guidelines matrix for assessing the performance of itc's running under ppp mode_final

7/31/2019 Guidelines Matrix for Assessing the Performance of ITC's Running Under PPP Mode_Final

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THE GUIDELINES MATRIX FOR ASSESSING THE PERFORMANCE AGAINST THE CLAUSES MENTIONED IN

CONCESSION AGREEMENT OF ITIS RUNNING UNDER PPP MODE

Base of the guidelines

The parameters for performance evaluation of the ITIs running under PPP mode are prepared based on the clausesmentioned in the concession agreement. The agreement has total 23 Articles under which many sub-clauses are

included. Mainly the articles/agreement has two aspects of

Project Agreement

Financial Agreement

Also the period of the Agreement is divided in to two phases

Development period

Maintenance period

Key Performance Indicators

The Performance indicators are prepared keeping in view the important clauses of the agreement. The Key

performance indicators have been prepared based on the clauses of different articles.

P.S. :

1. The requirements are check lists & are required for assessing the performance of ITIs as per

Agreement.

2. The assessment is based on the mentioned Key Indicators, but is not limited to these clauses only.

3. The interpretation of these clauses is purely as per the essence of the agreement.

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4. CA-Concessioning Authority

Matrix to evaluate the performance of ITC in PPP mode against the clauses of Concession Agreement

ArticleNo.

Title ofthe

Article

Clause Details of the clause Performance KeyIndicator (PKI)

Status ofITC

Article5

Performance

security

Clause 5.1PerformanceSecurity

For due and faithful performance ofits obligations under thisAgreement, the Concessionaireshall provide the ConcessioningAuthority a bank guarantee from aScheduled Bank as PerformanceSecurity for an amount as indicated

in Schedule III. Upon the provisionof the Performance Security by theConcessionaire, the ConcessioningAuthority shall return the ProposalSecurity to the Concessionaire.

If the Concessionaire fails toprovide the Performance Securityby the date required in this Clausein accordance with this Clause 5.1,it shall constitute a ConcessionaireEvent of Default that shall entitleConcessioning Authority toterminate this Agreement

PerformanceSecurity as perSchedule III-(Annexure-c )submitted or notwithin due date-

Renewal of BG after

its expiry with instipulated periodsubmitted or not.

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ArticleNo.

Title ofthe

Article


Status ofITC

Article6

Obligationsof the

parties

Clause6.2Ob

ligations oftheConcessionaire

The Concessionaire, in addition

and without prejudice to itsobligations specified in the otherprovisions of this Agreement,shall, during the ConcessionPeriod, including extensionthereof, without qualification,observe and comply with thefollowing obligations: TheConcessionaire shall

(a) Take over possession of

the Project Site from theConcessioning Authority,provided, however, it hasprovided the PerformanceSecurity in accordance withthe provisions of Article 5;

(b) Without prejudice to theConcessioning Authoritysobligations in this respect,make or cause to be made thenecessary applications to therelevant Competent Authorityfor all Clearances and supplythe appropriate particulars anddetails to such Competent

Up gradation &renovation Done or

not Substantial

Completion ( As perscope of work mentioned in theRFP-Annexure A) ofthe building by Duedate-31-5-2005

Maintenanceactivities made or

not as perMaintenancestandards-schedule-IV- Annexure B

Commencement ofITI operations by duedate as peragreement-1st weekof August 2005.

Standby and backuparrangements for

Power available ornot

Timely payments ofthe Concession Fees& Revenue share

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ArticleNo.

Title ofthe

Article


Status ofITC

Authority as may be necessary

confirming that theConcessionaire fulfils theeligibility criteria to enablesuch authority reasonably toconsider the request for thegrant of the relevant Clearanceand, following the grant of anysuch Clearance, maintain suchClearance in full force andeffect so long as it is necessaryin order for the Concessionaireto perform its obligationshereunder;

(c) Undertake upgradation &renovation itself or appointConstruction Contractor(s) andenter into ConstructionAgreement(s). TheConcessionaire shall carry outconstruction of the Facility in

accordance with the terms ofthis Agreement, includingwithout limitation theconditions of Clearance,Technical Requirements andGood Industry Practices;

made or not-15 Aprilof every commercial

year. Provided a security

and watch and wardservice

Academic Fees iscollected accordancewith the rates underthis Agreement

Maintained therequisite insurance

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ArticleNo.

Title ofthe

Article


Status ofITC

(d) Manage, run and maintain

the Facility or cause it to bemaintained in accordance withthe terms of this Agreement,including without limitation theconditions of Clearances,Performance Standards,Maintenance Standards andGood Industry Practices;

(e) Report to theConcessioning Authority during

the Development Period andthe Management Period asdetailed in Article 10. Suchreports will contain suchinformation as is reasonablyrequired to keep theConcessioning Authorityproperly informed of materialmatters relating to theupgradation & renovation,

management and maintenanceof the Facility;

(f) Achieve SubstantialCompletion not later than July2004; provided that the

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ArticleNo.

Title ofthe

Article


Status ofITC

Concessionaire shall not be in

breach of this Clause 6.2(f), ifany non-fulfilment or delay infulfilment of its obligationsherein are caused by (i) theoccurrence of an event ofForce Majeure in accordancewith Article 15 hereof or (ii) aConcessioning Authority Eventof Default or any other act oromission by the ConcessioningAuthority in contravention of

its obligations under thisAgreement;

(g) Commence CommercialOperations of the Facility andensure that classes for ITIbegin by 7th August, 2004.

(h) Make adequate standbyand backup arrangements formeeting the powerrequirements for themanagement and maintenanceof the Project;

(i) Make timely payments o f

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ArticleNo.

Title ofthe

Article


Status ofITC

the Concession Fees &

Revenue share as applicable tothe Concessioning Authority inaccordance with the terms ofthis Agreement;

(j) Not transfer or dispose off or otherwise alienate any ofthe Project Assets excludingmovable assets created byhim, without the prior writtenapproval of the Concessioning

Authority;

(k) Maintain the Project Assetsin accordance with theMaintenance Standards andGood Industry Practices withthe objective of providingadequate service standards tothe Trainees and ensuring thatat the end of the ConcessionPeriod the Facility, excludingmovable assets created byhim, is transferred to theConcessioning Authority or itsnominated agency in faircondition, subject to normal

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ArticleNo.

Title ofthe

Article


Status ofITC

wear and tear, having regard

to its construction orupgradation, life and use inaccordance with the terms andconditions of this Agreement;

(l) Allow representatives of the Concessioning Authorityreasonable access to theProject Site but so as not tointerfere unreasonably withthe upgradation, management,

running or maintenance of theFacility;

(m) Subject to the provisions ofArticle 17, not Abandon theFacility;

(n) Provide a security andwatch and ward service at theFacility to maintain the safetyand security of the life and

property and make provisionand arrangement for first aidand prompt medical attentionin cases of accidents andemergencies;

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ArticleNo.

Title ofthe

Article


Status ofITC

(o) Ensure that the Academic

Fees levied, charged anddemanded, collected, retainedand appropriated is inaccordance with the ratesunder this Agreement;

(p) Maintain the requisiteinsurance on the Facility, asspecified in this Agreement;

(q) Upon the termination of

the Concession Periodincluding extension thereof,transfer the Facility and ProjectAssets, excluding movableassets created by him, to theConcessioning Authority or itsnominated agency, as the casemay be, in accordance with theterms and conditions of thisAgreement;

(r) Promptly notify theCompetent Authorities andhand over to them anyarchaeological finds, treasuresand precious and semi-

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ArticleNo.

Title ofthe

Article


Status ofITC

precious minerals discovered

at the Project Site by theConcessionaire or itsemployees, agents andContractors;

(s) Provide the ConcessioningAuthority, notarised truecopies of the FinancingPackage, FinancingDocuments, as approved bythe Lenders and the Project

Agreements.

Clause 6.3

Obligations of theParties

Each Party shall

(a) Comply with andperform its respectiveobligations under thisAgreement and shall work andcooperate in good faith withthe other Party with respect to

all the obligations and rightshereunder of the other Party;

(b) Agree to novation and

The covered areabeing utilized to runthe ITI courses is aminimum of 100% ofthe covered areabeing utilized to runnon-ITI

Does the functioning

of ITC is hamperingdue to additionalcourses

Affiliation of all theITI courses being run

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ArticleNo.

Title ofthe

Article


Status ofITC

modification of the ConcessionAgreement upon appointment

of the Substitute Entity;

(c) Enter into additionalwritings as required;

(d) The Parties agree thatthe title to and ownership ofthe Project Site shall at all

times vest in theConcessioning Authority andshall not under anycircumstance whatsoever passover or be deemed to passover to the Concessionaire orPersons claiming by, under orthrough the Concessionaire.The Project Assets created bythe Concessionaire, shall be

owned by the Concessionaireduring the Concession Periodand shall be transferred,excluding movable assetscreated by him, to theConcessioning Authority upon

are approved byNCVT/SCVT

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ArticleNo.

Title ofthe

Article


Status ofITC

the expiry or prior terminationof the Concession Agreement.

(e) With respect to theFacility, the Parties agree that

(i) TheConcessionaire would beallowed to run AdditionalCourses. An indicative listof such Additional Courses

has been given in ScheduleIX of this Agreement.However, theConcessionaire would beresponsible for obtainingthe requisite Clearancesfrom the CompetentAuthorities.

(ii) The

Concessioning Authoritywould facilitate the grant ofClearances from theCompetent Authorities forthese Additional Courses.However, the same would

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ArticleNo.

Title ofthe

Article


Status ofITC

not be binding on theConcessioning Authority.

(iii) At anytime during the tenure ofthis Agreement, thecovered area being utilisedto run the ITI courses wouldbe a minimum of 100% ofthe covered area beingutilised to run non-ITIcourses in the Facility.

(iv) TheConcessionaire would begiven adequate flexibilityto give the Facility aname of his choice.However, the Governmentreserves the right towithdraw this benefit if thename jeopardizes

National/State/Society/general public interest.

(v) TheConcessionaire would alsobe allowed to enhance the

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ArticleNo.

Title ofthe

Article


Status ofITC

revenue stream fromsources such as job work

from Industries,Households and other suchwork of similar nature.However, the job workshould not in any wayhamper the functioning ofthe ITI.

(vi) At theend of the Concession

Period, the ConcessioningAuthority would either runthe Facility itself or offer itfor private sectorparticipation. In case theFacility is offered forprivate sector participation,the Concessionaire wouldbe given the first right ofrefusal i.e., theConcessionaire would be

allowed to match the bestprice proposal availablewith the ConcessioningAuthority at that time.

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ArticleNo.

Title ofthe

Article


Status ofITC

(vii) Concessionaire should ensure that

all the ITI courses being runare approved by/affiliatedto NCVT/SCVT. Anyparticular running course, ifde-affiliated, should getaffiliation within astipulated time so that notrainee is affected. If atrainee is affected, theConcessionaire shouldrefund the Academic Feesand hostel charges in full tothe affected Trainee/s. Ifany particular trade getsde-affiliated thrice duringthe period of Concessionand trainee/s are affectedadversely, it will be treatedas Concessionaire Eventof Default.

Article8 Auditing Clause 8.1

Requirements

The Concessionaire is required toprepare and submit variousFinancial Statements as perstatutory requirements.

Financial statementsof the ITC Receivedor not.

Any Discrepancy asper the Audit reportby Concessioning

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ArticleNo.

Title ofthe

Article


Status ofITC

The Concessioning Authorityreserves the right to get the

Accounts audited as and when itdeems it appropriate, at its ownexpense.

Authority

Article9

Development &management

Clause 9.1

Developme

nt oftheFacilit

y

a) The Concessionaire shallundertake at its expense thedevelopment and upgradationof the Facility, in accordance

with terms of Clearances,Technical Requirements andthe terms and conditions of thisAgreement, or where not sospecified, in accordance withGood Industry Practices.

b) The Concessionaire mayimplement the Project on itsown or through Contractor(s).The Concessionaire shallcommence the developmentand upgradation of the Facilitywithin 30 days of theCompliance Date and ensurethat substantial completion of

The building iscompleted as persite plan-by 31-5-2005

Notified to CA aboutthe completion ofbuilding or not

Qualified staff asper norms appointedor not

Resident Principalappointed or not

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ArticleNo.

Title ofthe

Article


Status ofITC

the Facility is achieved by July

2004.

c) The appointment of Contractor(s) shall not, in anymanner, relieve theConcessionaire of itsobligations under thisAgreement.

d) The Concessionaire shall

ensure that the upgradationworks shall comprise onlymaterials and goods which shallbe of sound quality and whichshall have been manufacturedand prepared and allworkmanship shall be inaccordance with Good IndustryPractices and that each part ofthe works shall be fit for thepurpose for which it is requiredas stated in or as may bereasonably inferred from theplans.

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ArticleNo.

Title ofthe

Article


Status ofITC

e) The Concessionaireacknowledges that all debrisand construction and buildingmaterials (sand, gravel, stone,rock, loose earth etc.) Lying atthe Project Site or generatedduring upgradation of theFacility shall be the property ofthe Concessioning Authority.The Concessionaire shalldispose of at its cost such

debris and construction andbuilding materials inaccordance with the writteninstructions issued by theConcessioning Authority fromtime to time.

f) The Concessionaire shallachieve Substantial Completionby July 2004 in accordance withthe terms and conditions of thisAgreement.

g) If the Substantial Completion of

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ArticleNo.

Title ofthe

Article


Status ofITC

the Facility is delayed due to an

act or omission of theConcessionaire or itsContractor(s), sub-contractors,agents or employees incontravention of its obligationsunder this Agreement or theProject Agreements it shall be aConcessionaire Event ofDefault. If the SubstantialCompletion is delayed due toan act or omission of the

Concessioning Authority incontravention of its obligationsunder this Agreement, theConcession Period shall beextended for a period of timeequal to the period of suchdelay.

h) When the Concessionairereasonably believes thatSubstantial Completion hasbeen achieved theConcessionaire shall so notifythe Concessioning Authority inwriting. This notice, in any

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ArticleNo.

Title ofthe

Article


Status ofITC

case, will not be later than 31st

May, 2004. Such notice will setout the place, date and timewhen the inspection for suchworks shall be held (which shallnot be on a date that is earlierthan 7 days following the dateof such notice). TheConcessioning Authority shallhave the right to attend suchinspection and assessment.

i) Intentionally left blank

j) Intentionally left blank

k) The Concessionaire shallcommence CommercialOperations of the Facility uponachieving Substantial

Completion.

Article10

Information

Clause10.1

(a) Annualaccounts of the Concessionaire

Annual accountsstatement Furnished

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ArticleNo.

Title ofthe

Article


Status ofITC

Financial

Information

delivered within 180 days of theend of each fiscal year;

(b) Intentionallyleft blank

(c) Notification of any adverse material change inthe financial condition of theConcessionaire or the Projectpromptly following suchoccurrence

or not

Clause10.2

DevelopmentPeriodReports

The Concessionaire shall within 30

days of the Compliance Dateprovide to the ConcessioningAuthority a copy of theupgradation schedule, and providethem monthly progress reportsduring the Development Period

Monthly progressreports aboutdevelopment period

Clause10.3

Manag

The Concessionaire shall providethe Concessioning Authority, anannual report during theManagement Period, which shallcontain the following information:

Submitted annualreport during theManagement Periodabout

Summary of progress

Management Plan

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ArticleNo.

Title ofthe

Article


Status ofITC

ementPeriodReports

(a) Summary of progress :summary of operating and

financial results. This wouldalso include information aboutthe various courses and thenumber of Trainees/ Students,which have been enrolled. TheConcessioning Authorityreserves the right to get thedetails verified through its ownor nominated personnel at itsown expense, as and when itdeems it appropriate.

(b) Management Plan : amanagement plan for theProject for the year and areport on the activities carriedout during the previous year(including a commentary onany material deviation fromexpected activities as set outin the management plan).

submitted or not

Article11 Academicfees Clause11.1Levy

andAppro

(a) On and from the OperationsDate and until theManagement Period, theConcessionaire shalldetermine, levy, collect, retain

Fee collected as perthe fixed rates-12000/- per AnnumFor Engg. Trades

8000/- per Annum forNon Engg. Trades

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ArticleNo.

Title ofthe

Article


Status ofITC

priation of

AcademicFees

and appropriate Academic

Fees from the Trainees as perthe rates set out in Schedule I.

(b) The Concessionaire shall beentitled, at any time, to submitto the Concessioning Authorityand PIRA, with the certificateof an Independent Auditor, anupward revision to the ceilingin Academic Fees, once in 3years. The professional fees,

costs and expenses, if any, ofthe Independent Auditor shallbe borne by theConcessionaire.

The PIRA may concur with therevised ceiling in AcademicFees submitted by theConcessionaire or itselfdetermine the revised ceilingfor Academic Fees. Within 30days of such concurrence ordetermination by the PIRA, theConcessioning Authority shallpass the appropriatenotifications/orders for

Any upward revision

of the fee by the ITC If yes date &

approval from CA

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ArticleNo.

Title ofthe

Article


Status ofITC

effecting the revision of theceiling for Academic Fees.

Such notification/order shallspecify that the revised rate ofceiling that shall come intoforce immediately uponpublication of the notification.

Article12

Concessionfees &revenuesharing

Clause12.1

Conc

essionFees

(a) In consideration for thegrant of the Concessionunder this Agreement,the Concessionaire

shall, with effect fromthe Operations Dateand during theManagement Period,pay to theConcessioning Authorityan annual ConcessionFees. The Concessionfee would increase withincrease in Academic

fees. The increase inConcession fee wouldbe 10% of incrementalAcademic Fee receiptsfrom (upto) 300 ITIstudents. For reaching

Admission Made tothe fullest capacity.

Affiliation obtainedor not

Full Concession feesubmitted or not-

Fee is submitted bydue date or not-15April of eachcommercial year

If Academic fee isincreased theConcession fee isincreasedcorrespondingly.

If the fee issubmitted late-whether the interestat the rate of SBImedium term Prime

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ArticleNo.

Title ofthe

Article


Status ofITC

the figure of 300,

students would becounted in ascendingorder of Academic Fee.

(b) The ConcessionFees shall be payableby the Concessionaireto the ConcessioningAuthority in advance onApril 15 of each year ofCommercial Operations

at the ConcessioningAuthoritys or itsnominees bankaccount at ______ Bank,a scheduled bankhaving a branchat______. TheConcessionaire shallpay the ConcessioningAuthority theConcession Fees of thefirst year of CommercialOperations on theOperations Date.

(c)In the event of delay up

Landing Rate plus4% per annum is

submitted. Whether the revenue

is shared on accountof excess of trainees.

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ArticleNo.

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Article


Status ofITC

to four weeks in

payment by theConcessionaire, theConcessionaire shall berequired to pay theConcessioning Authorityinterest at the rate ofSBI medium term PrimeLanding Rate plus 4%per annum. In the caseof delay beyond suchfour weeks, it shall be a

Concessionaire Event ofDefault.

Clause12.2

Revenue

Sharing

At any time during theConcession Period, if the numberof Trainees (ITI Courses) andStudents (Non ITI Courses)exceed 300, the Concessionaire

would share with theConcessioning Authority 10% ofthe incremental Academic Fees.For reaching the figure of 300numbers, at first all the ITIstudents in ascending order of

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ArticleNo.

Title ofthe

Article


Status ofITC

Academic fee would beconsidered (students with lowerfee would be considered first).Then Non ITI students inascending order of Academic feewould be considered (studentswith lower fee would beconsidered first).

Article13

Financing Clause13.1

Assignment&CreationofSecurity

Complied with theFinancing Plan ornot.

Clause13.2

Accounts

Maintained thebooks of accounts ornot.

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ArticleNo.

Title ofthe

Article


Status ofITC

ofConc

essionaire

Article16

Events ofdefault

Clause16.1

Concessioning

Authori

tyEventofDefault

Each of the following events orcircumstances, to the extent notcaused by a default of theConcessionaire or Force Majeure,shall be considered for thepurposes of this Agreement asevents of default of the

Concessioning Authority (theConcessioning Authority Event ofDefault) which, if not curedwithin the time period permitted,if any, shall provide theConcessionaire with the right toterminate this Agreement inaccordance with Article 17 hereof

(i) Material Breach by theConcessioning Authority ofits obligations under thisAgreement which is notremedied within 90 days ofreceipt of written noticefrom the Concessionaire

Any event of Defaultas have beenspecified inAgreement

Change in control ofthe Concessionaireor any change in therights of ownershipof theConcessionaire

De-affiliation or de-recognition byNCVT/SCVT of anyparticular ITI

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ArticleNo.

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Article


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specifying such breach and

requiring the ConcessioningAuthority to remedy thesame;

(ii) any change in the policies ofthe Concessioning Authorityor a Change in Law whichhas a Material AdverseEffect on theConcessionaires ability toimplement the Project;

(iii)a breach of any expressrepresentation or warrantyby the ConcessioningAuthority which has aMaterial Adverse Effect andsuch breach is not remediedwithin 90 days of receipt ofwritten notice from theConcessionaire specifyingsuch breach and requiring

the Concessioning Authorityto remedy the same;

(iv) Suchevents as have been

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ArticleNo.

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Article


Status ofITC

specified as Concessioning

Authority Events of Defaultunder the provisions of thisAgreement; and

(v) Anydefect in the title, ownershipand possession of theConcessioning Authority withrespect to the Project Site.

(b) The Concessionaires

obligations under thisAgreement shall besuspended and theConcessionaire shallhave no liabilityhereunder during any ofthe foregoing CurePeriods while therelevant event remainsuncured.

Clause16.2

Each of the following events orcircumstances, to the extent notcaused by a default of theConcessioning Authority or Force

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ArticleNo.

Title ofthe

Article


Status ofITC

ConcessionaireEventofDefault

Majeure, shall be considered for

the purposes of this Agreementas Events of Default of theConcessionaire (ConcessionaireEvent of Default) which, if notcured within the time periodpermitted, if any, shall providethe Concessioning Authority, withthe right to terminate thisAgreement in accordance withArticle 17 hereof:

(i) Material Breach of itsobligations under theAgreement which has aMaterially Adversely Effect onthe Concessioning Authorityor the Project and suchbreach is not remedied within90 days of receipt of writtennotice from theConcessioning Authorityspecifying such breach and

requiring the Concessionaireto remedy the same;

(ii) such events as have beenspecified as Concessionaire

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ArticleNo.

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Article


Status ofITC

Events of Default under theprovisions of this Agreement;

(iii) a breach of any expressrepresentation or warranty bythe Concessionaire which hasa Material Adverse Effect andsuch breach is not remediedwithin 90 days of receipt ofwritten notice from theConcessioning Authorityspecifying such breach and

requiring the Concessionaireto remedy the same;

(iv)any actions or omissionsattributable toConcessionaire, includingdelay on the part of theConcessionaire to dischargeany of its obligations, that hasa Material Adverse Effect onthe implementation of the

Project;

(v) failure of the Concessionaireto achieve SubstantialCompletion by July 2004;

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ArticleNo.

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(vi) dissolution of theConcessionaire pursuant toLaw, except for the purposeof a merger, consolidation orreorganisation that does notaffect the ability of theresulting entity to perform allthe obligations of theConcessionaire under thisAgreement and providedfurther that such resultingentity expressly assumes all

such obligations;

(vii) Abandonment of theProject by theConcessionaire;

(viii) the ConcessioningAuthority notifies theConcessionaire of a materialfailure by the Concessionaireor its employees or agents or

Contractor(s) to upgrade andmanage the Project inaccordance with the termsand conditions of thisAgreement and further

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ArticleNo.

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issues a notification to theConcessionaire of the failureto remedy such non-compliance within the timeframe as may reasonablyhave been specified forrectifying the same; and

(ix)if there is a change incontrol of the Concessionaireor any change in the rights ofownership of the

Concessionaire or in thepowers of anyshareholder/member of thegoverning body to direct themanagement or the policiesof the Concessionaire wheresuch change would bereasonably likely to have aMaterial Adverse Effect on theability of the Concessionaireto comply in all material

respects with its obligationsunder this Agreement and theProject Agreements;

(x) De-affiliation or de-

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ArticleNo.

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recognition by NCVT/SCVT ofany particular ITI Trade andadverse effect on trainee/s,thrice during the ConcessionPeriod, unless due to anevent of Force Majeure.

(b) The ConcessioningAuthoritys obligationsunder this Agreementshall be suspendedand the Concessioning

Authority shall haveno liability hereunderduring any of theforegoing Cure Periodswhile the relevantevent remainsuncured.

Article17

Termination

Clause

17.1

Terminationby

Any Termination ofAgreement Notice/processstarted/closed orpending

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ArticleNo.

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Concessionaire for aConcessioning

AuthorityEventofDefault

Article19

Insurance

Clause19.1

Coverage

The Concessionaire shall, on andfrom the Compliance Date,maintain or cause to bemaintained, at its own expense,the following insurance policies:

Fire & Theft

Policy for loss or damage

to Project Assets due toForce Majeure events likeEarthquake.

Policies for Insurance inrespect of claims for

Whether Insurancepolicies maintainedfor

Fire & Theft

loss or damage toProject Assets

Insurance in respectof claims forpersonal injury to ordeath of any Person

employed by theConcessionaire

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ArticleNo.

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personal injury to or deathof any Person employed bythe Concessionaire or itssubcontractors and arisingout of such employment.

(b) The premiums payable oninsurance coverage asindicated above, includingany costs and expensesincidental to the procurementand enforcement of such

insurance coverage shall beborne by the Concessionaire.

Clause19.2

Evidence ofInsuran

ceCoverage

The Concessionaire shallfurnish to the ConcessioningAuthority copies of certificates of insurance inrespect of the insurancepolicies referred to in Clause19.1 as soon as reasonably

practicable after they arereceived by theConcessionaire and from timeto time shall furnish evidenceto the Concessioning

Evidence of insurance submittedor not

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ArticleNo.

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Article


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Authority that all premiumshave been paid, and that therelevant policies remain inexistence. In the event thatthe Concessionaire fails tomaintain the insurancepolicies as required under thisAgreement as certified by theIndependent Auditor, theConcessioning Authority mayaffect such policies andrecover the costs and

expenses incurred in thisregard from theConcessionaire.

Article22

Disputeresolution Clause

22.1

Amicable

Settlement

Any unresolvedDispute pending

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