Guidelines Matrix for Assessing the Performance of ITC's Running Under PPP Mode_Final
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Transcript of Guidelines Matrix for Assessing the Performance of ITC's Running Under PPP Mode_Final
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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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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.
Title ofthe
Article
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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.
Title ofthe
Article
Clause Details of the clause Performance KeyIndicator (PKI)
Status ofITC
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.
Title ofthe
Article
Clause Details of the clause Performance KeyIndicator (PKI)
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
Clause Details of the clause Performance KeyIndicator (PKI)
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.
Title ofthe
Article
Clause Details of the clause Performance KeyIndicator (PKI)
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.
Title ofthe
Article
Clause Details of the clause Performance KeyIndicator (PKI)
Status ofITC
(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.
Title ofthe
Article
Clause Details of the clause Performance KeyIndicator (PKI)
Status ofITC
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.
Title ofthe
Article
Clause Details of the clause Performance KeyIndicator (PKI)
Status ofITC
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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Article
Clause Details of the clause Performance KeyIndicator (PKI)
Status ofITC
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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Article
Clause Details of the clause Performance KeyIndicator (PKI)
Status ofITC
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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Article
Clause Details of the clause Performance KeyIndicator (PKI)
Status ofITC
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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