National Highways Authority of India

(Ministry of Road Transport & Highways)

Government of India

Four Lucknow-Sultanpur'Qection of NH-56 (New NH-731) from

km.11.500 (Design Chainage lun.11.500) to lun.134.700 (Design
Chainage lun.138.925) (Total Length-127.425 lun.) in the State of
Uttar Pradesh under NHDP Phase-IV on Hybrid Annuity Mode

CONCESSION AGREEMENT

--

between

National Highways Authority of India

d G - 58~6,Sector - 10, Dwarka, New Delhi - 110 075

and
DBL Lucknow Sultanpur Highways Limited
7 .

!
I
Plot No. 5,Inside Govind Narayan Singh Gate, Chuna Bhatti, Kolar Road, Bhopal,
Macillya Pradesh

(CONCESSION AGREEMENT & SCHEDULES)

October, 2016
 National Highways Authority of lndia Concession Agreement
Y

Contents

PART I

Concession Agreement
'

1 Definitions and Interpretation

1.1 Definitions
I .2 Interpretation
1.3 Measureme~itsand arithmetic conventions -
1.4 Priority of agreements, clauses and schedules ,

PART I1 O1

The Concession '

2 Scope of the Project
2.1 ' Scope of the Project ' "
3 Grant of Concession
3.1 The Concession

4 Conditions Precedent '' 10

4.1 Conditions Precedent ' 10

, I

4.2 Damages for delay by the Authority ' ' 11

4.3 Damages for delay by the Concessionaire I ' 11

4.4 Commencement of Concession Period '' 11

4.5 Deemed termination upon delay ? 12

5 Obligations of the Concessionaire 13 13

5.1 Obligations of the Concessionaire 13

5.2 Obligations relating to Project Agreements I " 14

5.3 Obligations relating to Change in Ownership ' \ 15

5.4 Obligations relating to employment of foreign nationals I 16

5.5 Obligations relating to employment of trained personnel " 16

5.6 facilities for differently abled and elderly persons ! 16

5.7 Branding of Project 16

5.8 Sole purpose of the Concessionaire '" 16

I ,

6 Obligations of the Authority

;i

4-laning of Lucknow-Sultanpur section of NH-56 (new NH-73 1) on Hybrid Annuity mode

National Highways Authority of India Concession Agreement
( ' I

6.1 Obligations of the Authority '

6.2 Maintenance obligations prior to Appointed Date '

6.3 Obligations relating to refinancing

7 Representations and Warranties : "
7.1 Representations and warranties of the Concessionaire
7.2 Representations and warranties of the Authority
7.3 Disclosure '

8 Disclaimer . '
\ I
8.1 Disclaimer *

PART I11
Development and Operations '
9 Performance Security '
9.1 Performance Security
9.2 Appropriation of Performance Security
9.3 Release of Performance Security
9.4 Deemed Performance Security
9.5 Appropriation of Deemed Performance Security
9.6 Reference to Performance Security \

9.7 Additional Performance Security ,\

9.8 Appropriation and Release of Additional Performance - '

Security
10 Right of Way
10.1 The Site '

10.2 Licences, Access and Right of Way

10.3 Procurement of the Site ' '

10.4 Site to be free from Encumbrances

10.5 Protection of Site from Encumbrances
10.6 SpeciaVtemporary right of way
10.7 Access to the Authority and Independent Engineer
10.8 Geological and archaeological finds
10.9 Land for wayside amenities d

<
11 Utilities, Associated Roads and Trees
11.1 Existing- utilities and roads

of Lucknow-Sultanpur section of NH-56 (new NH-73 1) on Hybrid Annuity mode

 I N D I A N O N JUDICIAL

Government
-- ----------. ---.-of
-National
------- --- Capital
-.-Territory
-- --- - -of
-- -Delhi
-----

&d
Certificate No.
Certificate Issued Date
Account Reference : IMPACC (IV)/ dl7640031DELHI/ DL-DLH
Unique Doc. Reference : SUBIN-DLDL764003242059123641170
Purchased by : DBL LUCKNOW SULTANPUR HIGHWAYS LIMITED
Description of Document : Article 5 General Agreement
Property Description Not Applicable
Consideration Price (Rs.) 0
(Zero)
First Party NATIONAL HIGHWAYS AUTHORITY OF INDIA
Second Party DBL LUCKNOW SULTANPUR HIGHWAYS LIMITED
Stamp Duty Paid By DBL LUCKNOW SULTANPLIR HIGHWAYS LIMITED
Stamp Duty Amount(Rs.) 100
(One Hundred only)

THIS AGREEMENT is entered into on this the 2 4 ~ d a yof October 20 16

BETWEEN
1 THE NATIONAL HIGHWAYS AUTHORITY O F INDIA, established under the National Highways
Authority of India Act 1988, represented by its Chairman and having its principal offices at G-5 & 6, Sector
10, Dwarka, New Delhi-110075 (hereinafter referred to as the "Authority" which expression shall, unless
repugnant to the context or meaning thereof, include its administrators, successors and assigns) of One Part;
AND
2 DBL LUCKNOW SLlLTANPUR HIGHWAYS LIMITED, a company incorporated under the provisions of
the Companies Act, 20 13 with CIN 04 1454 and having its registered office at Plot No. 5,
lnside Govind Narayan Singh Gate r Road, Bhopal 46201 6, Madhy
referred to as the "Concessionai shall, unless repugnant to th
thereof, include its successors and ubstitutes) of the Other Part.

Statutory Alert:
- 1 The authent~cltyof t h ~ sStamp Cert~ficateshould be verlfi shc~lestampcom' Any d~screpancyIn the detalls on thls
- ava~lableon the webs~terenders ~t~nvalld
2 The onus of check~ngthe leg~t~macy 1s on the users of the cerilficate
? In r s r o nf anv dmrrenanrv nleasp Inform the Comoetent Authorltv