Risk and There Mitigations Associated With MCA - 03

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.
PRE CONSTRUCTION
ARTICLE 4
CONDITIONS
PRECEDENT
Condition Precedent to be satisfied by the
Concessionaire like to provide performance
security to the Authority, procure execution of
Escrow Agreement, procure execution of the
Substitution Agreement, prior to the Appointed
Date else contract will be terminated.
Concessionaire has to satisfy Conditions

Precedent within the time limit specified there
in i.e. before Appointed date.
COMPLIANCE
On the date of this Agreement the Consortium

Material Breach means Contract Termination
memebers together shall hold less than 51% of the
Equity paid. And during Construction Period no
member of the Consortium shall hold less than 10
% of such Equity.
COMPLIANCE
Concessionaire should pay for the performance of

its obligation a Performance Security within 180
days from the date of this Agreement the sum
specified in Agreement.Upon providing such
security, the Authority may release Bid Security to
the Concessionaire.
COMPLIANCE
Clause No. 4.1.2.
ARTICLE 7
REPRESENTATION
S AND
WARRANTIES
Clause 7.1 ( k )
ARTICLE 9
PERFORMANCE
SECURITY
ARTICLE 10
RIGHT OF WAY
Contract Termination
ACTION BY
DATE
Score
LEADER/OWN
ER
Impact
Post Control
MITIGATION/
CONTROL
MEASURES
Likelihood
CONSEQUENCES( RISKS)
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
REFERENCE.NO
LAST
REVIEWED

PRE CONSTRUCTION
Procurement of the
site
Authority representative and concessionaire shall, Major risks involved if concessionaire fail to
on mutually agreed date time, inspect the Site and make note of important inventories avialable
prepare a memorandum containing an inventory
and non available at site. It is impotant
of the site ( Vacant and unencumbered land,
because of obligation of the Concessionaire to
buildings, structures,road etc.,)
mainten existing road. And hence appoint a
competent person to do this job.
Careful Scrutiny
Contract Termination
Careful Scrutiny
Clause 10.3.2.
Prior to the Appointed date the Authority shall

granted vacant access and Right of Way such that
the Appendex shall not include more than 20% of
the total area of site.The Authority Shall give
possession atleast 80% of the required land with
Environement Clerance etc., before Financial
Close
Unnecessary Dispute and Project Delay
Careful Scrutiny
Clause 10.3.6
Additional land required for toll plazas, medical

aid posts, Traffic Aid posts, Under passes, Over
passes etc shall be informed to Authority within
60 days of the Appointed date or date of Change
of Scope order.
If not, approvals will be delayed
Continous Pressure on
Clients.
Clause 10.3
ARTICLE 23
INDEPENDENT
ENGINEER
Appointemnet of an The authority shall appoint Independent Engineer
Independent Engineer not later than 90 days from the date of this
Agreement and shall be for period of 3 years.
Clause 23.1
ACTION BY
DATE
Score
LEADER/OWN
ER
Impact
Post Control
MITIGATION/
CONTROL
MEASURES
Likelihood
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
REFERENCE.NO
LAST
REVIEWED

PRE CONSTRUCTION
RENUMERATION
Clause 23.3
ARTICLE 24
Clause 32.2 C
The renumeration, cost and expences of the

Independent Engineer shall be paid by the
Authority and subject to the limits set forth in
schedule-P, and half of the such renumeration,
cost and expences shall be reimbursed by the
Concessionaire to the Authority within 15 days of
receiving a statement of expenditure from the
Authority.
COMPLIANCE in
Time
The Concessionaire shall achieve Finacial Close

within 180 days from the date of this Agreement
and agreed for further extention 120 days but on
payment of penalty 0.1 % Performance Security
for each day of delay
If Finacial close is not Achievable within time

specified therein may lead to Termination of
this Agreement.
COMPLIANCE
The Concessionaire shall, prior to the Appointed

date, open and Establish an Escrow Account with
a Bank in Accordance with this Agreement.
Termination Risk
COMPLIANCE
INSURANCE
Notice to Authority
Not later than 45 days prior to commencement of

the Construction period or the Operation Period as
the case may the Concessionaire has to inform
Authority regarding its intent to insure and
maintain in accordance with this Article 32.
COMPLIANCE
Score
ACTION BY
DATE
Impact
LEADER/OWN
ER
Likelihood
Score
Post Control
MITIGATION/
CONTROL
MEASURES
ESCROW
ACCOUNT
Clause 31.1.1 C
ARTICLE 32
FINACIAL CLOSE
Clause 24.1.1 C
ARTICLE 31
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
REFERENCE.NO
LAST
REVIEWED

PRE CONSTRUCTION
Clause 32.3 C
Evidence of Insurance Within 15 days of obtaining any insurance cover,

Cover
the Concessionaire shall furnish to the Authority
true copies of the certificates of insurance, copies
of insurance, and no such insurance shall be
cancelled, modified or allowed to expire or lapse
untill the expiration of atleast 45 days after notice
of such proposed cancellation or non-renewal has
been delivered by the Concessionaire to the
Authority.
ARTICLE 34
FORCE MAJEURE
Clause 34.6
Clause 34.7
If Force Majeure event occurs prior to the

appointed date, the financial closure shall be
extended by the period equal in length to the
duration of the Force Majeure Event.
COST ALLOCATION Upon occurrence of any Force Majeure event

FOR FORCE
prior to the Appointed date, the Parties shall bear
MAJEURE
their respective costs ad no party shall be required
to pay to the other party any costs thereof
COMPLIANCE
Careful Recording
Recording of Cost
ACTION BY
DATE
Score
LEADER/OWN
ER
Impact
Post Control
MITIGATION/
CONTROL
MEASURES
Likelihood
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
REFERENCE.NO
LAST
REVIEWED
D WITH THE MODEL CONCESSION AGREEMENT.

CONSTRUCTION
REMARKS
Authority shall also satisfied the

conditions precedent like
(a) procured the Right of Way to the site.
(b) procured
approval of the Railway authorities and
provide approval to construct road
overbridges/underbridges.
(c )
Environement Clearences. Within 6
months of the Appointed date or else has
to pay a Penalty 0.1% of Performance
security for each day delay to a maximu m
of 20% of Performance Security.

CONSTRUCTION
REMARKS
NHAI has to achieve Conditions

Precedent within 6 months of the
Appointed date or else has to pay a Penalty
0.1% of Performance security for each day
delay to a maximum of 20% of
Performance Security.
If not satisfied by the Authority shall

extend the date for Finacial Close, and also
pay penalty towards the same.
23.4 Termination of Appointement

The Authority may, in its discretion,
terminate the appointement of the
Independent Engineer at any time, but
after appointement of another Independent
Engineer.

CONSTRUCTION
REMARKS
Read same clause for insurance during

Operation Period.

CONSTRUCTION
REMARKS

CONSTRUCTION
ARTICLE 10
RIGHT OF WAY
Concessionaire shall complete all constructions before the

project completion day for which Right of Way is granted
90 days from the Appointed date.
Clause 10.3.5
Clause 10.4
Clause 10.6
Clause 10.8
SITE TO BE FREE
FROM
ENCUMBRANCES
SPECIAL/TEMPORA
RY RIGHT OF WAY
ADITIONAL LAND
FOR SIX LANING
The site shall be made availabl by the Authority to

Concessionaire from all Encumbrances at its own cost
expences with require applicable laws
The Concessionaire shall bear all cost and charges for any
special right of way required by it in connection with
project highway.
That means Construction Period can be further Reduced
One of the major risk of obtaining land free from

Emcumbrances. Take unpredictable time to acquire such
land.
May require some special way to access for querries or

any other resources and hance may come across with
many problems of land acquisition for the same.
The additional real estate required for the six laning shall be Land Acquisition is one of important criteria, if not
acquired and granted to the Concessionaire no later than
achieved shall pay penalty to the Concessionaire.
two years prior to the scheduled six laining date.
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
ARTICLE 11
UTILITIES,
ASSOCIATED
ROADS AND TREES
Clause 11.2
Clause 11.3.1
SHIFTING OF
OBSTRUCTING
UTILITIES
FELLING OF TREES
If delay in insturctions on such work may lead to delay in

pertiucular activitis involving such work. Since such
works need to carried out with the high precison
involves lot of risks.
The concessionaire shall allow for access to carry out work

for lying tephone lines, water pipes, electric cabales.
If the perticular Authority executing the work is if not

according to the specifications provided, good Quality
work can't achieved and may lead to problems in future
to Concessionaire. And also Delay in executing such
work may lead to delay in achieving the Project
Milestones
The Authority may by notice require the Concessionaire to

connect any adjoining road to the Project Highway, and
hence the connecting portion falling within the site shall be
mentained by the Concessionaire and construction cost will
be paid by the Authority.
Mentainance Cost has not been adressed in this

agreement and also need a clarification about the portion
falling outside the site and cost of execution of the
same.Shall it considered under change of scope
provision?
NEW UTILITIES AND

ROADS
Clause 11.3.2
Clause 11.4
Concessionaire with the assistance of the Authority may

undertake shifting of any utility including electric lines,
Water pipes and Telephone cabales to an appropriate
location if and only if such line have a material adverse
effect on the project highway.
Felling of trees shall be obligation of the Authority and cost

of such job will be borne by the Authority. Any delay in
project consequence of the above event Concessionaire
shall be Excused from such Delay obligation.
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
ARTICLE 12
CONSTRUCTION
OF THE PROJECT
HIGHWAY
Clause 12.1
Clause 12.2
OBLIGATION
PRIROR TO
CONSTRUCTION
MAINTENANCE
DURING
CONSTRUCTION
PERIOD
The Concessionaire shall submit the Authority and

Independent Engineer its detailed design, Construction
Methodology, Quality assurance certitificate etc., and it has
to make its own arrangements for quaryying under and
accordance with the applicable laws.
COMPLIANCE
Concessionaire should mentain existing highway at its own According to the Procurement of site provision the
cost for proper saftey operation.
concessionaire should take into account correct
inventory of the site with conditions of existing highway.
COMPLIANCE
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Clause 12.3
Concessionaire shall submitt the Drawing with required

It is risk on NHAI/ Independent Engineer because within
specifications and standards including field construction
15 days it shall give observations therin and hence 15
criteria. And within 15 dyas of submission, the Independent days considered to be less time to go through in deatail.
Engineer shall review the same. Otherwise the
Concessionaire can upon its own discreation and risk carry
out the work
DRAWING
The concessionaire shall complete the projetc milestones

within a period 90 days from the date set forth for such
Milestone.
Clause 12.4 .2
FOUR LANING OF
PROJECT HIGHWAY
Delay in acieving the project Milestones results into a

payment of penalty of 0.1% of amount of performance
security for each day delay to Authority untill such
Milestone is achieved
Consistent followup
for Better Approval
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Clause 12.5
Clause 12.6
Caluse 12.7
SIX LANING OF
PROJECT HIGHWAY
The concessionaire shall undertake the project Highway for

six laning as per the schedule-B and schedule-D, and if
Concessionaire fails to complete the project six laning
within the scheduled date, it shall pay to the Authority a sum
of 3% of Average daily Fee.
If project six laning is not completed on or before 12 th

Anniversary of the Appointed date than the Concession
period will deemed to 12 years and accordingly such 12
Termination for Failure anniversary shall be the Transfer Date.
After 8 th Anniversary the Authority at its cost undertake

construction of Service lanes as per standards of other
district roads(ODRs). It is the Obligation of the
Construction of Service Concessionaire to maintain the service lanes.
lanes
Extra Maintenance cost during Operation.
Provison for
Contigencies for
maintaining such
roads
ARTICLE 13
MONITORING OF
CONSTRUCTION
Clause 13.1
MONTHLY
PROGRESS REPORT
Within 7 days after close of each month shall submitt the

report on progress of construction works to Authority and
Independent Engineer.
COMPLIANCE
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Clause 13.3
Clause 13.4
TESTS
DELAYS DURING
CONSTRUCTION
For cofriming the Specifications and Standards the

Concessionaire shall carry out the tests with time specified
and agreed by the Independnt Engineer. The size of sample
for such tests shall normally comprise 10% of the quantity
and or number prescribed by IRC and/or MOSRTH.
COMPLIANCE
If Concessionaire does not achieve any project Milestone or

if Independent Engineer conceptulises by looking into the
progress mentained by the Concessionaire is not likely to be
achieved by the scheduled date. By notice it has to inform
concessionaire and within 15 days of date of notice
represent the plan of action taken by Concessionaire to
follow the correct schedule.
Careful Record
Maintening
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Clause 13.5
Delay in Contract Completion
Clause 13.5.1
SUSPENSION OF
UNSAFE WORKS
May leads to delay in project completion date. During

suspension the cost of mentaining the construction works
shall bare by the Concessionaire.
Clause 13.5.3
Clause 13.5.4.
Clause 13.6
If the suspension of Construction work is for reasonas not

attributable to the Concessionaire upon reccommendation
by the Independent Engineer the Scheduled date of the
project can be extended and also the Concession period
deemed to be extended by a period equal in length to the
period of extention of the scheduled four laning date.
The Concessionaire shall submitt the for every calender

quarter a compact disc of 3 hours, covering the status and
progress of Construction Works in that quarter.The first
video recording shall be submitted within 7 days of
Appointed Date and thereafter, no latter than 15 days after
VIDEO RECORDING the close of each Quater.
Construction Quality
and Progress
Adherence
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
The Authority upon recommendation by Independent

Engineer Suspend the work
( whole or any part of the
work) which threatens the saftey of the users and
pedestrians.
MITIGATION/RE
MEDIAL
MEASURES
Impact
Likelihood
RISK DESCRIPTION
Post Control
Score
KEY WORD
Likelihood
CLAUSE NO
Impact
Pre Control

CONSTRUCTION
Project will be Completed in Time
ARTICLE 14
COMPLETION
CERTIFICATE
Clause 14.1
Clause 14.3
TETS
PROVISIONAL
CERTIFICATE
The Independent Engineer may issue a provisional

certificate to Concessionaire and to operate Highway
commercialy into operation after completion of tests
successfully. But the remaining list of work will be included
in punch list items.
Consitent Followup
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
At least 30 days prior to the likely completion of the Project

Highway, the Concessionaire shall notify the Independent
Engineer of its intent to subject the Project Highway to
Tests.
MITIGATION/RE
MEDIAL
MEASURES
Impact
Likelihood
RISK DESCRIPTION
Post Control
Score
KEY WORD
Likelihood
CLAUSE NO
Impact
Pre Control

CONSTRUCTION
Clause 14.4
Clause 14.6
COMPLETION OF
PUNCH LIST ITEMS
Punch list items shall be completed within 90 days of the

issue of provisional certificate and for any delay other than
Force Majeure or Authority Default, has to pay lower of
0.1% of the performnace security or 0.2% of completing
such items. Which can further be extended to the period of
120 days.
If the independent Engineer certifies to the Authority and

the Concessionaire that it is unable to issue the completion
Certificate or provisional Certificate, as the case may be,
because of events or circumstences on account of which the
Tests could not be held or had to be suspended, the
Concessionaire shall be entilled to re-schedule the Tests and
RESCHEDULING OF hold the same as soon as reasonbly practicable
TESTS
ARTICLE 15
ENTRY INTO
COMMERCIAL
SERVICE
If COD does not occur prior to the 91 st day from the

Delay in COD not only leads to penalty but also carry
schedule Four-Laning Date, the Concesionaire shall pay
forward the revenues of the project.
damages to the Authority in an sum calculated at the rate
0.1% Performnace Security for delay untill COD achieved.
C or proposal for
extention of time with
reaasons
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
May Increase Period and Cost of Contractor
ARTICLE 16
CHANGE OF SCOPE
Clause 16.1
16.1.1, 16.2.2
CHANGE OF SCOPE
Synchronization of
additional activities
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
Any change of scope is agreed and for such change of scope

the Concessionaire has to expend his money and afterwards
reimbused by the Authority. If Concessionaire finds any
change from original scope he has inform Authority and
within 15 days receipt of such notice accept or reject the
scope with considerable reasons if agrees shall issue a
Change of Scope Order
MITIGATION/RE
MEDIAL
MEASURES
Impact
Likelihood
RISK DESCRIPTION
Post Control
Score
KEY WORD
Likelihood
CLAUSE NO
Impact
Pre Control

CONSTRUCTION
Any cost arising out of Change of Scope during

construction period shall be borne by the
Concessionaire,subject to a ceilling of 0.25% of the Total
Project Cost(TPC) any cost in excess of of the ceilling of
shall be reimbursed by the Authority. If Change of scope
order is less than the 0.25% of the TPC before Project
Completion Date than Difference thereof shall be credited
by the Concessionaire to the saftey fund within 180 days of
Project Completion Date.
Clause 16.3.2
The authority shall not require the Concessionaire to under

take any works or sevices if such works delay completion of
project four laning.
Clause 16.4.1
RESTRICTION ON
CERTAIN WORKS
Provision of 0.25% of
Total Project Cost as
special Contigency at
the time of Bidding
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Clause 16.6.1
ARTICLE 20
Clause 20.3
If the Concessionaire shall have failed to complete any

construction Work on account of Force Majeure or for
reasons attrituble to the Authority, the Concessionaire shall
pay 80% of the sum saved thereform. Upon payment, the
obligations of the Concessionaire in repect of such works
REDUCTION IN THE shall deemed to have been fulfilled.
SCOPE OF PROJECT
That means Profit Margin should not assumed more than

20% on any item.
TRAFFIC
REGULATION
The Concessionaire shall construct a police outpost Station

according to the state Goverenemet or a substitute thereof a
25 square meter of Plith area for each of the traffic Aid Post
Building for Traffic Aid and hand over them to the Authority not later than 30 days
prior to Scheduled Four Laning.
Posts
COMPLIANCE
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Clause 21.1, 21.2
Building for Medical

Aid Posts
For providing Emergency Medical aid during the Operation

Period, as set forth in this in this Agreement, the
concessionaire shall in accordance with the types designs
prescribed for such buildings by the state Medical
Depatement ( designed by Authority), constuct 2 residential
quaters within prior to scheduled six laning date.
ARTICLE 25
GRANT
The concessionaire is entitled to get an Equity Support as

specified in the bid and shall not exceed more than 20%
more than the Total Equity provided by the Concessionaire.
Clause 25.2
EQUITY SUPPORT
COMPLIANCE
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
EMERGENCY
MEDICAL AID
Score
ARTICLE 21
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Clause 25.3
ARTICLE 34
FORCE MAJEURE
Clause 34.5.1
Clause 34.5.2
DUTY TO REPORT
EVENT
Upon occurrence of a Force Majeure Event, the Affected

party shall by notice report such occurrence to other party.
(Refer clause 34.5.1)
Important for claiming Compensation
COMPLIANCE
Within 7 days of occuring of such event the Concessionaire

shall inform Authority the Material effect that the Force
majeure Event is likely to have on the performance of its
obligation.
Important for claiming Compensation
COMPLIANCE
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
O & M SUPPORT
The balance of the grant if any remaining after disbursement

of the Equity shall be disbursed to the Concesssionaire in
accordance with Clause 25.3.2. for meeting O & M
expences of the project.
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Clause 34.6.2
Clause 34.6.2
EFFECT ON
CONCESSION.
(a) Before the Project Completion Date: The concession

period along with the project completion dates shall be
extended by a period equal in length of the duration for the
IF OCCURES AFTER force majeure.
APPOINTED DATE
(b) After the Project Completion Date: The concession

period shall be extended by a period equal in length to the
period during which the concessionaire was prevented from
collection of fee . If partial there is any partial collection of
fee where the daily collection is less than 90% of the
Average Daily Fee , the Authority shall extend the
concession period in proportion to the loss of fee on a daily
basis.
Clause 34.7
ALLOCATION OF
COST
(a) Non political event

The parties
shall bear the respective Force Majerure cost
(b) Indirect political event
If
not exceding Insurance cover should be borne by
concessionaire, Extent it exceeds more than that one half
will be borne by the Authority
(c ) Political
Event
Reimbursed by the Authority
Incase of Non Political Event Concessionaire encounter

cost overrun from original scope, hence Financial
Crunch. Also ,Equity has not been addressed incase of
termination for Non Political event.
Incase of occurrence of any Indirect political event,
Since insurance firms take lot of time to compensate the
claimant therein, lead to financial crunch.
Insurance for NonPolitical event
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Clause 34.8
TERMINATION
NOTICE
Clause 34.9
TERMINATION
PAYMENT
If Force Majeure event exists for 180 days and more within
the continous period of 365 days, either of the party can
issue termination notice to the other by informing of such
intention and grant 15 days to make the representation.
(a) Non political event

Authority shall
make a payment equal to 90% 0f Dedt due less insurance
cover
(b) Indirect political event
Authority
shall make payment
(a) Dedt due less insurance
cover and, admitted and paid clamis, 80% Non paid claims
(b) 110% of the adjusted
equity
(c ) Political Event
Authority
shall pay
( a ) debt Due
( b ) 150 % Adjusted Equity
Termination
possibility
Incase of Non Political Event Concessionaire encounter

cost overrun from original scope, hence Financial
Crunch. Also ,Equity has not been addressed incase of
termination for Non Political event.Incase of occurrence
of any Indirect political event, Since insurance firms take
lot of time to compensate the claimant therein, lead to
financial crunch.
Suitable Insurance
Policy
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Concessionaire shall pay to the Authority all the direct costs

suffered or incurrred by the Authority in case of
concessionaire being in material default or breach of this
agreement.
Ambiguous Clause
Unlimited Risk
Authority shall pay to the Concessionaire all the direct costs

suffered or incurrred by the Concessionaire in case of
Authority being in material default or breach of this
agreement.
Ambiguous Clause
Opportunity
The Concession Period will be Extended equal in duaration

to the period by which the Project Completion Date was
delayed or the collection of Fee remained suspended.
Ambiguous Clause
Opportunity
ARTICLE 35:
COMPENSATION
FOR BREACH OF
AGREEMENT
Clause 35.1
Clause35.2
Clause 35.3
COMPENSATION
FOR DEFAULT BY
THE
CONCESSIONAIRE
COMPENSATION
FOR DEFAULT BY
THE AUTHORITY
EXTENSION OF
CONCESSION
PERIOD
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control

CONSTRUCTION
Ambiguous Clause
Clause 35.4
COMPENSATION
FOR COMPETING
ROADS
Opportunity
ARTICLE 36
SUSPENSION OF
CONCESSIONAIRE
RIGHTS
Clause 36.1
On occurance of the concessionaires default the Authority

shall be entitled to suspend all the rights of the
SUSPENSION UPON concessionaire and exercise the rights itself or authorise it to
CONCESSIONAIRE any other person.
DEFAULT
Avoidence
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
If additional tollway or a competing road is opened to traffic

or operated in breach of the agreement the Authority shall
pay to the Concessionaire Compensation in sum eqaul to the
difference between the realisable fee and the projected daily
fee until the breach is cured.
MITIGATION/RE
MEDIAL
MEASURES
Impact
Likelihood
RISK DESCRIPTION
Post Control
Score
KEY WORD
Likelihood
CLAUSE NO
Impact
Pre Control

CONSTRUCTION
Clause 36.4
SUBSTITUTION OF
CONCESSIONAIRE
The lenders repersentative is appointed on behalf of the

senior lenders to substitute the Concessionaire in case of
suspension.
LEADER/O ACTION BY
WNER
DATE
LAST
REVEIVED
Score
MITIGATION/RE
MEDIAL
MEASURES
Impact
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
CLAUSE NO
Post Control
Likelihood
Pre Control
TED WITH THE MODEL CONCESSION AGREEMENT.

CONSTRUCTION
REMARKS

CONSTRUCTION
REMARKS
The cost of such of such shifting shall be borne

by the Authority or the Entity owing such
Utility. The Concessionaire shall be excused
from its obligation if the delay in activities are
direct concequence of the Authority owing such
facilities.
Any damage casused by such use shall be

restored forthwith by Concessionaire and shall
not be rleieved from such obligation.
The felled tree shall be deemeed to be own by

the Authority.

CONSTRUCTION
REMARKS

CONSTRUCTION
REMARKS
If the observations of the Independent Engineer

indicate any changes if the Drawings are not
according to the Project Specifications, the
Concessionaire has to make changes
accordingly therein and should resubmitt and
within 7 dyas the Independent Engineer shall
give observations if any.
In the event if project four laining is not

completed within 270 days from the scheduled
date unless the delay is on account of reasons
attriburable to the authority or any Force
Majeure the Authority shall be entitled to
terminate this agreement.

CONSTRUCTION
REMARKS

CONSTRUCTION
REMARKS
The cost incurred on such test, half of the cost

shall be borne by the Authority. But the cost to
be incurred on any Test which is undertaken for
determining the rectification of any defect or
deficiency in construction shall be borne solely
by the Concessionaire

CONSTRUCTION
REMARKS

CONSTRUCTION
REMARKS

CONSTRUCTION
REMARKS

CONSTRUCTION
REMARKS
16.4.2 If the change of scope Orders to exceed

5% of the total project cost in any continous
period of 3 years immediately precending the
date of such Change of Scope Order or such
Cumulative cost exceeds 20% of the Total
Project Cost at any timeduring the Concession
Period

CONSTRUCTION
REMARKS
16.5.1 Power of Authority to undertake

works
The Authority after
considering the reply for work to be carried out,
shall be entitled to award such work to third
party by Competititve Bidding. Here the
Concessionaire given chance to match the first
ranked bid, but should make payment to the
Authority 2% of the bid amount.

CONSTRUCTION
REMARKS

CONSTRUCTION
REMARKS
It will be Disbursed only after the

concessionaire has expended the equity. It will
be realsed not later than 15 days of receiving a
request from the Concessionaire.

CONSTRUCTION
REMARKS
O & M support shall be disbused by the

Authority in Quarterly instalements and first
such instalement shall be released within 90
days of the project completion date.
Loss of 25% in collection of fee as compared to

the Average Daily Fee for four days shall entitle
the Concessionaire to extention of one day in
the Concession Period.

CONSTRUCTION
REMARKS
This Clause holds good during
O&M
For the avoidence of the doubt, Force Majeure

costs may include interest payments on debt, O
& M Expences, any increase in the cost of
construction works on account of inflation and
all other costs directly to the Force Majerure
Event, but shall not include loss of Fee revenues
or debt repayment obligations.

CONSTRUCTION
REMARKS
Same Clause holds good during Operation and

Maintainence

CONSTRUCTION
REMARKS

CONSTRUCTION
REMARKS

CONSTRUCTION
REMARKS
RISKS AND THERE MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.
OPERATION & MAINTENANCE
COMPLIANCE
The Concesionaire shall mentain the all the works

during Operation as per the Schedule k mentioned in
this agreement.
MAINTENANCE
MANUAL
No later than 180 days prior to the scheduled date,

with consultation with the Independent Engineer
shall submitt a repaire and maintenance manual for
regular and periodic maintenance.
MAINTENANCE
PROGRAM
Before beginning a new accounting year no later than

45 days shall submitt a praposed annual program of
preventive urgent and other scheduled maintenance
to comply with the mentainence requirements.
Clause 17.4.1
Clause 17.4.2
Clause 17.5
Clause 17.5.1
Within 15 days of recipt of the maintenace program, Delay in Approval will lead to
the independent Engineer shall review the same and
Delay in Execution
convey its comments to the Concessionaire.
Make sure to get in

Time
During unsafe conditions like lane closure,

Diversions, Vehicle breakdowns and Accidents, the
concessionaire shall follow relevent operating
procedures setting up the temporary traffic cones,
removle of obstruicting debris etc.,
Manpower required
Saftey,Vehicle breakdown
and Accidents
May lead to adverse public
Opinion
Score
Binding Commitement
MAINTENANCE
REQUIREMENT
Impact
COMPLIANCE
Clause 17.2
Score
Lead to Dispute and penalties
OPERATION AND
MAINTENANCE
Impact
ARTICLE 17
Clause 17.3
Post Control
MITIGATION/REM LEADER/OW ACTION BY
EDIAL MEASURES
NER
DATE
RISK DESCRIPTION
Likelihood
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 17.5.2
Clause 17.6

opinion
Manpower required

opinion
Manpower required
LANE CLOSURE
The Concessionaire shall close the project High way

on time agreed by the Independent Engineer and
within which he has repaire the same, or else wiil be
entitled to pay a penalty as mentioned.
If concessionaire want to Close any part of the

Highway thereof for Maitainence or repaire, shall
inform Authority (Independent Engineer) Before 7
days of such closure and within 3 days of receiving
such Application shall approve a grant.
Concessionaire shall not close any lane for a period

not exceeding 2 hours in a day at any time of the day
and 6 hours in a day at a time specified by the
Independent Engineer during off peak hours.
Clause 17.7.2
Careful Record
Maintening
In the event of delay in

reopening of the Closed lane
the Concessionaire has to pay
a damage of an amount 0.1%
of the Average Daily Fee for
every strech of 250meter
COMPLIANCE
Score
Any unpreditable event may happen and lead to a

adverse effect to project Highway. It involveso extra
cost to repair such unpredictable events.
Impact
Manpower required
Score

opinion
Impact
The Concessionaire shall responsible for rescue

operations on the Project Highway limited to promt
removal of vehicles or debris and it shall also
maintain one mobile Crane having the capacity to lift
a truck with a Gross vechicle Weight of 15,000
kilograms.
The Concessionaire shall re-commission the Project

Highway or affected part thereof as quickly as
posssible, but who will bare Extra cost for repair?
Need to be addressed.
17.6.2.
Clause 17.7.1
De-commissioning due to
Emergency
17.6.1
Clause 17.7
Post Control
EDIAL MEASURES
NER
DATE
RISK DESCRIPTION
Likelihood
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 17.8
If Concessionaire fails to mentain Project Highway

according to the Maintenance Manual or Program the
Authority have Right to take remedial measures.
Same conditions holds good when Concessionaire
fail to commence the remedial work within 15 days
of receipt of O & M
The Authority shall upon

termination will carry out the
Remedial measures on
concessionaire cost, and also
above this to recovery of the
aforesaid cost, a sum equal to
20% of such cost shall be paid
by the Concessionaire to
Authority.
COMPLIANCE
Overriding Powers
Avoidence
Create Financial harm for

Unlimited Finacial Liability
Proper Insurance
Authority Right to take

remedial measures.
17.9.1
Clause 17.10.1
Clause 17.11
If any breach by the Concessionaire during operation

period and such breach to cause any material
hardship or danger to the user, the Concessionaire
should take remedial measures or else the Authority
Overriding powers of the in its Obliagtion take initiative to rectify such
meterial hardship and recover cost from the
Authority
Concessionaire in future.
Restoration of loss
The Concessionaire shall maintain at its own cost any

loss or damage to project Highway during the
Concession Period .
Score
COMPLIANCE
Impact
Financial Risk Involved
Score
If Concessionaire shall not carry out the required

remedial measures within the time specified therein,
it will consider as breach of this agreement and
Concessionaire shall pay damages for breach higher
of 0.5% of average daily Fee or 0.1% of cost of such
rectification
Impact
Damages for breach of

maintenance obligation
Clause 17.8.1
Clause 17.9
Post Control
EDIAL MEASURES
NER
DATE
RISK DESCRIPTION
Likelihood
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 17.13
ARTICLE 18
Clause 19.1
Clause 19.2
Proper maintenance of
Record
For securing the saftey of the users the

Concessionaire has to carry out the safety
requirements set forth in Schedule-L
COMPLIANCE
The Authority shall appoint an Experienced

organization as Safety Consultant for carrying out
safety audit of the Project Highway accordance with
the safety requirements
COMPLIANCE
During operation period, the Concessionaire shall no

later than 7 days shall submitt the Monthly status
Expenditure on Safety report to Authority and independent Engineer about
the condition of the Project Highway.
Requirements
COMPLIANCE
MONITORING OF
OPERATION AND
MAINTENANCE
Monthly Status Report
Inspection
During operation period, the Concessionaire shall no

later than 7 days shall submitt the Monthly status
report to Authority and independent Engineer about
the condition of the Project Highway.
Independent Engineer shall inspect the Project

Highway atleast once month and submitt O & M
inspection Report within 7 days of such inspection,
stating in reasonable detail Deficiences or defects
According to Maintenance Manual, Maintenance
Program to Authority.
COMPLIANCE
Finacial Liability
Proper record
maintenance by
Concessionaire
Score
Impact
Likelihood
Score
Post Control
EDIAL MEASURES
NER
DATE
SAFETY
REQUIREMENTS
Clause 18.1.2
ARTICLE 19
The Concessionaire shall not considered in breach of

its obligations under this Agreement if any Project
Excuse from performance Highway is not available to traffic on account of any
an event of Force Majeure, Complaience with a
of obligations
request from the Authority.
Clause 18.1.1
Clause 18.2
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 19.3
Clause 19.4
Clause 19.5
ARTICLE 20
Clause 20.4
ARTICLE 21
Clause 21.3
ARTICLE 22
Tests
Remedial measures
Monthly Fee Statement
The Concessionaire shall carry out the Tests specified

therein in accordance with Good Industrial practice
to determine wether Project Highway conforms to
maintenance Requirements with due deligence, and
one half of the cost incurred on such tests shall be
reimursed by the Authority.
The Concessionaire shall rectify the Defects

mentioned in O & M inspection report within 15 days
of receiving such report.
During the Operation period, the Concessionaire
shall furnish to Authority, within 7 days of
completion of each month, a statement of Fee
substantially in the form ste forth in schedule-M
TRAFFIC
REGULATION
Before the Scheduled Four Laning Date, the
Concessionaire shall provide to the State Police
Recurring Expenditure on Depatement one jeep in good Working Condition for
Police assistence
round the clock patrolling.
EMERGENCY
MEDICAL AID
The Concessionaire shall bear the cost for

maintaining One ambulance in good condition along
Recurring Expenditure on with Chauffeurs. The Concesssionaire Shall
reimburse the cost incurred by the State
Medical Aid Posts
Goverenement to maintain the Medical Equipments
etc.
TRAFFIC CENSUS
AND SAMPLING
COMPLIANCE
Termination Risk
COMPLIANCE
COMPLIANCE
Score
Impact
Post Control
EDIAL MEASURES
NER
DATE
Likelihood
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 22.2
Traffic Survey
Clause 22.3
Traffic Sampling
22.3.1
ARTICLE 26
Clause 26.1
Clause 26.2
ARTICLE 27
The Authority may require the Concessionaire to

conduct, during each year the Concession period a
detailed traffic survey at frequency and on such days
as the Authority may Specify.
Any wrong information

provided by the
Concessionaire about the
traffic may lead to dispute.
Very important
Authority shall have rigtht to inspect the relevent

records of the Concessionaire. It can also at its own
cost may undertake traffic survey no case less than a
continous period of 7 days.
Careful cross checking
Convince Client,
Defecient Traffic is
Seasonal
The Concession fee payable until the 10 th

anniversary of the Appointed Date shall be Re.1 per
annum. The concession Fee for the 11 th Year and 12
year shall be equal to 2% and 3% repectively of the
total Relisable Fee for the respective years.
The Concessionaire shall be

entitled to refund the 25% of
Concession Fee payable under
this clause if the Concession
Period modified and restricts
to 12 years with the provisons
of Clause 3.2.2 or clause 30.2
COMPLIANCE
COMPLIANCE
CONCESSION FEE
Concession Fee
The Concession Fee payable under the Provisions of

clause 26.1 shall be due payable in monthly
instalements Within 7 days of the close of each
month, the Concessionaire shall pay to the Authority
Payment Of Concession Against the Concession Fee a provisional amount
calculated on the basis of total Reliasable Fee of the
Fee
immediately preceding month.
USER FEE
COMPLIANCE
Score
Impact
Post Control
EDIAL MEASURES
NER
DATE
Likelihood
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 27.2
Clause 27.6
Clause 27.10
Clause 27.12.3
In the event that the avereage daily traffic of PCUs in

any accounting year Exceeds 120 % , the extra
Reappropriation of excess revenue collected from such event shall be due and
Fee
payble to the Authority.
Display of Fee rates
Overloaded vehicles harm the Project Highway

causing wear and tear of the Highway which results
in frequent maintenance which in return adds to the
maintenance cost to the Concessionaire. Overloaded
vehicles are more prone to accidents which leads to
damages to the highway, resulting into traffic
congestion and providing measures for clearing the
same.
The Concessionaire shall not revise, display or

colleect any amounts in excess of the rates of Fee
payable under the Fee Notification or else if
collected, by notice provided by the Authority refund
the same amount with damages equal to 25% tereof
Carefull classification of
Income
COMPLIANCE
Additional Reciepts
Carefull Recording
COMPLIANCE
Score
Impact
Likelihood
Post Control
EDIAL MEASURES
NER
DATE
If there is a high variation in

WPI for particular months,
Concessionaire shall require to
spend more money on O & M
expenses because of increase
in commodity values including
Fuels.More Cash outflows on
O & M expenses than
estimated.
Revision of Fee
Additional Fee for

overloaded vehicles
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
ARTICLE 28
REVENUE
SHORTFALL LOAN
Clause 28.1.2.
Clause 28.2
ARTICLE 29
If Concessionaire shall fall short of Relaisable Fee in

any accounting year incase of any political, non
political or Authority Default, the Authority shall
provide Concessionaire a revenue shortfall loan with
interest rate equal to 3% above the Bank Rate.
Authority has taken risks to

suuport the Concessionaire,
incase of revenues and it has
to bare the risk of interest
rates, if the interest rates fall
considerably.
Intimation to Client
If half yearly results of the concessionaire fall short

than predicted for end of ecah Accounting year for
continous period of 6 months thereof, the
concessionaire shall be entitled to a provisional
revenue short fall loan.
Within 60 ays after th eclose

of such Accounting Year, the
Concessionaire shall either
repay the proviosional loan
with interest or adjust it
against the revenue Shortfall
Laon.
COMPLIANCE
The concessionaire shall pay Revenue Short fall with

Only incase of Indirect
interest, not later than one year prior to the expiry of
Political Event, a Political
Repayment of Revenue the Concession period else lead to Termination of the Event or an Authority Default,
Agreement.
the Concessionaire can cliam
Shortfall Loan
for loan.
EFFECT OF
VARIATION IN
TRAFFIC GROWTH
COMPLIANCE
Score
Impact
Post Control
EDIAL MEASURES
NER
DATE
Likelihood
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
For every 1% shaortfall of Trafffic than the targeted

Traffic the Concessione shall be increased by 1.5%
thereof but in any case shall not exceed 20% more
than the actual concessione period, and incase 1%
excess the Concessiona period shall be reduced by
0.75% provided such a reduction shall not exceed
10% of the Actual Concession period.
Clause 29.2
ARTICLE 30
Modification in the
Concession
Modification of
Concession period
Clause 30.3
Revision of Concession
fee
ARTICLE 31
During Operation if such case

persists than and in mean time
if ther is high infltion rate than
Concessionaire has to expend
more money on the O & M
expences,by consisedring the
fact of less revenues hence
may be a major risk.
COMPLIANCE
Minimum Fee for

Additional Tollway
ESCROW ACCOUNT
If additional Tollway is proposed to be opened to

traffic, shall inform Authority within 8th Anniversary.
Of the Appointed date and require Concessionaire not
take project for six laning and operate the project
four laning fro a concession period of 12 years.
Intimatio to Client
same as clause 26.1
Any class of vehicles using Additonal Tollway shall

at no times be less than 25% higher than the Fee
levied and collected from similar vechicles using the
project Highway
COMPLIANCE by
client
Score
Impact
Likelihood
Post Control
EDIAL MEASURES
NER
DATE
CONSTRUCTION OF
ADDITIONAL
TOLLWAY
Clause 30.2
Clause 30.5
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 31.3
ARTICLE 32
Clause 32.1
Clause 32.4
ARTICLE 33
Clause 33.1.1
Withdrwals upon
Termination
On account of Termination the various obligations

shall be appropriated in the following order.
(a) all taxes and payable by the
Concessionaire
(b) 90% of
Debt due excluding Subordinated Debt.
( c ) Outstanding Subordinated Debt. (d)
incurred or accrued O & M Expences.
COMPLIANCE
The Concessionaire shall maintain at its own cost

during the Construction Period and the Operation
Period, for maximum sums as may be required under
the Finacing Agreements, and under Applicable laws.
COMPLIANCE
INSURANCE
Insurance during
Concesssion Period
Remedy for failure to

Insure
If the Concessionaire shall fail to effect and keep in

force all insurances for which it is responsible. Incase
of any lapses the Authority shall make a payment of
premium and recover from Concessionaire the
premium amount therein.
ACCOUNTS AND
AUDIT
The Concessionaire shall within 60 days of close of
accounting year, provide 2 copies of Balace Sheet,
and profit and Loss Account, along with report
thereon by its Statutory auditos.
In the event of Computation of

a Termination Payment, Treat
an amount equal to the
Insurance Cover as deemed to
have been received by the
Concessionaire.
Score
Impact
Post Control
EDIAL MEASURES
NER
DATE
Likelihood
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 33.1.2
Clause 33.1.3
Clause 33.3
ARTICLE 37
Clause 37.1
Clause 37.1.2
Certification of Claims
The Concessionaire shall within 30 days of close of

each quarter of an Accounting year, furnish to the
Authority its unaudited financial results in a mnner
prescribed by the SEBI for publication of quarrterly
results by the companies listed on a stock exchange
COMPLIANCE
On or before the thirty firsr day of May each Year,

the Concessionaire shall provide the Authority a
statement duly audited by its Statutory Auditors
giving summarised information on, (a) The traffic
count for each category of vehicles (b) Fee charged
and received, Relisable Fee and other revenues ( c )
Any other information as the Authority may
reasonably require.
COMPLIANCE
Any claims or documents to be submitted by the

Concessionaire shall valid and effective only if
certified by its Statutory Auditors.
COMPLIANCE
Termination
The Concessionaire is deemed to be in default of the
agreement if it fails to cure the default within the
Cure period of 60 days. ( Reffer Clause 37.1)
Termination Risk
Upon occurrence of Concessionaire Default, the

Authority shall be entitled to issue Termination letter,
and within 15 days the Concessionaire shall make a
representation otherwise the Contract shall
Terminate.
Termination Risk
Termination for
Concessionaire Default
Score
Impact
Post Control
EDIAL MEASURES
NER
DATE
Likelihood
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 37.1.3
Clause 37.2.2
Clause 37.3
Even the Concessionaire shall Terminate the Contract

on Authority Default and grant 15 days for
representation
Termination Risk
On account of the Concessionaire Default during the

operation period the Authority shall make a
termination payment to the concessioanire in an
amount equal to sum of 90 % of Debt Due less
Insurance cover and 80 % of insurance claims which
are forming part of the Insurance cover which are not
admitted or paid.
Adjusted Equity will be set in

the manner to reflect the
change in its value on account
of depreciation and variation
in WPI. .Also, here might be
less variation in WPI but
Depreciation percentage is
fixed and hence if percentage
of variation is less than the
depreciation percentage
Adjusted Equity Diminishes
over several year.
Termination Payment
37.3.1
Avoidence
Avoidence
37.3.2
On account of the Authority default the authority

shall pay to the concessionaire an amount equal to the
sum of Debt due and 150 % of the adjusted equity.
Avoidence
37.3.3
Termination payment shall be done by the Authority

within 15 days and shall pa y intersest rate 3% above
the bank rate in case of delay.
Score
Termination Risk
Impact
The Authority shall hold Termination for a period of

180 days, if within 15 days of issuing a termination
notice to senior lenders and, if the Lender
Representative on behalf of senior lenders willing to
substitute the Concessionaire in accordance with
Substitution Agreement.
Post Control
EDIAL MEASURES
NER
DATE
Likelihood
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 37.4
ARTICLE 38
DIVESTEMENT OF
RIGHTS AND
INTEREST
Clause 38.1
Divestement requirements
Clause 38.2
Inspection and Cure
Clause 38.3
Vesting Certificate
Clause 38.5
Divestement Cost
ARTICLE 39
Clause 39.1
Unavoidence
Fro detail Refer Clause 38.1

Independent Engineer inpresence of Concessionaire
representative verify complaiance by the
Concessionaire with maintenance requirements, if
any shall be cured by the Concessionaire at its own
cost and hence provisions of Article 39 apply.
Careful Record
Maintening
The divestement of all rights, title and interest in the

Project Highway shall deemed to be complete when
divestement requirements have been fullfilled and
hence Authority shall issue a certificate substantially
in the form set forth in schedule-U
Careful Record
Maintening
The Concessionaire shall bear and pay all costs

incidental to divestement
Careful Record
Maintening
DEFECTS LIABILITY
AFTER
TERMINATION
The Concessionaire shall be responsible for all the
defects and deficiencies in the project Highway for a
liability for Defects after peeriod of 120 days after termination and shall have
the obligation to repair or rectify all the defects and
Termination
deficiencies at its own cost.
COMPLIANCE
Score
Impact
Post Control
EDIAL MEASURES
NER
DATE
Likelihood
Other rights and

obligations of the
Authority.
Upon termination the Authority shall have rights to :

To take possesion and
control of the project highway. To take possesion and
control of all materials , stores , implements ,
construction plants and equipments of the site.To
restrain concessionaire from entering into the site.
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 39.2 .1
Retention in Escrow
Account
Clause 39.2.2
ARTICLE 41
Clause 41.1
Clause 41.2
Reductio in Cost
ARTICLE 44
DISPUTE
RESOLUTION
COMPLIANCE
If the Independent Engineer after inspection between

210 and 180 days prior to the Termination
reccomends the insufficency of the amount as per
clause 39.2.1, the amount recommended by the
Independent Engineer shall be retained in the Escrow
Account fro period specified by it.
COMPLIANCE
If Concessioanire suffers reduction in net after tax

return or other financial burden and the agreegate
financial effect which exceeds the higher of Rs.1
crore and 0.5% of the Realisable Fee in any
Accounting year, the Concessionaire may notify the
Authority and propose amendements to this
agreement so as place the Concessionaire in same
financial position.
If Concessioanire suffers increase in net after tax

return or other Financial gains and the agreegate
financial effect which exceeds the higher of Rs.1
crore and 0.5% of the Realisable Fee in any
Accounting year, the Concessionaire may notify the
Authority and propose amendements to this
agreement so as place the Concessionaire in same
financial position.
Score
Impact
Likelihood
Post Control
EDIAL MEASURES
NER
DATE
The Concessionaire shall maintain 5 % of the total

Reliasble Fee for year immediately preceding the
Transfer date in Escrow Account for a period of 120
days.
CHANGE IN LAW
Increase in Cost
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
Clause 44.1.1
Clause 44.2
Mediation
Conciliation
Clause 44.3
Arbitration
ARTICLE 46
REDRESSAL OF
PUBLIC
DRIEVANCES
Clause 46.1
Complaints Register
Clause 46.2
Redressal of Complaints
Clause 46.2.1
Clause 46.2.2
For any dispute arising between Concessionaire and

Authority first they resolve such dispute amicably in
accordance with Concilation procedure.
If dispute is not setteled by Mediation, both the

parties within 7 days shall meet, and if meeting does
not take place within 7 days, or the dispute is not
settled within 15 days of the meeting or not resolved
within 30 days as evidenced by the signing of written
terms mentioned in clause 44.1.1 either party may
refer to arbitration.
Any dispute which is not resolved amicably by

conciliation,finally decided by a Board of Arbitrators
appointed, it will be carried out according to Rules of
Arbitration of the International Center for Alternative
Dispute Resolution. The venue of such arbitration
shall be Delhi.
The Concessionaire shall maintain well bound

Register with page numbers, date, name, address
columns to right a complaint by users.
COMPLIANCE
The Concessionaire shall inspect the Complaint

register every day and take prompt and reasonable
action for redressal.
COMPLIANCE
Within 7 days of the close of each month, the

Concessionaire has to send photocopies of each page
of Complaint Register and Authority may in its
discreation may suggest any remedial measures for
Complaints registred by Users
COMPLIANCE
Score
Impact
Post Control
EDIAL MEASURES
NER
DATE
Likelihood
Score
RISK DESCRIPTION
Impact
KEY WORD
Likelihood
Pre Control
CLAUSE NO
LAST
REVEIVED
ATED WITH THE MODEL CONCESSION AGREEMENT.

I
ON & MAINTENANCE
REMARKS

I
ON & MAINTENANCE
REMARKS
In the event of delay in

reopening of the Closed lane the
Concessionaire has to pay a
damage of an amount 0.1% of
the Average Daily Fee for every
strech of 250meter

I
ON & MAINTENANCE
REMARKS
The Authority shall upon

termination will carry out the
Remedial measures on
concessionaire cost, and also
above this to recovery of the
aforesaid cost, a sum equal to
20% of such cost shall be paid
by the Concessionaire to
Authority.

I
ON & MAINTENANCE
REMARKS

I
ON & MAINTENANCE
REMARKS

I
ON & MAINTENANCE
REMARKS
The Concessionaire shall be

entitled to refund the 25% of
Concession Fee payable under
this clause if the Concession
Period modified and restricts to
12 years with the provisons of
Clause 3.2.2 or clause 30.2

I
ON & MAINTENANCE
REMARKS

I
ON & MAINTENANCE
REMARKS
Authority has taken risks to

suuport the Concessionaire,
incase of revenues and it has to
bare the risk of interest rates, if
the interest rates fall
considerably.
Within 60 ays after th eclose of

such Accounting Year, the
Concessionaire shall either repay
the proviosional loan with
interest or adjust it against the
revenue Shortfall Laon.
Only incase of Indirect Political

Event, a Political Event or an
Authority Default, the
Concessionaire can cliam for
loan.

I
ON & MAINTENANCE
REMARKS
Clause 29.2.3
If Average dialy traffic of PCUs
in any accounting year shall
Exceed the designed capacity of
the Project Highway and shall
continue to Exceed the Designed
capacity for 3 Accounting years,
Authority in its discretion may
terminate this Agreement by
considering an Indirect Political
Event shall be deemed to have
occured.
For example If the Aditional

tollway is opened on 17 th
annivesary, theConcession
Period shall be deemed to be 23
years

I
ON & MAINTENANCE
REMARKS
Read in concern with the Clause

no, 31.4
Same Clause is appliacable for

insurance policies during
Construction Period.
In the event of Computation of a

Termination Payment, Treat an
amount equal to the Insurance
Cover as deemed to have been
received by the Concessionaire.

I
ON & MAINTENANCE
REMARKS
37.2 Termination forAuthority

Default
The Authority
is deemed to be in default of the
agreement if it fails to cure the
default within the Cure period of
90 days.
( Reffer Clause
37.2)

I
ON & MAINTENANCE
REMARKS

I
ON & MAINTENANCE
REMARKS

I
ON & MAINTENANCE
REMARKS
Within 30 days of notice both the

parties shall meet and agree on
amendements to this agreement.
If the agreement not reached
within 90 days the
Concessionaire shall pay an
amount that it would have been
enjoyed had there been no such
change in Law.
Within 30 days of notice both the

parties shall meet and agree on
amendements to this agreement.
If the agreement not reached
within 90 days the
Concessionaire shall pay an
amount that it would have been
enjoyed had there been no such
change in Law.

I
ON & MAINTENANCE
REMARKS

Risk and There Mitigations Associated With MCA - 03

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RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

Concessionaire has to satisfy Conditions

On the date of this Agreement the Consortium

Concessionaire should pay for the performance of

Clause No. 4.1.2.

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

Prior to the Appointed date the Authority shall

Unnecessary Dispute and Project Delay

Additional land required for toll plazas, medical

If not, approvals will be delayed

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

The renumeration, cost and expences of the

The Concessionaire shall achieve Finacial Close

If Finacial close is not Achievable within time

The Concessionaire shall, prior to the Appointed

Not later than 45 days prior to commencement of

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

Evidence of Insurance Within 15 days of obtaining any insurance cover,

If Force Majeure event occurs prior to the

COST ALLOCATION Upon occurrence of any Force Majeure event

D WITH THE MODEL CONCESSION AGREEMENT.

Authority shall also satisfied the

D WITH THE MODEL CONCESSION AGREEMENT.

NHAI has to achieve Conditions

If not satisfied by the Authority shall

23.4 Termination of Appointement

D WITH THE MODEL CONCESSION AGREEMENT.

Read same clause for insurance during

D WITH THE MODEL CONCESSION AGREEMENT.

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

Concessionaire shall complete all constructions before the

The site shall be made availabl by the Authority to

That means Construction Period can be further Reduced

One of the major risk of obtaining land free from

May require some special way to access for querries or

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

If delay in insturctions on such work may lead to delay in

The concessionaire shall allow for access to carry out work

If the perticular Authority executing the work is if not

The Authority may by notice require the Concessionaire to

Mentainance Cost has not been adressed in this

NEW UTILITIES AND

Concessionaire with the assistance of the Authority may

Felling of trees shall be obligation of the Authority and cost

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

The Concessionaire shall submit the Authority and

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

Concessionaire shall submitt the Drawing with required

The concessionaire shall complete the projetc milestones

Delay in acieving the project Milestones results into a

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

The concessionaire shall undertake the project Highway for

If project six laning is not completed on or before 12 th

After 8 th Anniversary the Authority at its cost undertake

Extra Maintenance cost during Operation.

Within 7 days after close of each month shall submitt the

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

For cofriming the Specifications and Standards the

If Concessionaire does not achieve any project Milestone or

RISKS AND MITIGATION ASSOCIATED WITH THE MODEL CONCESSION AGREEMENT.

Delay in Contract Completion

May leads to delay in project completion date. During

If the suspension of Construction work is for reasonas not