Model Project Development Agreement Page 29
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88Handover Plan, life cycle plan for maintenance, management,
rehabilitation and renewal and silt prevention and management plan);
(B)
provide on-going independent advice to the Parties, as required by the
GON, on all technical, safety, environmental and social matters
associated with the Project, including:
(1)
compliance with and implementation of the Plans, the DER, the
EIA/IEE and [others (as applicable)];
(2)
compliance with the Key Guidelines;
(3)
mitigation against, and remedy of, environmental and social
impacts of the Project;
(4)
sustainability of assets;
(5)
dam design and dam safety aspects;
(6)
sediment management; and
(7)
the appropriateness and relevance of the Plans.
5.2.2
The Technical Review Panel shall, at the request of either Party, submit any such advice
in the form of a written report or a written determination which shall be issued to the
Parties. The Technical Review Panel shall, prior to issuing any final report or
determination, issue draft reports and determinations which shall be discussed with the
Parties. The Parties shall be provided with a reasonable opportunity to make oral and
written submissions before the Technical Review Panel.
5.2.3 If either Party does not agree with the Technical Review Panel's final written
report or written determination given pursuant to Section 5.2.2, either Party may
refer the dispute to an expert for determination as a Technical Dispute pursuant to
Section 21.4.
Company's obligations
5.3
Within ten (10) Days after receipt of a final written report or final written determination
from the Technical Review Panel under Section 5.2.2, the Company shall implement or
otherwise give effect to such final report or final determination.
Costs of the Technical Review Panel
5.4
The Company shall be responsible for paying all costs associated with the appointment and
obligations of the Technical Review Panel, including all fees, charges and expenses, within
fifteen (15) Days of receipt of an invoice from the Technical Review Panel.
Access
5.5
The Company shall:
5.5.1
cooperate with the Technical Review Panel in all matters relating to the Project;
5.5.2 promptly provide such access to the Project Area, the Company's premises and
any information and data relating to the Project, and such office accommodation
and other facilities as may reasonably be required by the Technical Review Panel
for the purposes of carrying out the Technical Review Panel's obligations under
this Agreement; and
5.5.3 inform the Technical Review Panel of all relevant site regulations with which the
Technical Review Panel must comply.
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