draft concession contract - PPP in Infrastructure Resource Center

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8.2 CommencementSubject and without prejudice to the Implementing Authority's obligations underClause 7.2, the Concessionaire shall be entitled to commence construction of theInitial Construction Works at any time after the Effective Date provided thatConstruction Commencement of the Initial Construction Works shall be effected notlater than 40 Business Days after the Effective Date.8.3 CompletionConstruction Completion of the Initial Construction Works on any Highway Sectionshall be effected not later than the dates specified in Annexure I in respect of thatHighway Section except as such dates may be otherwise extended pursuant to thisConcession Contract.8.4 Environmental Regulations8.4.1 The Concessionaire shall, at its cost, comply with the Environmental Requirementsof Annexure IV.8.4.2 The Implementing Authority shall use all reasonable endeavours in assisting theConcessionaire to obtain any environmental permits required by the Concessionaireto perform the Project and its obligations under this Concession Contract provided,however, that the Implementing Authority shall bear no liability for any failure of theConcessionaire to obtain such permits.8.4.3 In performing the Project and its functions under this Concession Contract, theConcessionaire shall take all necessary steps to ensure that appropriate pollutioncontrol and other environmental protection measures are taken by itself and itsagents, servants, employees and sub-contractors in accordance with any applicablelaws or regulations.8.5 Access to the Site and FacilitiesThe Implementing Authority or any of its designated representatives may from timeto time, enter any part of the Site but, in respect of those parts of the Site on whichConstruction Works are being carried out, only at reasonable times and onreasonable prior notice to the Concessionaire and the relevant Contractor providedthat the Implementing Authority or its designated representative must comply withthe reasonable safety requirements of the Concessionaire or Contractor whichgenerally apply. The Concessionaire shall provide the Independent Engineer withadequate office space and facilities at the Site in accordance with the requirementsof the Independent Engineer's Agreement and shall provide copies of all informationand reports which are furnished to the Implementing Authority also to theIndependent Engineer. The Concessionaire and the Implementing Authority shallco-operate fully with the Independent Engineer in the performance of its duties.35PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC)Reviewed: Robert Phillips, LEGPShttp://www.worldbank.org/ppp February 2007
8.6 Information Relating to the Construction Works8.6.1 The Concessionaire shall furnish to the Implementing Authority or any of itsdesignated representatives all such reports and other information relating toConstruction Works as the Implementing Authority may reasonably request fromtime to time.8.6.2 The Concessionaire shall provide to the Implementing Authority copies of themonthly and quarterly construction progress reports in the form set out in AnnexureXVII and the payment reports of the Contractor and all reports relating to qualityassurance and design and construction verification.8.6.3 Upon Construction Completion and at any time thereafter upon request, theConcessionaire shall supply the Implementing Authority with copies of all as-builtdrawings and other technical and design information, completion records and allother Construction Documents relating to the finished Construction Works.8.7 Disruption to Existing TrafficThe Concessionaire shall ensure that the Construction Works do not cause anydisruption to existing traffic nor to activities on adjoining land except to the extentthat such disruption cannot reasonably be avoided as a result of such ConstructionWorks being carried out. Where disruption cannot reasonably be avoided, theConcessionaire shall ensure that appropriate traffic management measures areimplemented to minimise the effect of any such disruption on road users or adjoiningland holders.9. COMMISSIONING9.1 Concessionaire to Operate and MaintainThe Concessionaire shall with effect from delivery to it of vacant possession of eachpart of the Site pursuant to Clause 7.2:9.1.1 commence or procure the commencement of Operation and Maintenance of suchpart of the Site; and9.1.2 ensure that the relevant Highway Sections located or partially located within suchparts of the Site satisfy the Implementing Authority's Requirements.The Concessionaire may only charge and collect tolls in accordance with Clause 10.9.2 Inspection of Construction Works9.2.1 Upon the Contractor giving notice to the Concessionaire of the anticipatedcompletion of any Construction Works to be carried out in respect of any HighwaySection and its Associated Facilities, the Concessionaire shall forthwith notify theImplementing Authority and the Independent Engineer thereof in writing providedthat such notice shall be given to the Implementing Authority not more than 15Business Days and not less than 5 Business Days prior to the anticipated date of36PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC)Reviewed: Robert Phillips, LEGPShttp://www.worldbank.org/ppp February 2007
Page 1 and 2: This document has been prepared for
Page 3 and 4: 23. REPRESENTATIONS AND WARRANTIES
Page 5 and 6: 1.4 If any definition in this Claus
Page 7 and 8: accountants of the [host country] a
Page 9 and 10: "Generally Accepted Accounting Prac
Page 11 and 12: specified in Annexure XXIII and as
Page 13 and 14: (b)(c)(d)(e)(f)the date for any pay
Page 15 and 16: "Target lRR" means the rate of retu
Page 17 and 18: 2.5.2 The Concessionaire will be re
Page 19 and 20: 3.8 Limitation on Financial Indebte
Page 21 and 22: Associated Agreements at their cost
Page 23 and 24: kind whatsoever, free of any liabil
Page 25 and 26: 3.17 Highway Usage FeeThe Concessio
Page 27 and 28: 6. INDEPENDENT ENGINEER6.1 Appointm
Page 29 and 30: determination or instruction, refer
Page 31 and 32: increasing its costs, to undertake
Page 33 and 34: (b)(c)rectifying any pollution, con
Page 35 and 36: 11.9.2 (b), (c) and (d) in the even
Page 37: (d)any change to the Detailed Desig
Page 41 and 42: 10. TOLLSbeen issued and the releva
Page 43 and 44: (iii)conforms with the protocols ap
Page 45 and 46: 11.6 Operation and Maintenance Bond
Page 47 and 48: (iv)if the Concessionaire fails to
Page 49 and 50: 12. DEVELOPMENTS12.1 The Concession
Page 51 and 52: 14. LIABILITY WITH RESPECT TO USERS
Page 53 and 54: XVIII, all relevant Contractors, O&
Page 55 and 56: 16.2 Right of InspectionThe Concess
Page 57 and 58: (d)any matter which might influence
Page 59 and 60: 10 (ten) Business Day consultation
Page 61 and 62: (b)(c)includes, but is not limited
Page 63 and 64: (iii)the losses and/or damages suff
Page 65 and 66: (b)if termination is effected after
Page 67 and 68: (a)(b)the Expected Equity Value at
Page 69 and 70: (a)(b)the date which is 7 (seven) B
Page 71 and 72: 20.1.1 this Concession Contract or
Page 73 and 74: the Lenders shall have the right to
Page 75 and 76: a conflict between the UNCITRAL Arb
Page 77 and 78: 22.4 Variations in WritingAll addit
Page 79 and 80: contained therein and amended to in
Page 81 and 82: 23.2.2 The Implementing Authority i
Page 83 and 84: aforesaid, then this Concession Con

draft concession contract - PPP in Infrastructure Resource Center

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