Model Project Development Agreement Page 45
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88its foreshore, the Transmission Line, and the use of all roads constructed by the
Company within the Project Area, with the authority to reasonably restrict access and
use to personnel authorised by the Company in the interests of safety.
13.15.5 The Company shall allow local residents free and unfettered access to the reservoir and
its foreshore, other than any area to which access is reasonably restricted in the interests
of safety.
13.15.6 In accordance with the relevant environment-related Government Approvals, Survey
Licences and other applicable licences, the GON shall grant to the Company and the
Contractors the right to clear the forests and bushes and excavate, (above the surface or
underground, as required), for carrying out Project-related investigations.
Roads to Project Area
13.16
13.16.1 Subject to the requirements of the Laws of Nepal, the Plans and the EIA/IEE:
(A)
the GON shall make available to the Company all existing public roads
in the Project Area and neighbouring areas;
(B)
the GON shall allow the Company and its Contractors the use of
existing public roads in the Project Area and neighbouring areas for
necessary transport in connection with the Project; and
(C)
with the prior written consent of the GON, the Company shall, at its
own expense, modify, improve and/or strengthen roads and bridges,
temporarily or permanently, which are required for the transport of
heavy equipment in the Project Area and neighbouring areas.
13.16.2 The Company shall repair or cause to be repaired any damage to existing roads or
bridges in the Project Area and neighbouring areas caused by the Company's use of
such roads or bridges and the Company shall ensure that any such damaged roads or
bridges are restored to materially the same condition they were in immediately prior to
such damage. The Company shall use reasonable efforts to minimise the obstruction of
traffic during any repair contemplated by this Section 13.16.2.
13.16.3 The GON shall allow the Company and its Contractors to construct temporary and
permanent roads, tracks, bridges and ropeways as reasonably required within the Project
Area in order to permit the mobilisation of heavy construction and power equipment.
Such facilities shall be constructed, and such temporary facilities shall be dismantled
and disposed of (except where the Company is notified otherwise by the GON), by the
Company in accordance with the Laws of Nepal including section 24 of the Electricity
Act, 2049 (1992), the environmental conditions provided in the Generation Licence and
Transmission Licence, and all other applicable Laws of Nepal.
13.16.4 The Company shall obtain the prior consent of the GON for any construction works
within forest areas as referred to in the Forest Act, 2049 (1993) and the Forest
Regulations, 2050.
Security
13.17
13.17.1 The Company shall be responsible for the security of the Project and the Project Area.
13.17.2 If necessary, within fifteen (15) Days of the receipt of any written request properly
submitted by the Company to the GON, the GON may provide additional security for
the Project and the Project Area and take immediate and effective measures to protect
the Project, Project Area and Company's and its Contractors' and subcontractors'
personnel. The Company shall bear all expenses incurred by the GON and any GON
Agencies in relation to the provision of such additional security.
39
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