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(a) At page-6 of the agreement, "Construction Defects Liability Period" is defined as a period of 12 months commencing from the date stated in the Taking Over Certificate and ending upon the issuance of Maintenance Certificate.

(b) At page-7, "Independent Consultant" means the independent engineer appointed in accordance with the Concession Agreement (i.e. tripartite agreement). On the same page the term "liability" includes all claims damages, expenses, fines and penalties.

(ii) To carry out the works so that the facility may be fully, efficiently, economically and safely used, operated and maintained.

(iii) To operate and maintaining the existing roads.

(iv) To maintain the facility during the Construction Defects Liability Period.

(e) At page-24, it is the appellant's liability to provide all equipments necessary for the works and to bring such equipments to the project sites.

(f) At page-25, it is the obligation of the appellant-company to take and ensure all safety precautions.

(j) At page-39, it is stipulated that the appellant shall be solely responsible for carrying out and completing the maintenance work during the Construction Defects Liability Period and maintain technical requirements and performance standards.

(k) At page-48, the appellant-company is to bear all risks or losses or damages to the work or any part thereof till the date of issue of Maintenance Certificate.

(l) At page-51, it is the responsibility of the appellant-company to get the works insured.