draft concession contract - PPP in Infrastructure Resource Center

11.8 Modifications during Concession Period11.8.1 Modifications to the Highway shall be subject to the prior written consent andprocedures of the Implementing Authority.11.8.2 Any such modifications to the Highway accomplished during the Concession Periodshall be subject to the provisions set forth in this Clause 11.11.8.3 The Concessionaire shall not construct any additional exit or entry points on theHighway without the consent of the Implementing Authority. Where at any timeduring the Concession Period the Implementing Authority requires additional exit orentry points to be constructed on the Highway or modifies any ImplementingAuthority Requirements, such modification shall be deemed to be a variation of theConstruction Works by the Implementing Authority for the purpose of Clause 8.1.3.11.9 Traffic and Penalties11.9.1 During the Concession Period, the Concessionaire shall ensure that, subject to theother provisions of this Concession Contract the Highway is open to traffic at alltimes and that the traffic flow along the Highway is convenient and safe at all times.11.9.2 (a) If the Concessionaire fails to perform any of the obligations specified in subclauses(i) to (iv) below, the Implementing Authority, or its representative,shall notify the Concessionaire and the Lenders of such failure and, if theConcessionaire shall fail to rectify such failure to the satisfaction of theIndependent Engineer within the reasonable period specified for suchrectification in such notice, the Concessionaire shall pay to the ImplementingAuthority for such default the penalties specified in relation to that failure asfollows:(i)(ii)(iii)if the Concessionaire fails to adhere to the traffic managementprocessing standards as set forth in Annexure III and as moreparticularly specified in the Operation and Maintenance Manuals, itshall pay a penalty per day during which such breach persistsrepresenting 2.5% (two and a half per cent) of the Daily Gross TollRevenue for the Highway Section in respect of which such failureoccurred;if the Concessionaire fails to report electronic problems timeously or tocause the electromechanical equipment to be properly maintained, theConcessionaire shall pay a penalty per day during which such breachpersists representing 2% (two per cent) of the Daily Gross TollRevenue for the Highway Section in respect of which such failureoccurred;for any failure to keep the roadside and toll facility in good order andstate of cleanliness, the Concessionaire shall pay a penalty per dayduring which such breach persists representing an amount equal to 3%(three per cent) of the Daily Gross Toll Revenue for the HighwaySection in respect of which such failure occurred;43PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC)Reviewed: Robert Phillips, LEGPShttp://www.worldbank.org/ppp February 2007