operation Manual; each of the Accreditation Incentive Grants Implementation Manual, the Distance Learning Development Grants Implementation Manual and the Working Group Grants Implementation Manual; the Anti-Corruption Action Plan; and the Procurement Procedures and Procurement Plan, in each case in a manner acceptable to the Association; and not amend, abrogate, suspend or waive any provision of the Project Operation Manual, the Anti-Corruption Action Plan, the Accreditation Incentive Grants Implementation Manual, the Distance Learning Development Grants Implementation Manual, the Working Group Grants Implementation Manual or the Procurement Plan without the prior consent of the Association. 2. The Recipient shall carry out Part 1.2(a) of the Project in accordance with the provisions of the Accreditation Incentive Grants Implementation Manual and, except as the Association shall otherwise agree, the following provisions: (a) The Trinidad Obligor Accreditation Incentive Grants shall operate only be awarded to private and public universities and training institutions providing teacher education programs, and shall be subject to the Trinidad Project restrictions on maximum amount, disbursement conditions and all of its other property and rights matching contributions set out in accordance with customary industry practice and maintain the Trinidad Project and other property in good repair and condition (ordinary wear and tear excepted in respect thereof).Accreditation Incentive Grants Implementation Manual; and (b) Without limiting for each Accreditation Incentive Grant, a contract shall be entered into between the generality Beneficiary Institution and the Recipient’s Directorate General for Higher Education (DIKTI) setting forth the terms of such Grant prior to disbursement of such Grant. 3. The Recipient shall carry out Part 1.2(c) of the preceding clause (a), the Trinidad Obligor shall cause the construction of the Trinidad Project to be prosecuted and completed with due diligence and continuity and in accordance with the Trinidad EES Contract provisions of the Distance Learning Development Grants Implementation Manual and, except as the Association shall otherwise agree, the following provisions: (a) Distance Learning Development Grants shall only be awarded to selected universities offering distance learning programs for teachers, and shall be subject to the restrictions on maximum amount and disbursement conditions set out in the Distance Learning Development Grants Implementation Manual; and (b) for each Distance Learning Development Grant, a contract shall be entered into between the Beneficiary Institution and the Trinidad Turnkey Construction Contract Recipient’s Directorate General for Higher Education (except for interruptions due DIKTI) setting forth the terms of such Grant prior to any event disbursement of force majeure pursuant to any Trinidad Project Document, which such Grant. 4. The Recipient shall carry out Part 2.3 of the Trinidad Obligor shall use its best efforts to mitigate), in a good and workmanlike manner and in accordance with (i) sound generally accepted building and engineering practices, (ii) all Governmental Approvals and Applicable Laws applicable to the Trinidad Project or the Trinidad Obligor, (iii) the Trinidad Project Documents and (iv) the construction budget and the construction schedule for the Trinidad Project; PROVIDED that such budget or schedule shall be amended if the Independent Engineer delivers a certificate to the Bond Trustee certifying that such change is necessary and reasonable and that sufficient funds shall be available to the Trinidad Obligor to complete the Trinidad Project in accordance with such budget and schedulethe provisions of the Working Group Grants Implementation Manual and, except as amended.the Association shall otherwise agree, the following provisions: (ca) The Trinidad Obligor Working Group Grants shall only be awarded to: (i) Teachers’ Working Groups (KKG/MGMP); (ii) Principals’ Working Groups (KKKS/MKKS) to provide an Operating Budget support for Teachers’ Working Groups having received Working Group Grants; and (iii) Supervisors’ Working Groups (KKPS/MKPS) to the Independent Engineer sixty (60) days prior to the start of each year provide support for Principals’ Working Groups having received Working Group Grants, and shall be subject to the approval of restrictions on maximum amount and disbursement conditions set out in the Independent Engineer Working Group Grants Implementation Manual; and (such approval not to b) for each Working Group Grant, a contract shall be unreasonably withheld) entered into between the Teachers’ Working Group, Principals’ Working Group or Supervisor’s Working Group, as applicable, and the Trinidad Obligor shall comply with Recipient’s Directorate General for Quality Improvement of Teacher and Education Personnel (PMPTK) setting forth the terms of such budget; PROVIDED that if Grant prior to disbursement of such Operating Budget is not approved by the Independent Engineer, then the prior annual Operating Budget which was so approved shall remain in effect escalated in accordance with Trinidad CPIGrant. (d) The Trinidad Obligor shall, within six (6) Months of the Closing Date, commence a Phase I Environmental Assessment of the Trinidad Project site. (e) The Trinidad Obligor shall, within sixty (60) days of the Closing Date, engage an operator for the Trinidad Project and such operator shall be approved by the Independent Engineer.

Project Implementation. 1. The Recipient shall: (a) The Trinidad Obligor adopt a Project Operation Manual, acceptable to the Association, which shall operate include: (i) Project implementation arrangements, organizational structure and specifications for modules; (ii) financial management, reporting and auditing procedures meeting the Trinidad requirements of Section II of this Schedule 2; (iii) the Isolated Vulnerable Peoples Framework; (iv) procurement procedures for the Project including the Procurement Procedures set forth in Section III of this Schedule 2 and all of its other property the Procurement Plan; (v) the Anti-Corruption Action Plan; and rights in accordance with customary industry practice (vi) procedures for monitoring and maintain reporting the Trinidad Project and other property in good repair and condition (ordinary wear and tear excepted in respect thereof).Project’s progress; (b) Without limiting the generality adopt each of the preceding clause (a)Accreditation Incentive Grants Implementation Manual, the Trinidad Obligor shall cause Distance Learning Development Grants Implementation Manual and the construction of Working Group Grants Implementation Manual; (c) carry out the Trinidad Project to be prosecuted and completed with due diligence and continuity and in accordance with the Trinidad EES Contract Project Operation Manual; each of the Accreditation Incentive Grants Implementation Manual, the Distance Learning Development Grants Implementation Manual and the Trinidad Turnkey Construction Contract (except for interruptions due to any event of force majeure pursuant to any Trinidad Project Document, which Working Group Grants Implementation Manual; the Trinidad Obligor shall use its best efforts to mitigate)Anti-Corruption Action Plan; and the Procurement Procedures and Procurement Plan, in each case in a good and workmanlike manner and in accordance with (i) sound generally accepted building and engineering practices, (ii) all Governmental Approvals and Applicable Laws applicable acceptable to the Trinidad Association; and (d) not amend, abrogate, suspend or waive any provision of the Project Operation Manual, the Anti-Corruption Action Plan, the Accreditation Incentive Grants Implementation Manual, the Distance Learning Development Grants Implementation Manual, the Working Group Grants Implementation Manual or the Trinidad Obligor, (iiiProcurement Plan without the prior consent of the Association. 2. The Recipient shall carry out Part 1.2(a) of the Trinidad Project Documents and (iv) the construction budget and the construction schedule for the Trinidad Project; PROVIDED that such budget or schedule shall be amended if the Independent Engineer delivers a certificate to the Bond Trustee certifying that such change is necessary and reasonable and that sufficient funds shall be available to the Trinidad Obligor to complete the Trinidad Project in accordance with such budget and schedulethe provisions of the Accreditation Incentive Grants Implementation Manual and, except as amended.the Association shall otherwise agree, the following provisions: (ca) The Trinidad Obligor Accreditation Incentive Grants shall provide an Operating Budget only be awarded to the Independent Engineer sixty (60) days prior to the start of each year private and public universities and training institutions providing teacher education programs, and shall be subject to the approval restrictions on maximum amount, disbursement conditions and matching contributions set out in the Accreditation Incentive Grants Implementation Manual; and (b) for each Accreditation Incentive Grant, a contract shall be entered into between the Beneficiary Institution and the Recipient’s Directorate General for Higher Education (DIKTI) setting forth the terms of such Grant prior to disbursement of such Grant. 3. The Recipient shall carry out Part 1.2(c) of the Independent Engineer (such approval not to be unreasonably withheld) and the Trinidad Obligor shall comply with such budget; PROVIDED that if such Operating Budget is not approved by the Independent Engineer, then the prior annual Operating Budget which was so approved shall remain in effect escalated Project in accordance with Trinidad CPIthe provisions of the Distance Learning Development Grants Implementation Manual and, except as the Association shall otherwise agree, the following provisions: (a) Distance Learning Development Grants shall only be awarded to selected universities offering distance learning programs for teachers, and shall be subject to the restrictions on maximum amount and disbursement conditions set out in the Distance Learning Development Grants Implementation Manual; and (b) for each Distance Learning Development Grant, a contract shall be entered into between the Beneficiary Institution and the Recipient’s Directorate General for Higher Education (DIKTI) setting forth the terms of such Grant prior to disbursement of such Grant. (d) 4. The Trinidad Obligor shall, within six (6) Months Recipient shall carry out Part 2.3 of the Closing Date, commence a Phase I Environmental Assessment Project in accordance with the provisions of the Trinidad Project site.Working Group Grants Implementation Manual and, except as the Association shall otherwise agree, the following provisions: (ea) The Trinidad Obligor shallWorking Group Grants shall only be awarded to: (i) Teachers’ Working Groups (KKG/MGMP); (ii) Principals’ Working Groups (KKKS/MKKS) to provide support for Teachers’ Working Groups having received Working Group Grants; and (iii) Supervisors’ Working Groups (KKPS/MKPS) to provide support for Principals’ Working Groups having received Working Group Grants, within sixty (60) days of the Closing Date, engage an operator for the Trinidad Project and such operator shall be approved by subject to the Independent Engineer.restrictions on maximum amount and disbursement conditions set out in the Working Group Grants Implementation Manual; and

Project Implementation. (a) The Trinidad Obligor Concessionaire shall, at its own costs and expenses, construct the Project Facility, subject to adherence to Applicable Law and obtaining Applicable Permits for such construction, alteration or modification. Provided that, such construction, shall operate not at any time cause any damage or have a dangerous effect on either the Trinidad stability of the Project and all Facility or otherwise affect the safety of its other property and rights in accordance with customary industry practice and maintain the Trinidad users of the Project and other property in good repair and condition (ordinary wear and tear excepted in respect thereof)Facility. (b) Without limiting Unless otherwise permitted by SIIDCUL, no Construction Works shall begin until the generality of the preceding clause (a), the Trinidad Obligor shall cause the construction of the Trinidad Project to be prosecuted SIIDCUL is in place and completed with due diligence and continuity and in accordance with the Trinidad EES Contract and the Trinidad Turnkey Construction Contract (except for interruptions due to any event of force majeure pursuant to any Trinidad Project Document, which the Trinidad Obligor shall use its best efforts to mitigate), in a good and workmanlike manner and in accordance with (i) sound generally accepted building and engineering practices, (ii) all Governmental Approvals and Applicable Laws applicable to the Trinidad Project or the Trinidad Obligor, (iii) the Trinidad Project Documents and (iv) the construction budget and the construction schedule for the Trinidad Project; PROVIDED that such budget or schedule shall be amended if the Independent Engineer delivers a certificate to the Bond Trustee certifying that such change is necessary and reasonable and that sufficient funds shall be available to the Trinidad Obligor to complete the Trinidad Project in accordance with such budget and schedule, as amendedhas assumed charge. (c) The Trinidad Obligor Concessionaire shall provide an Operating Budget to submit such documents and reports as are reasonably required by the Independent Engineer sixty (60) days prior to the start of each year subject to the approval Authority for issue of the Independent Engineer (such approval not to be unreasonably withheld) and the Trinidad Obligor shall comply with such budget; PROVIDED that if such Operating Budget is not approved by the Independent Engineer, then the prior annual Operating Budget which was so approved shall remain in effect escalated in accordance with Trinidad CPICompletion Certificate. (d) The Trinidad Obligor shallConcessionaire shall make his own arrangements for adequate and timely supply of electricity, within six (6) Months water, gas and other utilities required for execution of the Closing Date, commence a Phase I Environmental Assessment of Construction Works and SIIDCUL shall be in no way responsible for the Trinidad Project sitesame. (e) During Construction Period, the Concessionaire shall be responsible for keeping unauthorized persons off Project Site, and authorized persons shall be limited to the employees of the Concessionaire, employees of his subcontractor and persons authorized by SIIDCUL. (f) The Trinidad Obligor Concessionaire shall adhere to Construction Requirements; achieve COD on or before the SPCD. (g) The Concessionaire may undertake Construction Works by itself or through a Contractor possessing requisite technical, financial and managerial expertise/ capability; but in either case, the Concessionaire shall remain solely responsible to meet the Construction Requirements. (h) The Concessionaire shall, before commencement of Construction Works; (i) have requisite organization and designate and appoint suitable officers/ representatives as it may deem appropriate to supervise the Project, to deal with the SIIDCUL and to be responsible for all necessary exchange of information required pursuant to this Agreement; (i) For the purposes of determining that Construction Works are being undertaken in accordance with the Construction Requirements, the Concessionaire shall with due diligence carry out all necessary and periodical Tests in accordance with and as per the instructions of the Authority and such Tests shall be carried out under the supervision of the Authority. The Concessionaire shall maintain proper record of such Tests and the remedial measures taken to cure the defects or deficiencies, if any, indicated by the Test results. (j) If the Tests are successful and the Project Facility can be safely and reliably opened for operation, the Authority shall issue the Completion Certificate within sixty (60) 7 days of the Closing Datecompletion of such Tests. Provided that, engage an operator notwithstanding that certain works or things forming part of Construction Works are not complete, if following Tests the Authority determines that the Project Facility can be safely and reliably opened for operations, the Trinidad Project Authority may issue Provisional Completion Certificate to the Concessionaire. The Provisional Completion Certificate shall have appended thereto a list of outstanding items signed jointly by the Authority and such operator the Concessionaire ("Punch List"). All Punch List items shall be approved completed by the Independent EngineerConcessionaire within such time as may be determined by the Authority , but not exceeding 60 days from the date of issue of the Provisional Completion Certificate. Upon satisfactory completion of all Punch List items, the Authority, shall promptly and in any case within 7 days thereof, issue the Completion Certificate. (k) If the Concessionaire fails to complete the Punch List items within the said period of 60 days, SIIDCUL may, without prejudice to any other rights or remedy available to it under this Agreement, have such items completed at the risk and costs of the Concessionaire. In such an event, the Concessionaire shall reimburse to SIIDCUL, one and half times of the cost incurred by SIIDCUL in completing the Punch List items, within 7 days from the date of receipt of a claim in respect thereof from SIIDCUL. The Authority may issue Project Facility Completion Certificate only upon such reimbursement being made by the Concessionaire to SIIDCUL. (l) The Authority, may, by written notice, require the Concessionaire to suspend forthwith the whole or any part of the Construction Works, if in its reasonable opinion the same is being carried on in a manner that is not in conformity with the Construction Requirements. (m) The Construction Works shall be deemed to be complete and ready for commercial operations only when the Provisional Completion Certificate or the Completion Certificate is issued by the Authority in accordance with the provisions hereof. Provided if COD is delayed beyond 90 days of the SPCD, SIIDCUL shall, subject to the provisions of Article 8, be entitled to terminate this Agreement and to appropriate the Performance Security.