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Development of Rajiv Gandhi Dry Port and ... - Port of Chennai

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<strong>Chennai</strong> <strong>Port</strong> Trust<br />

enter into the Concession Agreement <strong>and</strong> subsequently perform<br />

all the obligations <strong>of</strong> the Concessionaire in terms <strong>of</strong> the<br />

Concession Agreement, in case the concession to undertake the<br />

Project is awarded to the Consortium;<br />

(ii) clearly outline the proposed roles <strong>and</strong> responsibilities, if any, <strong>of</strong><br />

each member ;<br />

(iii) commit the minimum equity stake to be held by each member ;<br />

(iv) commit that each <strong>of</strong> the members, whose experience will be<br />

evaluated for the purposes <strong>of</strong> this RFQ, shall subscribe to 26%<br />

(twenty six per cent) or more <strong>of</strong> the paid up <strong>and</strong> subscribed equity<br />

<strong>of</strong> the SPV <strong>and</strong> shall further commit that each such member shall,<br />

for a period <strong>of</strong> 2 (two) years from the date <strong>of</strong> commercial operation<br />

<strong>of</strong> the Project, hold equity share capital not less than; (i) 26%<br />

(twenty six per cent) <strong>of</strong> the subscribed <strong>and</strong> paid up equity share<br />

capital <strong>of</strong> the SPV; <strong>and</strong> (ii) 5% (five per cent) <strong>of</strong> the Total Project<br />

Cost specified in the Concession Agreement;<br />

(v) members <strong>of</strong> the Consortium undertake that they shall collectively<br />

hold at least 51% (fifty one per cent) <strong>of</strong> the subscribed <strong>and</strong> paid<br />

up equity <strong>of</strong> the SPV at all times until the second anniversary <strong>of</strong><br />

the commercial operation date <strong>of</strong> the Project; <strong>and</strong><br />

(vi) include a statement to the effect that all members <strong>of</strong> the<br />

Consortium shall be liable jointly <strong>and</strong> severally for all obligations <strong>of</strong><br />

the Concessionaire in relation to the Project until the Financial<br />

Close <strong>of</strong> the Project is achieved in accordance with the<br />

Concession Agreement; <strong>and</strong><br />

(h)<br />

except as provided under this RFQ <strong>and</strong> the Bidding Documents, there<br />

shall not be any amendment to the Jt. Bidding Agreement without the<br />

prior written consent <strong>of</strong> the Authority.<br />

2.2.7 Any entity which has been barred by the Central/ State Government, or any<br />

entity controlled by it, from participating in any project (BOT or otherwise),<br />

<strong>and</strong> the bar subsists as on the date <strong>of</strong> Application, would not be eligible to<br />

submit an Application, either individually or as member <strong>of</strong> a Consortium.<br />

2.2.8 An Applicant including any Consortium Member or Associate should, in the<br />

last 3 (three) years, have neither failed to perform on any contract, as<br />

evidenced by imposition <strong>of</strong> a penalty by an arbitral or judicial authority or a<br />

judicial pronouncement or arbitration award against the Applicant,<br />

Consortium Member or Associate, as the case may be, nor has been<br />

expelled from any project or contract by any public entity nor have had any<br />

RFQ for <strong>Rajiv</strong> <strong>G<strong>and</strong>hi</strong> <strong>Dry</strong> <strong>Port</strong> cum Multi-modal Logistics Hub 10

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