Model Project Development Agreement Page 30
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88Technical Review Panel not to be liable
5.6
The Company agrees with the GON that the Company will:
5.6.1 not seek to hold the Technical Review Panel or the present or past members of the
Technical Review Panel or any of them (each in this Section, an "Indemnified
Person") liable for any loss, damage or claim incurred or suffered by the
Company in respect of any comment or recommendation of the Technical Review
Panel and/or that Indemnified Person, whether made in accordance with the
provisions of this Agreement or not and regardless of whether that comment or
recommendation was made negligently or wilfully or not; and
5.6.2 on demand by the GON, indemnify and keep indemnified each Indemnified
Person by way of a continuing indemnity, and defend and hold harmless the
Indemnified Persons, and each of them, from and against any proceedings of any
nature whatsoever, penalties, demands, suits, costs and expenses (including
reasonable lawyers' fees and expenses) arising from or in respect of any claim
made by the Company or its Affiliates or any of their respective directors,
employees, agents or advisers.
6.
RIGHT AND OBLIGATION ON THE USE OF RIVER WATER
The GON shall confer on the Company rights and use of flow of the River to the extent and
under the conditions specified in the Generation License. The GON shall not issue, and
shall ensure that no GON Agency issues, any other licence or permit for use of the water in
the catchment area that substantially impairs the flow of such water. The Company shall
not impair the use of River for drinking water, irrigation, and other industrial, recreational
and cultural uses without making alternative provisions to the satisfaction of the existing
users. The Company shall ensure that the water released from the Power Station after COD
is of the same quantity, quality and discharge rate as before COD. In case the water
released from the Hydro Property is not of the same quantity, quality and discharge rate as
before COD, it should not substantially impair the value and operation of the existing
projects or projects being constructed or being proposed for the future in the downstream
stretches of the River. The Company agrees that it will cooperate and coordinate its
operations with other projects to be developed on the River in order to optimise basin value,
where consistent with the achievement of expected return on equity. It will also share its
engineering design and operating assumptions with other hydropower project developers
being developed in the same basin.
7.
COMMISSIONING, CONSTRUCTION AND COMMERCIAL OPERATIONS
DATE
7.1.1 The Company shall design, construct and commission the Hydro Property in
accordance with this Agreement, the Design Standards, the Project Specifications,
the Plans and the Export/Domestic Power Purchase Agreement before the
Scheduled COD and as certified by the Independent Engineer pursuant to Section
4.
7.1.2
If the Company does not achieve COD by the Scheduled COD as a result of a default,
breach or omission by the Company, the GON may terminate this Agreement in
accordance with Section 18.1.3.
7.1.3
If the Company does not achieve COD by the Scheduled COD as a result of a default,
breach or omission by the GON, the Company may terminate this Agreement in
accordance with Section 18.2.4.
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