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khandwa-burhanpur road - Madhya Pradesh Road Development ...

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1 27.8 Fee collection points<br />

Fee shall ordinarily be collected at the Toll Plazas from vehicles<br />

crossing the Toll Plazas and using the whole or part of the Project<br />

Highway; provided that for preventing evasion of Fee by any<br />

vehicle circumventing one or both of the Toll Plazas and using the<br />

whole or part of the Project Highway [located between such Toll<br />

Plazas], the Concessionaire shall be entitled to set up at its own<br />

risk and cost, and in consultation with the Independent Engineer,<br />

its temporary or permanent Fee collection booths, or impose such<br />

other restrictions on entry to the Project Highway, as may<br />

reasonably be necessary for preventing such evasion. For the<br />

avoidance of doubt, the Concessionaire hereby acknowledges and<br />

agrees that it shall not determine or collect Fee from Users who<br />

[only use part of the Project Highway which is situated between<br />

the two Toll Plazas OR only use part of the Project Highway<br />

situated on any one side of the Toll Plaza.<br />

2 27.12 Deemed Shadow Fee<br />

Fee shall ordinarily be collected at the Toll Plaza(s )from<br />

vehicles crossing the Toll Plaza(s) and using the whole or part<br />

of the Project Highway; provided that for preventing evasion<br />

of Fee by any vehicle circumventing one or both of the Toll<br />

Plaza(s) and using the whole or part of the Project Highway<br />

[located between such Toll Plazas], the Concessionaire shall<br />

be entitled to set up at its own risk and cost, and in<br />

consultation with the Independent Engineer, its temporary or<br />

permanent Fee collection booths, or impose such other<br />

restrictions on entry to the Project Highway, as may<br />

reasonably be necessary for preventing such evasion. For the<br />

avoidance of doubt, the Concessionaire hereby acknowledges<br />

and agrees that it shall not determine or collect Fee from<br />

Users who do not use any part of the Project Highway which<br />

is situated between the two Toll Plazas OR only use part of<br />

the Project Highway situated on any one side of the Toll<br />

Plaza. It is further acknowledged and agreed that the<br />

restrictions hereunder shall not extend beyond a distance of 10<br />

(ten) kilometers from the Toll Plaza(s) and the provisions of<br />

this clause 27.8 shall be so enforced as to minimize<br />

inconvenience to User who are not liable to payment of fee.<br />

This clause stands deleted<br />

27.12.1 The Parties expressly agrees that as on COD, an aggregate of<br />

2038 (two thousand thirty eight) PCUs per day shall be deemed<br />

to represent the vehicles which are exempted from payment of<br />

Fee in accordance with the Fee Notification and this Agreement<br />

(the “Exempt PCUs”). The Parties further agrees that<br />

notwithstanding the actual traffic on the Project Highway, the<br />

Concessionaire shall be deemed to have forgone the Fee revenues<br />

in respect of the aforesaid number of exempt PCUs and the<br />

MPRDC shall pay to the Concessionaire a deemed Shadow Fee

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