FOUR LANING OF PUNE TO SOLAPUR SECTION OF NH 9 IN MAHARASHTRA UNDER NHDP PHASE-III ON BOT (TOLL) BASIS FROM KM 93.700 to KM 144.400 CONSTRUCTION CONTRACT BETWEEN PUNE SOLAPUR EXPRESSWAYS PRIVATE LIMITED AND Orientat Structural Engineers Private Limited DATE: 10" November 2009“faee DELHI a CONTRACT AGREEMENT ‘ THIS CONTRACT AGREEMENT (“Contract Agreement”) is made this 10” day ot November 2098 at Delhi PYNE SOLAPUR EXPRESSWAYS PRIVATE LIMITED, a company registered uii’er the Companies Act, 1956 and having its registered office at Jeevan Bharati, Tower 1, 10th Floor. Capnaught Circus, New Dethi- 110 001 (hereinafter referred to as the “Fanployer” expression shall, unless it be repugnant to the subject or context thereof. include its'successor lvapsterees and assigns: AND a Oriental Structural Engineers Private Limited, a company incorporated under the Companies Act, 1956 (heveinafter referred to as the “Contractor” which expression shail inchide its successors ong permitted assigns) having its registered office at 21, Commercial Complex. Maicha Marg, Diplomatic Enclave, New Delhi. India (eich of the parties centioned above, are hereinafter collectively referred to as the “Parties and -ngividully 4s a“Party”) RECITALS ‘“ The National Highways Authority of India (*NHAI") and the Employer Have entered into a at 2 #780313@B) © () (E) ®) © (Hh) @ the Concession Agreement dated May 19, 2009 (hereinafter referred to as the “Concession Agreement”) pursuant to which NHAI has granted to the Employer the concession for augmenting and widening to four lanes of existing 2 lane road from Km 40.000 to Km 144.400. on the Pune — Solapur Section of National Highway No. 9 in the State of Maharashtra and operation and maintenance thereof on a design, build, finance, operate and transfer basis in accordance with the provisions of Concession Agreement including all ‘works relating to as per the terms of the Concession Agreement (“Project”) In this respect, the Employer wishes to appoint the Contractor to execute the Works involving the construction and augmenting of existing 2 lane road to four lanes fom Km. 93.700 to Km 144.400 on the Pune ~ Solapur Section of National Highway No. 9 in the State of Maharashtra and other facilities as detailed in the Scope of Work The Contractor has represented and warranted (and continues to represent and warrant) that it has the experience, expertise, capability and know-how to ensure that the Works are executed and completed in accordance with the terms of the Contract in a safe and environmentally responsible manner Relying upon the fepresentations and warranties of the Contractor, the Employer hereby appoints the Contractor to execute the Works, and the Contractor agrees to carry out and complete the Works and remedy any defects therein, on the terms and conditions of the Contract (as defined hereinafter) The Contractor acknowledges that in addition fo the obligations under the Contract, the Works would also have to comply with the provisions of the Concession Agreement and directions fiom NHAI in this respect and that it is of paramount importance that the Contractor undertakes the Works such that the Employer is not in breach of any such obligations under the Concession Agreement pertaining to the Works The Contractor acknowledges that Employer has entered into or will enter into other contracts with other contractors and/or patties for components of the Project other than the ‘Works contemplated in the Contract and that itis of paramount importance that the works ot the part specified thereof (as the case maybe) are fully and completely co-ordinated with the Works in view of their concurrent and sequential nature The Contractor also acknowledges that the Project Highway is an operating road and users would continue to use the same during the performance of the Works. The Contractor acknowledges that it will carry out the Works in a manner so as to minimize any inconvenience to users and enable the Employer to meet Concession Agreement requirements during such performance. This Contract Agreement has been executed and delivered in accordance with the laws of India. The terms and conditions of this Contract have been fully negotiated between the Employer and the Contractor as paities of competent capacity and equal standing