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water and sanitation concession agreement - example 1 annexures ...

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any category 3 unforseen Water Supply Services cut longer than 72 (seventy two) hours from being notified or becoming aware of<br />

the fact;<br />

any category 2 unforseen Water Supply Services cut where repair is not effected or an alternative services is not provided within a<br />

period of 18 hours but is resumed within a period of 24 (twenty four) hours from being notified or becoming aware of the fact;<br />

any category 2 unforseen Water Supply Services but where the incident is not attended to within 6 (six) hour but is attended to<br />

within 12 (twelve) hours from being notified or becoming aware of the fact;<br />

any category 1 unforseen Water Supply Services cut where repair is not attended to within 2 (two) hours but is attended to within 4<br />

(four) hours from being notified or becoming aware of the fact;<br />

<br />

<br />

<br />

any discharge without serious consequences of effluents from a treatment plant that do not achieve the required quality levels for<br />

95% (ninety five per centum) of the time;<br />

failure to request the intervention of the Competent Authority in environmental matters through the Council of which the<br />

Concessionaire has become aware;<br />

any omission in the agreed processes of quality control of Potable Water where there is no agreed waiver in place.<br />

CATEGORY FOUR SANCTION<br />

The Concessionaire may be sanctioned by way of a penalty of [AMOUNT AND CURRENCY] in the following circumstances-<br />

<br />

<br />

<br />

recurrence within the period of 1 (one) year of one of the breaches in Level 3 that have been sanctioned previously;<br />

any unforseen Water Supply Services cut to an area for a period exceeding 36 (thirty six) hours from being notified or becoming<br />

aware of the fact without alternative arrangements being put in place;<br />

any unforseen Water Supply Services cut to an individual Consumer for a period exceeding 72 (seventy two) hours from being<br />

notified or becoming aware of the fact without alternative arrangements being put in place;<br />

50<br />

PPP in Infrastructure Resource Center for Contracts, Laws <strong>and</strong> Regulations (PPPIRC)<br />

Reviewed: Victoria R. Delmon, LEGPS<br />

http://www.worldbank.org/ppp November 2007

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