Model Project Development Agreement Page 48
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8815.3.1
in the ordinary course of business;
15.3.2
on an arm's length basis;
15.3.3
subject to an internationally competitive transparent process of bidding; and
15.3.4
at a fair market value on normal market terms
Certain Infrastructure Facilities
15.4
15.4.1
The Company shall, by the date falling [Insert number of Years] after the Agreement
Date, construct the following infrastructure facilities as described in the Project
Specifications at its own cost and expense:
(A)
the education facilities;
(B)
the medical and emergency medical evacuation facilities;
(C)
the helipad or a landing strip, as the case may be; and
(D)
Drinking water facilities.
15.4.2
The GON
through its agencies, shall provide reasonable support and assistance in the
,
form of coordination among the agencies and making available required permits, etc., to
the Company in relation to the construction of such infrastructure facilities as
mentioned in Section 15.4.
Local Share
15.5
All Project Affected People required to be resettled and rehabilitated as a result of the
Project, including all persons residing permanently in the district of the Project Area at the
date on which the construction activities for the Project commence, may, by written notice
to the Company and/or the GON in the period from the Effective Date to two years beyond
COD, exercise an option to purchase up to a ............. equity share in the Company at face
value. On receipt of such notice, the Company shall make arrangements to sell the
requested equity share in the Project to such people in consultation with the GON.
GLOF early warning system
15.6
Within one (1) Year of the Effective Date, the Company shall conduct a study, at its own
cost, of the potential effects on the Hydro Property of a glacier lake outburst flood
("GLOF"). Upon completion of such study, a full and detailed report shall be submitted to
the GON. If the GON in consultation with the Technical Review Panel determines that the
installation of an early warning system in respect of a GLOF is required, the Company
shall, at its own cost, establish such a system in consultation with the GON.
Electrification and free energy to local households
15.7
By COD, the Company shall have electrified all households comprising the Village
Development Committee wards, which are located on, or within (Insert Number) metres of,
the Hydro Property except Transmission Line. Following COD, the Company shall,
without charge, supply twenty (20) kWh of electrical output each Month to all households
comprising the Village Development Committee wards, which are located on, or within
(Insert Number) metres of, the Hydro Property except Transmission Line.
Use of local resources, institutions and human resources and national product and
15.8
services
15.8.1
Prior to the commencement of any work, the Company shall submit a detailed Nepal
Benefits Plan for the approval of the GON through the Ministry of Energy, as set out in
Schedule 17. The Nepal Benefits Plan shall address the following requirements and
confirm the Company's commitments as to how it will provide for(i) opportunity for
42
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