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    14 views58 pages

    WZ Agreement

    Uploaded by

    Sumskrutha Kosgi Shroff

    Copyright:

    © All Rights Reserved
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    Concession Agreement South Delhi Municipal Corporation & ECOGREEN ENVIROTECH SOLUTIONS LIMITED | en & Indian-Non Judicial Stamp & | Haryana Government on wine | cesses comes SIN say Pat: «108 | GaN Ne, 21710838 Penalty ro Name: Ecogroen Envrotech Soltensied HNoFlor: Piotnobes ——SectoWand: 82 Landmark: Na Cctyvitage Gurgaon Distiet: Gurgaon ‘State: Haryana Phone: ebto4gse4e Purpose: AGREEMENT to be submited at Na ‘The un i Smet a vad by sang Gas Th ea os Be eae TAGS SH ConcessioN aGReeMeNt This Concession Agreement made this_2. Ad doy of Decewsben 2016 2 the offs of South Delhi Municipal Corporation, 20” Floor, E1 Block, Or SPM Civic Conte, JUN Marg, New Deli-110002 South Dethi Municipal Corporation (SOMC) acting through Its Executive Officer to E-IN-C, Mr. Yasha Dahiya (hereinafter referred to a “SOMC”, which expression shal unless repugnant tothe contest or ‘meaning thereof, mean and include ts successors and assis) ofthe ONE PART Consortium of Mis AZZ Waste Manogement (Ludhiana) Limited & A2Z Infracervices Limited the "Successful Bidder” [Lead Partner having Registered office at 0116, 2" Floor, DLF shopping Mal ian Marg, OLF PH, Gurgaon-122002 (Haryana) through ts Crector Mr, Surendra Singh Paihar (ereinter refered to as “Successful Bidder” which expression shal, unless repugnant tothe context or meating tnereof, mean ad inclu ls successors and sign) ofthe SECOND PART M/s ECOGREEN ENVIROTECH SOLUTIONS LIMITED incorporated by the Sucessul Bidder 2s “Speda Purpose Vehicle" for undertaking the Project a atplatedin the RFP, having its registered office at 0-6, 1 Floor, DLE Shopping Mal, Alun Marg, OF PH-3, Gurgaon-122002 (Haryana) through its Director Mr, Deepak Agarwal (hereinafter refered to se “Concessionae"|, which expression shall unless WHEREAS ‘A. The Ministry of Environment and Forest (MoEF), Government of indi (Gol), has forrnuiated the MSW Rules 2016, which makes it mandatory for every municipal authority to implementa scientific solid waste management system, 8. The South Dethi Municipal Corporation (SOMIC} is responsible for providing municipal and civic services om the West Zone fling under SOMC © SOMCis desirous of implementing coletion and transportation of conforming waste {the “rojectifor the Area covered under its jurisdiction through private participation on Design Build, Finance, Operate, Maintaln and Transfer (O8FOT) basis B. SOME floated global ender and inuited proposals for Two Zones, through a competitive Bid process from eligible parties for implementing the Project. In response thereto, EOMC receiveu proposals fom several parties including the Successfl Bidder for implementing the Project for WEST Zone, ©. Successful Bidder acknowledges that id was made in accordance with REP, PIM and Draft Concession Agreement published as part of Tender documents and further agrees toabide bythe terms and conditions of Tender Documents. f. Concessionaire recognizes that the services asked for under this Agreement fall under sential Services as defined in the Haryana Essential Services Maintenance Act, 1974 extended to National Capital Territory of Delhi G. Pursuant thereto, after evaluating the aforesaid proposals and negotiations, SOMC scerpted the Proposal submitted by the Successful Bidder and issued Letter of ‘Acceptance No, F.420/E-n-C/SOMC/2016/338 dated 27-10-2016 to the Successful Bidder requesting the Successful Bidder to execute the Concession Agreement, which is Successful Bidder has acknowledged by its Letter no. A2Z/WM/SOMC/2016-17/9060 dated November 02, 2016, H. —Suctessful Bidder Le Consortium M/s A2Z Waste Maragement (Ludhiana) Limited & Azz loteservices Limited has incorporated M/s ECOGREEN ENVROTECH SOLUTIONS UNITED as Spedal Purpose Vehicle fr undertaking the Project as stipulated the RFP. | Suacessful Bidder hereby agrees to serve as guarantor towards the sole and ‘esponsibities caste upon the Concessionaire under the Concession Agreement, 4. The Parties hereto are required to enter into the Concession Agreement, being these Presents, to record the terms, conditions and covenants of the Coneession, _ . Sete MoS Cog : NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: DERNITIONS AND INTERPRETATION ARTICLE 1 j 13 Definitions Paths Agreement, the folowing words and expressions shal, unles repugnant tothe context or meaning ‘hereof, have the meaning hereinafter respectively ascribed to them hereunder 1 “Additional Cost” stat mean the additonal copitalexpenditure and/a the adattonal operating costs or both asthe cae maybe, which the Concessionave would be required to incur as a result of change in Law, 2. “Affected Party” shall mean the Party claiming to be affected by a Force Majeure Event in accordance with Article 14.3. 3 “Agreement” shall mean this Agreement, and includes any amendments hereto made in accordance with the provisions bereot, 4 “Applicable taw" stall mean all laws in force and effect, 35 of the date hereof, and which may be promulgated or brcught into force and effect hereinafter in india irchding judgments, deciees, injunctions, wets o odets of any court of record, as may be in force and effect ducing the subsistence ‘of this Agreement and applicable to the Projeci/the Concessionaire as applicable in India, 5. “Applicable Permits’ shall mean all clearances, permits, authorizations, consents and approvals ‘equited to be obtaired or maintained by the Concessionaire under Applicable Law, in connection with the Project during te subsistence ofthis Agreement sallmean the date ofthis Agreement INIT No: £:63/€-in-c/s0n4c/2026/300 Page 6. “Appointed ba 7. “biaton At” shall mean the Aibttin and Conciliation Act, 1996 and hall chide any amendmen to or any anactment there asin force rom tne fo ane ©. “Ruthorzed Representative” mean, a eipect of Paty any person designated (whether by same ot 2 the holder ofa specie postion o off) as such by auch Party by noice wring given tothe ter any lung nthe cae of prson designated by name,» specimen renatre of thal perzon cert by the Paty sauing the note, 9, “Bid Securit” shll en scurty fered tthe ime of submission of Bid 2 defined In Couse2.1.206¢ 10, "Mobilization Ptiog"Suarts wth ixue of WO/LOA ad ende at Completion Crit indictes the time given for putting all manpower, vehicle, equipment end machinery In lice to commence the operation The gate of ommencemant fala the end of ht pero. 1, “Change in Law shal ave the meaning strbad thereon Artie 8 32,00" or “Commercial Operations Date” shall mean the dato on which SDMC hae sued the Completion Certiate for the Project Faces, ecardance withthe proven of thi Agreement Ths date chant be beyond 120 day fom the date of accaptance of LOAnd 23, "election and Transportation Charges (CTQ* hall aan the amount payable by SDMC to the ncessioniein scence with Ace 13 of the Concession Ageement 14, “Completion Cereate shall mean the ates aued by SOMC cet, hat |The Concessions asst up the Prot Fite in acordance withthe Concession Agreement PIM, NOP (Inks Implementation and Operational Pan), MOP (Mero implementation tnd Operational Plan s¥8 REN Pen end A she Coneesinair has obtained al approials necessary fr commer oparation of the Project Frais 15, "Cancesson” shal have the meaning acerbed horton Artie th Agree met 136, "Concsson Pero” shall have the meaning scribed thereto in Arie 17. "Cancessonng Author" or “Contracting Authorty" or "SBME" or “Authority” sl mean South eth Muncpal Carporston 18, "Confrming Wate” il mean 1. Manipal So wart si, 2. streseSweping West 3. And any ether typeof Sole Waste mutually agreed by Parties to be Confiming Waste fom te to 19, “Consrtiun” af partnewho submited bls consort 20. "constuction and Denoltion Waste" sande debris, contraction and dalton db and mud son 1, "fective Date” means the date of Leta of Acceptance! 22, “tmecgancy” sali means condtion or stustion that aly to endanger the safety of the niduals conor about the Projet Feity inucng the sley the ur herect or whieh poses shina ‘hap of materal damage to the Project. 28. “encambronce” shall mean any encumbrance such as moras, charge, pledge len, hypothecaton secusty interest, agnmen, plage x privy of sy hind having the elec of scr rcersuch blstons and shal include without bation any designation of los payees or baneisies or ony sin arrongement under any insurance poly pertaining to th Projet, phycal encumbrances, Cains for any amuns de on aenunt of tues, cesses, elerety, water and thar wy charges Sh ‘encroachments onthe Projet asi 2 “tngneingl-charge eexestiv engine EMS Zoe, 25. “endecnmental Laws” means all Laws pertaining to the protection of natural resources, the ‘mvironmart, the heath ad safety ef the publ, scoring to Emranment (Protection) Act, 1986, The ‘Ae (Prevention ta Contra f Polson} At, 196, The Water (Prevention and Control of Pelton) At, 1874, and other related hws, Gudsines and anyother central sate or local St, requlition, tle, ‘ovcinenc order fom goverment orwart handing and manage Financial Vea” shall mean the period commoncing fom Api ef ony sven yer to March 3 of he succeeding yea. 27. "fvee Majeure” ce “Force Majure Event” shall masn anc, event, coniion or cccuence as 28."Good tndustry Practica” cll mean the auc of that degre of ski, digance, prudence and feresightm complance withthe undetalings and obligations under tha Aeresment which would ‘eaconably and orinaly be eypaced of 8 sled end an experanced person engnced the Implementation, operation and maietenasce at supervision or montorng thereof any of hem Ct & 28, "Government gency” shall mean Government of Inds and State Goverment of Deth, or Gvermental Department, Commission, Board, acy, Bureau Agcy, Author, Instrumentaliy, Court or ether lsc or Adminstratve Body, Cental, State, oF Lael having uration ove the Conexion, the Sacongary Colection Pots and Wrlshops or any porten therech, oF the perormance off or any ofthe ras or obligations of the Concessions under or pursue fo th Aevoment 30. "azardows Wate shall have the meanings defined unr the Hazardous Wastes (Management end Manan) ules, 1989 ands amended thereto, 31. "Land Fait" shall meen the Engnceed Santry Landi andor all other cle fits loented theren, snd any other off elite ented fread forthe Proc, 32, "Land Conzetan Wamber/ Lead Member (LCshl be that Consortium Mambar vested with the rime responaity ef eeveloping and operating the projet. The land Mamba shall cesar ae {he nin eqty contrition 1 te proc The CM joy adver epee or 33, "Matera Adverse fc shall mean a mater averse etlet ons} the abo the Concessions / . ise uz v ANA NIT We ForeePoscrouny oy oF SONIC to eevee any of nghts or parfoemlecharg sn of dte/ablgstions under and in cordance withthe provson ofthis Agreement andr () the legality, vlc, nding nature fnfresbity of hs Agreement 234, "Material Breach” shall mean «breach by ether Party of any oft obligations under this Agreement hick har or ly to have Material Adverse Effect onthe Projet and which sch Paty shal ave 35. "MSW fules” shall mean the Municipal Sold Wastes (Management and Having) Rls, 20363nd incleds any amendments thereto and/or any rll) formulated bythe Authats in sbsiuion or suppression of thse ule 36, “Mania Sod Wate” or "MSW" shal have the mosning xcled to in the MSW Rules. 37, "Mon-Conforming Waste” means any MSW which isnot @ Conforming Waste ae set forth in the OR, MOP and REM Fan” gen by the Concestonie ftowing Good Indurry Practice duly spproved by the Authorty set forth ia Schedule 38, “Operations Perle” shall mean the pried commencing from COD and ending the expiry ofthe Concession [Termination 40, "Parties" shall mean the partes to ths Agreament snd “Part” shall maun ether of them, 2: the 41. "Peformance Seu” shall mena the gurantee for performance of ts obligations to be procured by ‘the Concersinare nactorance with tice 2, £2, Perso! shall man (rls eterwise specified or eeguird by the cote, ry nual, company, unl, partnership, jt venture, tum, unincorporated organisation, goverment cr Goverment ‘Agen or any other igs ey 13. "ralminary Noted!” shall mean the notice of intended Termination by the Prantl to terminate ‘the Agreement tothe other Party zeting ou, ner aia the undering Event of feu, 44, "Pile" shall mean designing. fencing, procurement, constuction, operation and mntenace of Projet Fits for eaten, ranporation of conormong Waste fs Conse aes in aecoance vith the provaons ofthe Agreement 45, "Project Agreements shal mean callectivly thes Agreement and cther supporting documents inked to ths agreement Inconnecion wits the Project, 46, “Project Anse shallincue: 12 Proje Aste Fed Project Amete Movable 47. "Prjoct Assets Fined shall mean ll the (oad asset inlding Fuad bine procured by the ‘oncessonare and ved during the Concssion Pred forthe Prot <8. "Project Assets. Movable” shall mean all the movable eisetslncuding PotctEauiment, Waste ZEPRLNVINS Page Collection Asets, Waste Storage Assets Wste Transportation Asst, fund tate compactor ander Staton end Mole Warf Stations and Project Vee: procured by the Concesioaie an used 49, “Project Fae” shat mean collectively the Projet Aezts,Secondory Collection Pots, Worl and Paring. Project Ronitoring Cancltane”meanethe thi party Project Montorng Content appointed bythe Contacting Author lor montoring the exeuton of projet bythe Concesonait, S51, "Rupees or Re." eferetothe nol corancy of the Republi of nda, 52, “Secondary Colton Font" sall mean and incl erahed haloe/ open sites endothe places cident frm tne to tne forthe storage of wast. 58, "Conceston Ares” mess the areas fling under the respective Zone (South/Westuithin teri uridctlon of South Det iia Corporstion $4. “Tax” shall mean and ince a ens, fee, cerss, levis that maybe payable by the concstonire under the apt bw wheter the esponsibty opay or responsibly to ensrathe paymen® ie ‘wth the concession or SOME 155, "Teeinston” shall mean es termination of the Concession, pursuant to Termination Netice oF ctherwze in secordance with the provisions of th Agreamant but shal rt unless the contort ‘thers egies include expiry ef the Agreement dua toe oftime in che norral coe, 5 "Termination Oat” shall mean the dat specie inthe Termination Notice asthe date on which ‘Termination occurs “Termination Notice” shal mean the natice of Termination by either Party tothe other Poy, in accordance withthe appleabe provisions of thi Agreement ‘58. "Tespater* means ony person preanton the Stes and not entitiedt be on the Stes, 38, "User Charges” shall mean charges of fees at determined by the SOMC from time to tine from identies persons roup of beneeiaries and generator of waste 60. “Workshop” shall mean the place where al the repair & maintenance including sriing sal be underaben oralthe Project Assets Inthis Agreement, unless the conte otherwise eases, 2) ‘Any refarane to statutory poison sal inclade such provision 2 from tine tote modified er reenatad or comaiate eo fara th mosfistion or re-enactment x conclidtin sais to, 16 ‘capable of being apple to any transactions entered int hereunder, 1b) References to Appesbie sw sta incude the lav, ets, ordnance, ules, regulon, notification, {utlelnes or bylwe which hve the frceaflaw ex appleabe Is, 4). The words importing single shal incude plural and vee vere, and worde denoting natura persons wn fo spp Yes 24, DANA Sd santero ‘hallincude parnerhips, fems, companies, coun, ent vetures, tuft, asccations, organs or ether ett (hather or not ving sara lag ent), 4) The headings ae for convenience of rferenen only and halk be wd in, and shal not aft, the {oreracton ar intrpratzton ofthe Agreement 1} The words inctude” ae inuding®areto be constued without kta 4) Any refeonce today, month or year shall mean svelerenc to calendar dy, calender month or Calendar year respect, | Aayrefereee to ay perod commencing toms species day or date and “il or “unis epecied ayer ata shallncucebothsuch dry or Stes ‘ny rterenceto any geri af time shall mean a efereae according to Indian Standerd Time (St |} The Schedules tothe Agreement frm an integral part of th Apreemantaethough they were expressly stout inthe body ofthis Agreement, 1) Any reference at any time to any agreemert, deed, instrument, eens or documento any desiton shall be construed a reference to that agreemert, deed nsrumant, lance or other document 3 mended, varied, pplernantad, modified or suspanded athe time of uch reference, 1 References orcas Ales, subvartcs, claues, or ehediosin this Agreemert shal esc where ‘the context otherwise equre, be deemed tobe references fo rctal, drier, eubales, doutet nd Schedule oferta this Aveement, 1 Any agreemens, consort, appro, authoraton, otce, communication, information or report required under or pursuant thi Agreement for orby any Party or shall be valida effectually ‘tin wing under the hands of ul authorized epresentatv of such Paty, fn) References to “Consrcion” icles Imvesigaton, desgn, engineering. procurement, delve, ‘cansponatin, instalation, processing, fabrcaton, texting, commissioning. and other activites Inedera thereto ‘CONCESSION ‘ARTIC? 2:1 Scape of Project Scope of Werk and how its expected to be executed hasbeen defined and elsborsted in thi Piet Information Memorsndum (PIM), Bidders shall here to PIM for accomplishing Scope of Work, ‘methodology prescribed for earring out the wot, procurement and deployment of equipment and wehicesprescried, qualty and quantum of manpouer to be depojed whe exciting the work signed, esablsh montoring system, fulfil reporting eeguremants and implement. avareness ‘campaign toacheve dered outcome ofthe Proect. Project zope isolation and Transportation of Muncpl Sod Waste and Steet Sweeping Wie and anyother sold waste speci by SOWC trom tmeto te (Conforming Wasa sper 'Scope of Wor! ad proceed dew nthe Pa. aaa jor dotiable component inthe Scope of Wor: 4 Intepated Collection and tansportion of Municipal soll waite (MSHY) and strest ‘sweeping waste 2. Implarenting IEC for beter sanitation and waste management ‘Tha Concesscnave shall uaeute proj bated onthe gullies etaished the FIM for efetve Implantation of he stars in close coordination with SOMC ard Project Constant namely rect IT Consukars,Poject Monitoring Censubants and Project IEC Consuls appointed by SBME for st No. pe imcPpc/2016/300 rmontering, poring and sdusng SOMC ard Concetsona, Ros and reipanabities f ail alaholsers have been defied intncer documents 212 fits nepal prt ofthe Concenson Agreement and the Concessonste shall adhere to ‘the Pte or secompishing Scope of Project andthe methodology presrbad for caring Out the ‘work; procurement and deploymens of equlpment and vehicles prescribe, quaty ond quantum oF ‘mansouer tobe deployed whi acting the work sgned ana l montoring a eporng Whenever SOMC Inthe any ares as Zero waste aes by sting up oa resin plants the encestonsire wil ave the responsiblity to transport the waste, after Sir Level Collection? Deore Door colecion, tothe designed eal processing tea ithe seconde calleton & transportation to colecion & transportation of alia wacta only fom thet eal procesing ste te the dpa! ste, Tht my lend to redcton in requiemert of primary orfand secondary cellecion &tranzportaton vehiles endothe nase at may aetna be servicing he 223 Grantof concession Sabjact to and im accordance with the terms and covenants att forth in the Agreement, the Concessioning Author hereby grats and authores the Concessions to carrot Spe of Projets detined nile. nto exerciser roy the reht, power bene, rvlge, sutherstion ard entlements est forth inthis Agreement, (the "Concession 24 Concession Peed ‘The Conassion hereby granted ifr prod of ear (ight yess sartng en ("The Commaeia Operation Date (CO0} or (19220 cays trom date of sve of LOA, ‘hchoveris arr (Herearvfetredas “Conceon esod) Provided inthe event of Termination, the Concesion Parad shall mean ané be limited tothe period commencing rom the fopouted Data and ending withthe Termination Cte 2.5. Aceptance of Concession In eonnerston of SDMC agreeing t0 parmit the Conctssonsve to eaceve Collection and ‘Transporation Chrges (CTC), creas, reimbucements and another mounts ght, prlgee and nafs conferred upon by the Concessioning Authorty and. other good and valuable ‘ovekderatonexpesied herein, the Cancessraire hereby accepts the Caneesson and agrees and undertakes to peform/Sacharge act te blgationrnaceordanca with the provsons het 2.6 Extension of Conceson Period ‘The SOMC ha hvethe right to extn the Concession Fed suimet for a uther period of nt ‘exceecng more than ane year andthe Concastonsr shal be obliges to cokinue to psfrm thai, Altes and cichage thar oblgations ar er the Aproerant to the entveetendey pera! af 1 Wo 1/n-/SDMC/2016/300 [concen | al gts sea obligation ofthe Partie to the Aareement shal be condions yp the flillmant othe condone preceaent 2" ot babe 3:11 the Convacting Authetty shall witha 120dajp om the Eectve Oat sty the folowing ‘anditons precedent 4 low clesson of Conforming Sold Wazt, rom alland evry category of generator natn bet flied to hosehels,commercal exabsyments rosd side, open tea snd dumpstes Provide neceesary acess and nghtroue of te Pima, Secondary Calecion Fonts andl Sten, Dump Yard, Pocering Pants, Waste to Energy Pans or shy athe: sch ction 9 indcated from timeto te tothe Cacesionie, Prove lt of Lani hes, Bump Yate, Proesing Pets, and Waste to Energy Plants where 4, Ensure that ll the esting contracts entered int by the Contacting Authority in relation to the alleon transportation or daporl of Wass inthe Serves Zone at termined or rancered =. Properentravon at regis inrenalo nox more than 2 ments ot the weighsdge st ne Se) land ensure that such weighbdee = operon. 4 Appoit + Project Montoring Contant for monitoring the erection ofthe project es per terme ofthe Concession ream. The coms and apanses of the Project Monitoring Concuant shall beborneby the SDMCn accordance ith Ariel Aopeint IF Constant for developing Montving and MIS software az par needs ofthe Projact ‘he costs and expense the Constant sal be bore by the SOM in acordance with Ate an 1 Appoint IC Constant for developing IEC material az per nas of the Project. The costs and ‘iperserof EC Concent shal be bore bythe SOME inaccornce wth Artie. 3:12 The Coucesinaite shall within 15 Day from the fective ate satsy the flowing conditions 4) The Concessions shall hive wacuted «Performance Security (Seeuty Dpost) in the form of irovocable dank Guarentee Irom «Ntionalsad Sen fora sum of indian Rupees Crore (Rupee (ne Crore) for Zones presribd in Sched 7 1) ser to the Contacting Authenty by the Concssonaire’s lage adver of # leg opinen, Confirming, intra thatthe Canzesanat is duly incorporated and exiting under the Laws of India and thatthe Conessionaie idl euthorzed to eect th Areamene Provide = copy of Hs conttuent decuments and evidence of x sharehotingctucure duly omnes Ensure that tf the Approves to be preted by the Concessions in accordance with Schule 2 have been procured end tht ll ndions required for such Apprawse to be applabla V8 «Submit tir implamortation Operational Plana: ger Artie 96 4 Commit to epetate the project trout the Concesn Period wth documented eniconmental heath ae sty, cn sotl management stems in compliance tothe requirements of poly and 3.13 The Cnctsionaire shall within 120 Days om the Efectve Date ens. conimencement of Poe way ) employ manpower cogs 2) Taeover project tes end elites fom SMC 2 Satistacion of Conations Precedent, Commercial Operation Date and Concerts Rights 321 the Concessomaire and the Contractng Authortyshalluse their best ells and endeavor: ta procure the satisfaction ofthe cndilons precedent spc in Arta 3.138 soon ae prateble {nd inary event no tr than 120 deysat the ectve Oat. 322. Ifthe conditions precedent specfed in Article 3.1, ar nt fled or waived mutual agreement ‘of the Parties within ninety days after the Etfectiw Oat, each Party shall have the ght to ‘terminate this Agreement immaditey an nether Paty hereto shal be bi to he other for sy damages or losses in respect thoret, excep that a Paty has purpsefly fed to fil any oF ‘hese contins, such Party shall ths be lable to the ather Pay for ary damages or lore ‘incur by tin rsp theret 3.23 Within seven (7) Suriness Daye of the cttacton of all he candi pacdent speed in ‘tice Sanath Contracting thority sal sv the Complation Cefeatete the Concessions. ‘The dateof sse of the Completion Carticate shall bathe “Commerc! Operon Date 3.3 Termination ro to Commercial Operation Date Inthe event thatthe Commaros!Oparation Date cant be achieved di to the Concesionaie's ack of efforts, negligence or defauk, the Contacting Author shal ba ened to feet the Performance Securty and the provisions of Arie 16 regtding compensation upon termination tll not be applicable [ ‘inanews ‘ARTELES 4 Fnaneng 5) The Concssonave shel be sly raponzte for fmarcing the Projet or for prosring any Fancing ‘heh might be necessary in connection wth the performance of his obligations under ths Agreomert b) SOMC shaltnet be labs o responsible for sranging any ance or for repayment lane or advances talon, The rancestionie shall not ati in for of any pan, the Agreement or he rights, benefits end blgstlon hereunder, save and ercept with lor consent ef SOMC. {No fneé or movable ssa owned by SOIC or any Govetnmant agency hal bealoned tobe mortased ‘or lepton len bythe Concesonsie 1) The concessionaire shal nether cnate nor permet subsstary encumbrance verthe projet aie, ‘except with prior conant in wrtng ef SMC 4 SOIC may on wren request low hypothecation of movable assets procured by the Concarsionire at security for oa tala for such movable assets rm the Banksfinencilinstitions ener shal hav fist ‘ight onthe auc: financed, provided in cat of termintion ef the Concession, Ider Sarina Inston on writen ismtion from SBME may stow sbatuton of Concession by another entity rere i No. F/6in

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