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Table Of Contents

6.4 No limitation of State obligations
7.1 Role of Independent Reviewer
7.2 Ability to act for Financiers
7.4 Costs and expenses of Independent Reviewer
7.5 Appointment and replacement
7.6 Decisions of previous Independent Reviewer
7.7 Copy of Independent Reviewer's notices
11.3 Adjustment of Property Schedule
11.7 Obtaining possession of land
12.4 Partial surrender of Freeway Lease
13.1 State's licence
13.2 The Median
14. Land Conditions and Environmental Issues
14.1 Responsibility for land
14.2 General environmental compliance
14.3 Obligations under the EPBC Act and other obligations
14.4 Contamination
14.5 Environmental Net Gain
14.6 Native Title
14.7 Artefacts
14.8 Traffic Control Centre
15. Affected Parties
15.1 Consultation with Affected Parties
15.2 Interaction with Affected Parties
15.3 Concessionaire responsibility for costs
PART D. DESIGN AND CONSTRUCTION PHASE
16. General obligations
16.1 Construction Activities
(a) General obligations
16.2 Industrial issues
16.3 Utility Infrastructure
17. Design and Construction Program
17.1 Submission of Design and Construction Program
17.2 Requirements of Design and Construction Program
17.3 Updating the Design and Construction Program
17.4 Review of Design and Construction Program
17.5 Amendment of Design and Construction Program
18.1 Design warranties
18.2 Design Documentation
18.3 Submission of Design Documentation
18.4 Review of Design Documentation
19.1 Construction warranties
19.2 Review of construction
19.3 State's right to enter, inspect and test
20. Timing of the Works
20.2 Obligation to complete
20.3 Acceleration
20.5 Mitigation
20.6 Failure to achieve Freeway Section Completion by planned date
20.7 Construction Milestones
20.8 Progressive completion and handover of Returned Works
21. Completion
21.1 General acknowledgments
21.2 Notice before completion
21.3 Freeway Section Completion and Tolling Completion
PART F. TOLLING
33.1 Tolling System requirements
33.2 Review of Tolling System
33.3 Changes to Tolling System
33.4 Commencement of Tolling
33.5 Tolls and User Charges
33.6 Revenue and returns
33.7 Civil Debt and enforcement
33.8 Marketing of material and assistance
33.9 Interoperability
34. Customer Service
34.1 Customer Service Roll Out Program
34.2 Customer Service Roll Out
34.3 Amendment to Customer Service Roll Out Program
34.4 Customer Services
34.5 Tolling Products
34.6 Customer Contracts
34.7 Dealing with Customer Complaints
34.8 Customer Service and complaints reports
34.9 Customer Service Audit
34.10 Reduction of tolls linked to performance
35. Licence to use Tolling System
PART G. TRANSPORT NETWORK
36. Interaction with transport network
36.1 Transport network support
36.2 Consequences of failure to provide State support
36.3 No restriction on State
36.4 Proximate State Work
37.12 Additional State remedies
37.13 Less significant Modifications
37.14 Concessionaires initiated Modification
37.15 Upgrade of through traffic lanes and auxiliary lanes
PART H. PAYMENTS AND UPSIDE
38. Fees and Rent
38.1 Rent and contribution payment
38.2 State costs and expenses
39. Additional Lease Rental
39.1 Additional Revenue
39.2 Proportion payable
39.4 Relevant periods
39.5 Notification
39.6 Time for payment
39.8 Toll Reduction
39.9 Community Expenditure
40. Compensable Enhancements
40.1 Compensable Enhancement notification and consultation
40.2 Meaning of Compensable Enhancement
40.3 Negative Compensable Enhancements
40.4 Payment of compensation
40.5 Reduction of tolls
41. Taxes and stamp duty
41.2 Project Documents
42. Goods and Services Tax
42.1 GST to be added to amounts payable
42.2 Tax Invoice and Adjustment Note
42.3 Liability net of GST
42.4 Revenue exclusive of GST
42.5 Cost exclusive of GST
42.6 Non Monetary Consideration Supplies
43.2 No deductions, set off or counterclaim
PART I. RISKS AND LIABILITIES
44. Concessionaire risks
45. Key Risk Management Regime
45.1 Concessionaires to notify of Possible Key Risk Event
45.3 Occurrence of a Possible Key Risk Event
45.4 Good faith negotiations
45.5 Consideration of information
45.6 Restrictions on extension of Concession Period
45.7 No over compensation
45.9 State contribution
45.10 Contractor involvement
45.11 Implementation of redress
45.12 Interaction with indemnities
46. Force majeure
46.1 Notification
46.2 Suspension of obligations
46.3 Temporary measures and alternative arrangements
46.4 Notice of cessation of Force Majeure
47. Property damage and personal injury
47.1 Risk of damage to Freeway and Maintained Off-Freeway Facilities
47.3 Termination for failure to reinstate
47.4 Risks as owner and occupier
48. State and Protected Contractors not liable
48.1 No Liability
48.2 Residual exclusions
48.4 Indemnity
48.5 Protected Contractor Liability
48.6 State obligations relating to the Dandenong Southern Bypass
49. Liability unaffected
50. General indemnities
50.1 Indemnity for Concessionaires breach
50.2 Other indemnities
50.3 Exclusion of liability
51. Insurance
51.1 Insurance generally
51.2 Construction phase insurance
51.3 Operation phase insurance
51.4 Uninsurability
51.5 Acceptable insurers
51.6 Proof of insurance
51.7 Notices from or to insurer
51.8 Notices of potential Claims
51.9 Non-vitiation
51.10 Extent of cover
51.11 General requirements
51.12 Additional requirements
51.13 Insurance Proceeds Account
PART J. GENERAL UNDERTAKINGS
52. Representations and warranties
52.1 State representations and warranties
52.2 Concessionaires' representations and warranties
52.3 Repetition of representations and warranties
52.4 Disclosure
52.5 Reliance on representations
52.6 Exclusion of warranties
53. Concessionaires' acknowledgment
53.1 No State representation
53.2 Traffic usage
53.3 Prior design work and other information
53.4 Disclosed information
53.5 No enquiry
53.6 Project Scope and Project Requirements Standards
54. Road Operation and Traffic Management
54.1 Management of traffic
54.2 Traffic Management Plans
54.3 Road operation and traffic management powers
55. Health and safety
55.1 Mitigation
55.2 Notification
56. Concessionaires' general undertakings
56.1 Provision of information
56.2 Format of manuals, plans and reports
56.3 Personnel
56.4 Quality assurance system
56.5 Update technology
56.6 Nuisance
56.8 Compliance Certificate
56.9 Concessionaire Intellectual Property
56.10 Naming Rights
56.11 General undertakings
57. Concessionaire restrictions
57.1 Restrictions on business
57.2 Restrictions on acquisition of property and liabilities being incurred
57.4 Right to property
58. Change in Control
58.1 Concessionaire Change in Control
58.2 Controlling entity Change in Control
58.3 Contractor Change in Control
58.4 Election by State
58.5 State rejection
58.6 Limitation of State discretion to reject Change in Control
59. Contracts and dealings with Contractors and third parties
59.1 Amendments to Transaction Documents
59.2 Material contracts
59.3 Sub-contracting
59.4 Refinancing
59.5 Equipment Leasing
60. VIPP Statement
60.1 Acknowledgment
60.2 State to monitor
60.3 Assessment of performance
61. Approvals
61.1 Compliance with Laws and Quality Standards
61.2 Approvals to be obtained by Concessionaire
61.3 Application of Project Legislation
61.4 Approvals required from SEITA
61.5 Conditions in relation to SEITA
61.6 Approval by SEITA
61.7 Copies of material Approvals
62. Manuals and management plans
62.1 Project Plans
62.4 Compliance with Project Plans
62.5 Design Plan and Construction Plan
62.6 Traffic Management Strategy
62.7 Incident Management Plan
62.8 Operation and Maintenance Manuals
63.1 Changes to Traffic Model, Financial Model or Annual Revenue Forecast Model
63.2 Models to incorporate data
63.3 Checking and revising models
64. Records and reporting obligations
64.2 Periodic reporting
64.3 Model information
64.4 Tolling System information
64.5 Proceedings
64.6 Other information
PART K. DEFAULT AND TERMINATION
65.1 Events of Default
65.2 Notice of default
66. Termination by State
66.1 Intention to terminate for failure to remedy or Diligently Pursue
66.2 Notice to terminate for failure to remedy
66.3 Termination relating to failure to achieve Freeway Section Completion
66.4 State not liable to compensate Concessionaire
66.5 Restrictions on State's right to terminate
66.6 Limitation of State's rights
66.7 Diligent Pursuit
67. Termination by Concessionaires
67.1 Concessionaires termination events
67.2 Suspension of termination notice
67.3 State to pay Concessionaires' costs
67.4 State need not provide redress in relation to Possible Key Risk Event
67.5 Acknowledgment by State
68. Payments on termination
68.1 State's right to damages
68.2 Early Termination Amount
69. Exclusive Termination
70.1 Step-In Right
70.2 Concessionaire to assist State
70.3 Undertake Project consistent with this Deed
70.4 Notice of exercise of Step-In Rights
70.5 Concessionaires' rights suspended
70.6 Payment of State's costs
70.7 State appointed attorney
70.8 Cessation of Step-In Rights
70.10 Concessionaires to recommence performance of obligations
PART L. DISPUTE RESOLUTION
75.1 Place of expert determination or arbitration
PART M. MISCELLANEOUS
76.3 Restrictions on sale, lease and parting with possession
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East Link Concession Document29_1

East Link Concession Document29_1

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Published by Peter Benson

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Published by: Peter Benson on Jul 25, 2011
Copyright:Attribution Non-commercial

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