Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

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28(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)(n)any default or delay by a statutory authority, undertaker or utility in the issueor extension of a Permit or carrying out or provision of works or services thatit is bound to carry out or provide or any failure or shortage of power, fuel ortransport;any act or omission of any political or governmental agency or body, anywithdrawal of a Permit or the failure by a political, governmental or regulatoryagency to renew a Permit;an Emergency;loss or damage due to the use or occupation by the Purchaser or a third partyin the control of the Purchaser (including Utilities) of any part of the Site orthe Facility, except as may be provided for in the Contract;any operation of the forces of nature against which an experienced contractoror operator could not reasonably have been expected to take precautions;changes in Applicable Law which came into force after the Base Date;any act, omission or default by the Purchaser;any failure of Utilities or failure by the Purchaser which causes the reductionor suspension of such services;failure by the Purchaser to procure or maintain Permits in accordance withClause 1.9;environmental contamination by a Dangerous Substance (unless caused by theSupplier’s negligent acts or omissions) which needs to be removed or treated;any defect or flaw (including latent defect) in the condition of the Facility orSite (including underground assets such as the Purchaser’s pipelines and tanksbelonging to the water authority and sewerage undertaker) other than a defectresulting from a breach of the Supplier’s obligations under this Contract whichis in existence at the date of this Contract; and(o) suspension pursuant to Clause 15.4.17.4 Consequences of Release Events(a)(b)The Supplier shall give notice, to the Purchaser, of a Release Event upon itbeing foreseen by, or becoming known to, the Supplier.If and to the extent that the Supplier is prevented or hindered from executingthe Services as a result of a Release Event, for the period that the ReleaseEvent continues the Supplier shall be relieved of its obligations to provide theServices but shall endeavour to perform its obligations under the Contract asfar as reasonably practicable, PROVIDED that if and to the extent that theSupplier incurs additional Cost in so doing, the Supplier shall be entitled to theamount of such Cost (the Supplier having taken reasonable steps to mitigatethat Cost).PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007
29(c)(d)(e)If and to the extent that the Supplier suffers a delay during the InstallationPeriod as a result of the Release Event then it shall be entitle to a fair andreasonable extension for the Time for Completion in accordance with Sub-Clause 7.3.If a Release Event results in a loss or damage to the Facility, then Suppliershall rectify such loss or damage to the extent required by the Purchaser,PROVIDED that any Cost of rectification (less any insurance proceedsreceived by the Supplier for the loss or damage) is borne by the Purchaser (theSupplier having taken reasonable steps to mitigate the Cost).Release Events specified in:(i)(ii)Sub-Clauses 17.3(g), (j), (l) and (o); andSub-Clauses 17.3(a), (b), (c), (d), (e), (f), (h), (i), (k), (m) and (n) to theextent that they are due, directly or indirectly, to the action or inactionof the Purchaserare “Purchaser Risks”. If the Supplier suffers delay or the Services areinterrupted as a result of a Purchaser Risk, and this results in a loss of profit bythe Supplier, then the Supplier shall be entitled to be compensated forreasonable loss of profit at the rates per day set out in Schedule 4 Part 1 inaddition to the Base Monthly Charge.For all other Release Events, the Supplier shall not be entitle to a loss of profitelement during the period of interruption in addition to the Base MonthlyCharge. [Note: this is drafted on the assumption that Base Monthly Chargewill cover all fixed costs plus a profit element](f)(g)For the purposes of Clause 16 (termination), any Release Events which are notPurchaser Risks shall be treated in the same way as termination for extendedForce Majeure.The Supplier shall be entitled to payment of the Base Monthly Charge duringthe period of interruption irrespective of whether the Release Event is aPurchaser Risk or not.17.5 Patent Rights[Note: Are Purchaser’s Patents being used? Is it likely the Purchaser will infringeany of Supplier’s patents? If so, a reciprocal indemnity is required]The Supplier shall indemnify the Purchaser against all claims of infringement of anypatent, registered design, copyright, trade mark or trade name, or other intellectualproperty right, if:(a)the claim or proceedings arise out of the design, installation or use of theFacility;PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007
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Page 41 and 42: 41SCHEDULE 2REPORTSThe Supplier sha
Page 43 and 44: 43SCHEDULE 4FEES AND CONSEQUENCES O
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Page 47 and 48: 47SCHEDULE 6INSURANCEPPP in Infrast
Page 49 and 50: 49SCHEDULE 8[LICENCE/LEASE]PPP in I
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