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Table Of Contents

ARTICLE 1
DEFINITIONS AND INTERPRETATION
1.1 Definitions
1.2 Other References
1.3 Interpretations
1.4 Measurements and Arithmetic Conventions
1.5 Ambiguities and Discrepancies
ARTICLE 2
CONCESSION AND PORT ASSETS
2.1 Concession
2.2 Concession Period
2.3 Acceptance of the Concession
2.4 Port’s Assets
2.5 Use of Port’s Assets
3.1 Conditions Precedent
ARTICLE 4
PERFORMANCE GUARANTEE
4.1 Performance Guarantee
ARTICLE 5
INDEPENDENT ENGINEER
5.1 Independent Engineer
ARTICLE 6
PROJECT IMPLEMENTATION
6.1 Preparation of Designs and Drawings
6.2 Review of the Designs and Drawings
6.3 Construction Phase21
6.4 Obligations of the Concessionaire
6.5 Obligations of the Concessioning Authority
6.6 Suspension of Works
6.7 Issue of Completion Certificate
6.8 Change of Scope
6. 9 Liquidated Damages
ARTICLE 7
OPERATIONS & MAINTENANCE
7.1 (a) Obligations of the Concessionaire
(b) Rights of Concessionaire
(c) Obligations of the Concessioning Authority
7.2 Utilities and Services26
7.3 Liability for shortfall in performance
ARTICLE 8
TARIFF
8.1 Levy and Recovery of the Tariff
8.2 Collection of Cesses and Charges
ARTICLE 9
PAYMENTS TO THE CONCESSIONING AUTHORITY
9.1 License Fee
9.2 Payments of Royalty
9.3 Utilities or Services
9.4 Certified Accounts
9.5 Escrow Account
10.2 Permitted Charge on Assets
ARTICLE 11
SHAREHOLDING
11.1 Ownership Structure
11.2 Shareholding
11.3 Constituent Documents
ARTICLE 12
GENERAL RIGHTS, DUTIES AND OBLIGATIONS
12.1 Of the Concessionaire
(a) Applicable Permits
(b) Taxes & duties
(c) Insurance
(d) Indemnification
(e) Assignability
(f) Engagement of Contractors
(g) Condition Survey
12.2 Of the Concessioning Authority
(a) Assistance in obtaining Approvals, Permits and Licenses
(b) Taxes and Duties
(c) Competing Facilities35
(d) General rights of inspection and verification
12.3 Of the Concessioning Authority and the Concessionaire
(a) Compliance with Laws and Regulations
(b) Rights to Documents
ARTICLE 13
CHANGE IN LAW
13.1 Change in Law
13.2 The Concessionaire’s Remedy
ARTICLE 14
FORCE MAJEURE
14.1 Force Majeure Event
14.2 Non-Political Events
14.3 Political Events
14.4 Other Events
14.5 Notice of Force Majeure Event
14.6 Period of Force Majeure
14.7 Resumption of Performance
14.8 Performance Excused
14.9 Costs, Revised Timetable
(a) Costs
(b) Extension of time/period
14.10 Termination Due to Force Majeure Event
ARTICLE 15
EVENTS OF DEFAULT
15.1 Events of Default
(a) The Concessionaire Event of Default
15.4 Remedial Process
15.5 Obligations during Remedial Period
15.6 Revocation of Consultation Notice
15.7 Termination due to Events of Default
15.8 Concessioning Authority’s Rights of Step-in
ARTICLE 16
TERMINATION OF THE CONCESSION/AGREEMENT
16.1 Termination Procedure
16.2 Obligations during Termination Period
16.3 Requisition
16.4 Condition Survey
16.5 Consequences of Termination
ARTICLE 17
COMPENSATION
17.1 Compensation
(a) Termination due to Force Majeure Event
(b) Termination due to Concessionaire Event of Default
(c) Termination due to Concessioning Authority Event of Default
17.2 No Compensation on Expiry of Concession Period
17.3 Transfer Fee and Charges
17.4 Payment of Compensation to Lenders
17.5 Delayed Payment of Compensation
17.6 Delayed Transfer of Assets
17.7 Remedies Cumulative
ARTICLE 18
TRANSFER ON EXPIRY OF THE CONCESSION PERIOD
18.1 General Scope of Transfer/Payment
18.2 Concessionaire’s Obligations
18.3 Concessioning Authority’s Obligations
18.4 Risk
ARTICLE 19
DISPUTE RESOLUTION
19.1 Amicable Settlement
19.2 Assistance of Expert
19.3 Arbitration
(a) Arbitrators
(b) Place of Arbitration
(c) English Language
(d) Procedure
(e) Enforcement of Award
(f) Fees and Expenses
(g) Performance during Arbitration
ARTICLE 20
REPRESENTATIONS AND WARRANTIES
20.1 Representations and Warranties of the Concessionaire
20. 2 Representations and Warranties of the Concessioning Authority
20.3 Disclosure
ARTICLE 21
MISCELLANEOUS PROVISIONS
21.1 Datum
21.2 Survival of Obligations
21.3 Articles to survive Termination
21.4 Joint Responsibility
21.5 Several Obligations
21.6 Severability
21.7 Notices
21.8 Waiver
21.9 Amendments, Modifications or Alterations
21.10 Governing Law
21.11 Entire Agreement
APPENDIX 1
PROJECT SITE
APPENDIX 2
PORT’S ASSETS
APPENDIX 3
SUBSTITUTION AGREEMENT
APPENDIX 5
PROJECT SCHEDULE
APPENDIX 6
DESIGNS AND DRAWINGS
APPENDIX 7
TERMS OF REFERENCE FOR INDEPENDENT ENGINEER
APPENDIX 8
APPENDIX 9
APPENDIX 10
CERTIFICATES
APPENDIX 11
PERSONNEL AND LABOUR REQUIREMENTS
APPENDIX 12
TARIFFS
APPENDIX 13
APPENDIX 14
MINIMUM GUARANTEED CARGO
APPENDIX 15
PERFORMANCE STANDARDS
Performance Standards
APPENDIX 16
ESCROW AGREEMENT
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Concession Agreement

Concession Agreement

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Published by Pranav Ranjan

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Published by: Pranav Ranjan on Mar 22, 2012
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11/10/2012

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