Common use of Shifting of obstructing utilities Clause in Contracts

Shifting of obstructing utilities. The Concessionaire shall, subject to Applicable Laws, with due approval of the entity owning the utility and with assistance of the Authority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Site if and only if such utility causes a material adverse effect on the construction, operation or maintenance of the Project or Project Facilities. The cost of such shifting shall be borne by the Authority or by the entity owning such utility, if the Authority so directs, and in the event of any delay in shifting thereof, the Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be.

Appears in 2 contracts

Samples: Iii Concession Agreement, Concession Agreement

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Shifting of obstructing utilities. 11.2.1. The Concessionaire shall, subject to Applicable Laws, with due approval of the entity owning the utility Laws and with assistance of the Authority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Site if and only if such utility causes or shall cause a material adverse effect on the construction, operation or maintenance of the Project or Project FacilitiesProject. The cost of such shifting shall be borne by the Authority or by the entity owning such utility, if the Authority so directs, based on approval of estimated cost of such shifting work by the Authority and in the event of any delay in shifting thereof, the Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Shifting of obstructing utilities. 11.2.1. The Concessionaire shall, subject to Applicable Laws, with due approval of the entity owning the utility Laws and with assistance of the Authority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Site if and only if such utility causes or shall cause a material adverse effect Material Adverse Effect on the constructiondevelopment, operation or maintenance of the Project or Project FacilitiesAirport. The cost of such shifting shall be borne by the Authority in accordance with the payment terms specified in Clause 11.2.2, or by the entity owning such utility, if the Authority so directs, and in the event of any delay in shifting thereof, the Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be.

Appears in 1 contract

Samples: Concession Agreement

Shifting of obstructing utilities. The Concessionaire shall, subject to Applicable Laws, with due approval of the entity owning the utility Laws and with assistance of the Authority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Site if and only if such utility causes or shall cause a material adverse effect on the construction, operation or maintenance of the Project or Project FacilitiesHospital and/or the Medical College, as the case may be. The cost of such shifting shall be borne by the Authority or by the entity owning such utility, if the Authority so directs, and in the event of any delay in shifting thereof, the Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be.

Appears in 1 contract

Samples: Leave and License Agreement

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Shifting of obstructing utilities. The Concessionaire shall, subject to Applicable Laws, with due approval Laws and under the supervision of the entity owning the utility and with assistance of the Authorityconcerned agency/ies, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Site if and only if such utility causes a material adverse effect Material Adverse Effect on the construction, operation or maintenance of the Project or Project FacilitiesHighway. The cost of such shifting will be as per the rates estimated by the concerned agencies and shall be borne by the Authority concerned agency/ies or by GOTN, HD based on the entity owning such utility, if estimates prepared by the Authority so directs, respective agency/ies and in the event of any delay in shifting thereof, the Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be.

Appears in 1 contract

Samples: Concession Agreement

Shifting of obstructing utilities. The Concessionaire shall, subject to Applicable Laws, with due approval Laws and under the supervision of the entity owning the utility and with assistance of the Authorityconcerned agency/ies, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Site if and only if such utility causes or shall cause a material adverse effect on the construction, operation or maintenance of the Project or Project FacilitiesHighway. The cost of such shifting will be as per the rates estimated by the concerned agencies and shall be borne by the Authority or Concessionaire based on the estimates prepared by the entity owning such utility, if the Authority so directs, and in respective agency/ies. In the event of any delay in shifting thereof, the Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be.

Appears in 1 contract

Samples: Concession Agreement

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