draft concession contract - PPP in Infrastructure Resource Center

Concessionaire shall take reasonable precautions to prevent its staff, labour or otherPersons from removing or damaging any such article or thing. The Concessionaireshall, immediately upon discovery of such article or thing, advise the ImplementingAuthority and the Independent Engineer, who shall issue instructions for dealing withit.7.5.2 The Concessionaire shall be entitled to an extension of the Time for Completion ofthe relevant Construction Works and/or compensation from the ImplementingAuthority for all increased costs and/or loss of revenue incurred or delay in receipt ofrevenue suffered by the Concessionaire and/or a relief from penalties under Clause11.9.2 (b), (c) and (d) as a result of having followed the instructions of theIndependent Engineer issued pursuant to Clause 7.5.1. The Concessionaire shallgive notice to the Independent Engineer of any claim under this Clause with a copyto the Implementing Authority. After receipt of such notice, the IndependentEngineer shall proceed to determine:(a)(b)(c)any extension of the Time for Completion of the relevant Construction Worksto which the Concessionaire is entitled; and/orany monetary compensation to which the Concessionaire is entitled; and/orany relief from penalties under Clause 11.9.2(b), (c) and (d) to which theConcessionaire is entitled.7.5.3 Subject to complying with its obligations under Clause 7.5.1, the Concessionaireshall be required to minimise and mitigate, and to procure that its sub-contractorsminimise and mitigate, to the maximum extent reasonably possible theconsequences of any such discovery as is referred to in this Clause.7.6 Physical Conditions7.6.1 Subject as otherwise expressly provided in this Concession Contract, theConcessionaire shall bear all risks and costs with regard to:(a)(b)(c)any weather conditions, including, without limitation, floods;any pollution, contamination or other damage to the Site or the Highway orany defect in the Highway (in any such case whenever caused and whetheror not known to the Implementing Authority or any Relevant Authority);the physical conditions or obstructions on the Site (both above ground andsubsurface and whether artificial or not) whether foreseen or unforeseenwhich are encountered during Construction Works or otherwise.7.6.2 The Concessionaire shall indemnify and keep indemnified the ImplementingAuthority during the Concession Period and thereafter against any costs, loss orexpense incurred by the Implementing Authority arising out of or in connection with:(a)the conservation of the Environment of the Site and the area impacted by theProject during the Concession Period;29PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC)Reviewed: Robert Phillips, LEGPShttp://www.worldbank.org/ppp February 2007