Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform, subject to and in accordance with provisions of this Agreement and the Applicable Laws, the following; upon written request from the Concessionaire and subject to the Concessionaire comply with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring applicable Permits required from any Government Instrumentality for implementation and operation of the Project Highway subject to and in accordance with terms hereof; upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; procure that no barriers are erected or placed on or about the Project highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order or collection of inter-state taxes; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the project Highway; subject to and in accordance with the Applicable laws, grant to the Concessionaire the authority to regulate traffic on the Project Highway; assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Project Highway; 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; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the Provisions of this Agreement ; and upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits in such manner as may be necessary to facilitate the compliance of this Agreement and the Project Agreements. Maintenance obligations prior to Appointed Date{...(O&M Handover Date}5
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertakeundertakes, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following; upon written request from the Concessionaire and subject to the Concessionaire comply with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring applicable Permits required from any Government Instrumentality for implementation and operation of the Project Highway subject to and in accordance with terms hereof; upon written : Upon request from the Concessionaire, provide reasonable assistance support to the Concessionaire in obtaining access procuring Applicable Permits. However, non- rendering of any support by the Authority shall not absolve the Concessionaire of its obligation to obtain all necessary infrastructure facilities Applicable Permits ; Ensure timely release of Storage and utilities, including water and electricity at rates and on terms no less favourable Handling Charges to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; procure that no barriers are erected or placed on or about the Project highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order or collection of inter-state taxes; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part performance of the project Highwayobligation as provided herein; subject to Support and in accordance with the Applicable laws, grant to the Concessionaire the authority to regulate traffic on the Project Highway; assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Project Highway; 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; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the Provisions provisions of this Agreement Agreement; Appoint a suitably qualified agency as Independent Engineer & Auditor (IE&A) at reasonable compensation within the specified period as defined in Clause 13.1.1. The compensation to the IE&A shall be paid by the Authority; however, the same shall be reimbursed to the extent of one-half by the Concessionaire ; [Co-ordinate with State Government and upon written request other Government agencies for declaration of Silo Complex as mandi yard under the applicable regulation in all areas where wheat is being procured by the Authority]; Provide the Concessionaire 500 metric ton (MT) of Food Grain for trial runs of the silo prior to issue of Completion Certificate on terms specified in Clause 10.6.3; During the Operation Period, arrange, at its cost and expense, for delivery of the Food Grain for storage to the Silo Complex; arrange, at its cost and expense, for dispatch of Food Grain from the Concessionaire Silo Complex; [arrange, at its cost and subject expense, for bags for bagging operation in the Silo Complex]; provide atleast 48 hours notice, in writing, for receipt of Food Grain at the Silo Complex to the provisions of Clause 5.4Concessionaire; provide atleast 72 hours notice, provide reasonable assistance in writing, to the Concessionaire before placing indent for dispatch of Food Grain from the Silo Complex by rail or by road; arrange for transportation of empty bags, as and any expatriate personnel of when required, to and from the Silo Complex; designate representatives authorised to issue instruction to the Concessionaire or its Contractors relating to obtain applicable visas operations including acceptance and work permits dispatch of Food Grain; Shift Food Grain consignment not accepted by the Concessionaire as not meeting the Grain Acceptance Specifications within 48 hours from the Silo Complex; and Allow the Concessionaire to use the rail siding for other commercial purposes as per the terms specified in such manner as may be necessary to facilitate the compliance Clause 16.1.1 of this Agreement and the Project Agreements. Maintenance obligations prior to Appointed Date{...(O&M Handover Date}5Agreement.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following; : upon written request from the Concessionaire Concessionaire, and subject to the Concessionaire comply complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring applicable Applicable Permits required from any Government Instrumentality for implementation and operation of the Project Highway subject to and in accordance with terms hereofProject; upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; procure that no barriers are erected or placed on or about the Project highway Highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or security, law and order or collection of inter-state taxes; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the project Project Highway; subject to and in accordance with the Applicable lawsLaws, grant to the Concessionaire the authority to regulate traffic on the Project Highway; assist the Concessionaire in procuring police Police assistance for regulation of traffic, removal of trespassers and security on or at the Project Highway; 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; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the Provisions provisions of this Agreement Agreement; and upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits in such manner as may be necessary to facilitate for the compliance purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements. Maintenance obligations prior to Appointed Date{...(O&M Handover Date}5Date During the Development Period, the Authority shall maintain the Project Highway, at its own cost and expense, so that its traffic worthiness and safety are at no time materially inferior as compared to its condition 7 (seven) days prior to the last date for submission of the Bid, and in the event of any material deterioration or damage other than normal wear and tear, undertake repair thereof, or pay to the Concessionaire the cost and expense, as determined by the Independent Engineer, for undertaking such repair after the Appointed Date. For the avoidance of doubt, the Authority shall undertake only routine maintenance during the Development Period, and it shall undertake special repairs only for ensuring safe operation of the Project Highway, or in the event of excessive deterioration or damage caused due to unforeseen events such as floods or torrential rain. Obligations relating to Competing Roads The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety percent) of its designed capacity specified in Clause
Appears in 1 contract
Samples: Escrow Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire Operator and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following: provide the routes to be undertaken by the Operator as detailed in Clause 16.4 herein and in accordance with the Deployment Plan; provide land (along with any buildings, constructions or immovable assets, if any, thereon), free from Encumbrances, on licence for setting up and operating Maintenance Depots in accordance with the provisions of this Agreement; provide, or cause to be provided, road connectivity at any location on the boundary of the Maintenance Depots; provide, or cause to be provided, reasonable support to the Operator in procuring electric transmission lines and sub-station as specified in Schedule-A, at any location situated within 500 m (five hundred meters) of the boundary of the Maintenance Depots; upon written request from the Concessionaire and subject to Operator, assist the Concessionaire comply with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring applicable Permits required from any Government Instrumentality for implementation and operation of the Project Highway subject to and in accordance with terms hereof; upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire Operator in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates for the Maintenance Depots; upon written request from the Operator, provide the Operator with competent and on terms no less favourable trained employees to assist the Operator in carrying out its duties under this Agreement; upon written request from the Operator, and subject to the Concessionaire than those generally available Operator complying with Applicable Laws, provide all reasonable support and assistance to commercial customers receiving substantially equivalent services; procure that no barriers are erected or placed on or about the Project highway by Operator in procuring Applicable Permits, including environmental for construction and operation of the Maintenance Depots, required from any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law implementation and order or collection of inter-state taxes; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part operation of the project Highway; subject to and objectives set forth in accordance with the Applicable laws, grant to the Concessionaire the authority to regulate traffic on the Project Highway; assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Project Highwaythis Agreement; 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; support, cooperate with and facilitate the Concessionaire Operator in the implementation and operation of the Project in accordance with the Provisions provisions of this Agreement Agreement; and upon written request from the Concessionaire Operator and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire Operator and any expatriate personnel of the Concessionaire Operator or its Contractors to obtain applicable visas and work permits in such manner as may be necessary to facilitate for the compliance purposes of discharge by the Operator or its Contractors their obligations under this Agreement and the Project Agreements. Maintenance obligations prior to Appointed Date{...(O&M Handover Date}5Agreement.
Appears in 1 contract
Samples: Escrow Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following; : upon written request from the Concessionaire and subject to the Concessionaire comply complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring applicable Applicable Permits required from any Government Instrumentality for implementation and operation of the Project Highway subject to and in accordance with terms hereof; upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; procure that no barriers are erected or placed on or about the Project highway Highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order or collection of inter-state taxes; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the project Project Highway; subject to and in accordance with the Applicable lawsLaws, grant to the Concessionaire the authority to regulate traffic on the Project Highway; assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Project Highway; 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; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the Provisions provisions of this Agreement Agreement; and upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits in such manner as may be necessary to facilitate the compliance of this Agreement and the Project Agreements. Maintenance obligations prior to Appointed Date{...(O&M Date {….(O&M Handover Date}5Date)}4 Prior to Appointed Date {….(O&M Handover Date)},5 the Authority shall maintain {and/or cause to be maintained through existing annuity/ contractor}6 the Project Highway, at its own cost and expense, so that its traffic worthiness and safety are at no time materially inferior as compared to its condition 7 (seven) days prior to the last date for submission of the Bid, and in the event of any material deterioration or damage other than normal wear and tear, undertake repair thereof, or pay to the Concessionaire the cost and expense, as determined by the Independent Engineer, for undertaking such repair after the Appointed Date. For the avoidance of doubt, the Authority shall undertake or caused to be undertaken only routine maintenance prior to the Appointed Date {….(O&M Handover Date)}7, and it shall undertake or caused to be undertaken special repairs only for ensuring safe operation of the Project Highway, or in the event of excessive deterioration or damage caused due to unforeseen events such as floods or torrential rain. Obligations relating to Competing Roads The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any 3 (three) consecutive years exceeds 90% (ninety percent) of its designed capacity as stipulated in the Specifications and Standards. Upon breach of its obligations hereunder, the provisions of the Fee Rules shall apply. Obligations relating to refinancing Upon request made by the Concessionaire to this effect, the Authority shall, in conformity with any regulations or guidelines that may be notified by the State Government or the Government of India or the Reserve Bank of India, as the case may be, permit and enable the Concessionaire to secure refinancing on such terms as may be agreed upon between the Concessionaire and the entity providing such refinancing; provided, however, that the refinancing hereunder shall always be subject to the prior consent of the Authority, which consent shall not be unreasonably withheld. The Authority shall endeavour to convey its decision on such request of the Concessionaire within 30 (thirty) days of receipt of the proposal by the Authority. 4 In case of Annuity Concession/New EPC and to be deleted in case of Item Rate 5 In case of Annuity Concession/New EPC 6 In case of Annuity Concession/New EPC 7 In case of Annuity Concession/New EPC
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense undertakeundertaken, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following; : upon written request from the Concessionaire Concessionaire, and subject to the Concessionaire comply complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring applicable Applicable Permits required from any Government Instrumentality for implementation and operation of the Project Highway subject to and in accordance with terms hereof; upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent servicesProject; procure that no barriers are erected or placed on or about the Project highway Storage Facility by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or security, law and order or collection of inter-state taxes; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the project Highway; subject to and in accordance with the Applicable laws, grant to the Concessionaire the authority to regulate traffic on the Project Highway; assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Project HighwayStorage Facility; 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; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the Provisions provisions of this Agreement Agreement; and upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits in such manner as may be necessary to facilitate for the compliance purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements. Maintenance obligations ensure timely release of Storage and Handling Charges to the Concessionaire on performance of the obligation as provided herein; Obligations related to consideration for transfer of land The Authority shall, upon transfer of land by the Concessionaire under Clause 10.2.3, pay consideration in one instalment as per the provision of Clause 10.2.4. Obligations of the Authority during the Operation Period, Authority shall arrange at its own cost/expense for transport/movement of Food Grains to and from Storage Facility and the Authority shall allow reasonable time notices to the Concessionaire in order to facilitate such movements. Operational guidelines to be followed by the Authority in respect of movement of Food Grains are provided in Schedule V. Obligations relating to refinancing Upon request made by the Concessionaire to this effect, the Authority shall, in conformity with any regulations or guidelines that may be notified by the Government or the Reserve Bank of India, as the case may be, permit and enable the Concessionaire to secure refinancing, in whole or in part, of the Debt Due on such terms as may be agreed upon between the Concessionaire and the entity providing such refinancing; provided, however, that the refinancing hereunder shall always be subject to the prior consent of the Authority, which consent shall not be unreasonably withheld. For the avoidance of doubt, the tenure of debt refinanced hereunder may be determined mutually between the Senior Lenders and the Concessionaire, but the repayment thereof shall be completed no later than 1 (one) year prior to Appointed Date{...(O&M Handover Date}5expiry of the Concession Period
Appears in 1 contract
Samples: Draft Concession Agreement
Obligations of the Authority. Obligations of the Authority The Authority shall, at its own cost and expense expenses undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. The Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following; : upon written request from the Concessionaire Concessionaire, and subject to the Concessionaire comply complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring applicable Applicable Permits required from any Government Instrumentality for implementation and operation of the Project Highway subject to and in accordance with terms hereofProject; upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; procure that no barriers are erected or placed on or about the Project highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order or collection of inter-state taxes; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the project Highway; subject to Clause 3.1.1 and Schedule-C (Project Facilities) and in accordance with the Applicable lawsLaws, grant to the Concessionaire the authority to regulate traffic on use of the Project HighwayProject; assist the Concessionaire in procuring police assistance for regulation of movement of Users/ traffic, removal of trespassers and security on or at the Project HighwayProject; not do or omit to do any act, deed or thing which may may, in any manner be violative of any of the provisions of this Agreement; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the Provisions provisions of this Agreement Agreement; and upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits in such manner as may be necessary to facilitate the compliance of for discharging their respective obligations under this Agreement and the Project Agreements; upon written request from the Concessionaire provide reasonable assistance to the Concessionaire for obtaining Applicable Permits including environmental clearances; undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring approvals. Maintenance obligations Obligations relating to refinancing Upon request made by the Concessionaire to this effect, the Authority shall, in conformity with any regulations or guidelines that may be notified by the Government or the Reserve Bank of India, as the case may be, permit and enable the Concessionaire to secure refinancing, in whole or in part, of the Debt Due on such terms as may be agreed upon between the Concessionaire and the entity providing such refinancing; provided, however, that the refinancing hereunder shall always be subject to the prior consent of the Authority, which consent shall not be unreasonably withheld. For the avoidance of doubt, the tenure of debt refinanced hereunder may be determined mutually between the Senior Lenders and the Concessionaire, but the repayment thereof shall be completed no later than 1 (one) year prior to Appointed Date{...(O&M Handover Date}5expiry of the Concession Period.
Appears in 1 contract
Samples: Concession Agreement
