STAT TTT TST TTPTELOT geen orssnren0zsort200 case ofteet ote cerarf ware) ‘BAT Fax 91-11.25093607 / 25003514 National Highways Authority of India (Ministry of Road Transport and Highways) ‘af-5 wa 6, Gaet-10, meer, 7E AReet-110075 6-5 & 6, Sector-10, Owarka, New Dethi-110075 NHAI/Tech/GM(IN)/Misc,/2014 [¢7 33 Date: 02/09/2014 To, As per list attached. Dear Sirs, With reference to subejct work, it is to mention that the Agreement does not provide for timely and prompt reporting of events which entitles the affected party to claim damages under the provisions of the Agreement. Lack of such provision is observed to be not in order of spirits of the Contract Agreement between two parties. 2. In the above context, it is brought out to incorporate provisions for reporting of events that have potential for giving rights to damages/compensation under the Agreement within a reasonable time through signing of a Supplementary Agreement in this regard. 3. Inview of above, a Draft Supplementary Agreement including aforesaid provision of limitations in the subject Agreement is enclosed herewith for exercising your willingness and executing the same for desired necessary action. 4, It is therefore requested to kindly take necessary action at an early date for the purpose, Thanking you, ‘Yours faithfully ae cm @S. Rana) General Manager (ITN Copy to: @ — CGM(IYRO Chennai (ii) Concerned PDList SI. | Name of the Project Name of the Concessionaive/Contractor No. 1 Six laning of Chennai-Tada section | M/s L&T Chennai “Tada Tollway Ltd of NH-45 - 7 2. | Four laning of Tirupati-Tiruthani- | M/s Transstroy Tirupati-Tirathani- Chennai section of NH-205, Chennai Tollways Pyt, Ltd. 3 | Six laning of Hosur-Krishnagiri M/s Hosur-Krishnagiri Toll Road Pvt. section of NH-7 Ltd. Six laning of Krishnagiti-Walajahpet | M/s L&T Krishnagiri-Walajahpet section of NH-46 Tollways Pvt. Ltd. 5 | Six laning of Walajahpet- M/s. Essel Walajahpet- Poonamaliee Toil Poonamallee section of NH-4 Roads Pvt. Ltd. |_6 | Trichy-Karur Section of NH-67 M/s. Trichy-Karur Tol Road Pvt Lid [_7_| Thanjavur-Trichy section of NH-67_| M/s Trichy-Thanjavur Expressway Ltd. 8 | Two lane with paved shoulders of _ | M/s. Transtroy Trichy-Karaikudi Trichy-Karaikudi section of NH-210 | Tollways Pvt, Ltd. 9 | Two lane with Paved shoulder of | M/s Dilip Buildcon Ltd, Tirumayam-Manamadurai section of NH-226, 10 | Two lane with/without paved M/s Transstroy Krishnagiri-Tindivanam shoulders from Tindivanam- Tollways Pvt. Ltd., Krishnagiri section of NH-66 11 | Two lane with paved shoulders of | M/s Transstroy Dindigul-Theni-Kumuli | Dindigul-Theni-Kumuli section of _ | Tollways Pvt. Ltd., NH-45E &220 12 [4/6 laning of Chengapalli-Walayar_ | M/s IVRCL Chengapalli Tollways Lid section of NH-47_ sanea ieee 7Annexure-A Draft Supplementary Agreement for Reporting of events that have potential for giving ree to Damages or Compensations under this Agreement within a giving thle time period in respect of ongoing BOT (Toll/AnnultyOMT Concessions/EPC or Item rate contracts. This agreement is entered into on this ...... day Of ........88 @ ‘Supplement to Agreement dated .. Between National Highways Authority of India having its principle office at Plot No. G-5& 6, Sector -10, Dwarka, New Delhi-110075 (hereinafter referred to as “Authority” which expression shall, uniess repugnant to the context or meaning thereof, includes its administrators, successors and assignees of one part), AND MIS weer vossaen hereinafter referred to as Concessionaire/Contractor registered as Company under Companies Act 1956 having its Head office at (The Authority and the Contractor are individually referred to as party and collectively as parties) WHEREAS:- (a) Patties entered into Concession AgreementContract dated ... deers res eee ef OF _.. for a period of ..........years on DBFOT/Annuity execution of the work of .. MToWWEPC. (b) Whereas the aforesaid Concession Agreement 1 Contract does not provide for timely and prompt reporting of events which entitles the affected party to claim damages under the provisions of the Agreement.NOW THEREFORE The parties have mutually agreed to following:- (A) Insert following provisions under Article of the aforesaid agreement as a supplement to the main Concession/Contract Agreement: “provision for reporting of events that have potential for giving or Compensations under this Agreement “For so long as the Affected Party continues to claim to be materially affected upon occurrenceof an event and for which no time period for reporting has been prescribed elsewhere in the Agreement, a notice for reporting occurrence of such event would be given by the affected party as soon as reasonable practicable and in any event not later than one month from the date of occurrence of the event and the said notice shall include full particulars of: a) The nature and extent of the event which is subject of any claim for relief under the provisions of the agreement with evidence in support thereof, b) The estimated duration and the effect or probable effect of such an event on the affected party's performance of its obligation under the agreement. ¢) The measures which the Affected Party is taking or proposes to take for alleviating the impact of such an event; d) The amount of damages are being claimed and under the provisions of the Concession Agreement with full particulars and details; e) Any other information relevant to the affected party's claim. and (1) In case of continuing event, it shall provide the other party with regular {and not less than monthly) reports containing information as required by the aforesaid clause and such other information as the other party may reasonably request the Affected Party to provide.(2) The Affected Party shall not be entitled to any relief for or in respect of such event unless it would have notified the other Party of the occurrence of such event as soon as reasonably practicable and in any event not later than ‘one month after the Affected Party knew or ought reasonably to have known of its occurrence and shall have given particulars of the probable adverse effect that the event Is likely to have on the performance of its obligation under the Agreement.” (8) _ Save and except as provided in this agreement, all other terms and conditions and rights and obligations of the parties shall be governed by Concession Agreement dated ... {C) This agreement shall constitute part and parcel of the Concession/Contract Agreement dated . which shall stand amended to the extent as agreed hereinabove in this agreement. IN WITNESS WHEREOF the parties have signed this Supplementary Agreement on the date mentioned above in the presence of the witness. For and on behalf of Concessionaire For and on behalf of Signed by Signed by Witness: Witness