Model Project Development Agreement Page 47
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8815.
COMPANY OBLIGATIONS
EIA/IEE
15.1
15.1.1
The Company shall prepare and conduct the EIA/IEE in accordance with the Laws of
Nepal, Key Guidelines, and the Plans, and shall include consideration of, among others,
the access road, power house, embankments, tunnels or canals, headworks, camps,
quarries, muck disposal, spoil banks, transmission lines and sub-stations.
15.1.2
The Company shall produce the executive summary of the EIA/IEE in both English and
Nepali languages.
15.1.3
The Company shall submit the EIA/IEE to the GON for approval. The GON shall
approve the EIA/IEE provided that the EIA/IEE complies with the requirements of the
Laws of Nepal, including the Environment Protection Act, 2053 (1997), the
Environment Protection Regulation, 2054, and the National Environmental Impact
Assessment Guidelines, 2050, as well as any regulations and guidelines made there
under.
15.1.4
The approved EIA/IEE shall be an integral part of this Agreement and the Project, and
the Company shall comply, and promptly rectify any non-compliance, with the
environmental, occupational, health and safety requirements detailed in the approved
EIA/IEE and the Plans.
15.1.5
The Company shall ensure at all times when developing and operating the Hydro
Property that such quantum of water which is the greater of (A) ten percent (10%) of the
Monthly average discharge of the River in the relevant month, and (B) the minimum
quantity which is stipulated in the EIA/IEE, shall be released into the natural
watercourse downstream of the dam or the diversion structures.
Plans, resettlement and rehabilitation
15.2
15.2.1
The Company shall comply with (i) the Local Procurement and Development Plan, (ii)
the Employment and Skills Training Plan, (iii) the Corporate Social Responsibility Plan,
(iv) the Rehabilitation and Resettlement Plan, (v) the Environment Management Plan,
(vi) the environmental impact assessment report, (vii) the initial environmental
examination report, (viii) the Nepal Benefits Plan and [Insert names of other plans that
need to form part of this agreement, as required for each project – to be reviewed on a
case-by-case basis and such plans (or guidelines for preparation of such plans) to be
annexed to the agreement)](collectively, the "Plans").
15.2.2
The Company shall resettle, rehabilitate and compensate Project Affected People in
accordance with the Plans. The Company shall implement the Rehabilitation and
Resettlement Plan to ensure that the living standards and livelihood of the Project
Affected People shall be higher than the standard prevailing sixty (60) Days before the
Agreement Date.
15.2.3
The GON shall provide administrative support and assistance to the Company in
implementing the Plans and the Company's other obligations described in this Section
15.2.
15.2.4
The Company shall comply with and carry out its obligations in this Section 15.2at its
own cost and expense.
Arm's length transactions
15.3
The Company shall not enter into any agreement, arrangement or negotiations, whether in
relation to a sale, lease, licence, transfer, loan or other disposal, with any person (including
Affiliates) except to the extent such agreement, arrangement or transaction is:
41
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