(h) Diesel Procurement:
(a) During the Term, the Contractor shall procure and store diesel oil at its own expense. The Contractor shall procure and store diesel oil imported in the name of the Employer from the supplier as designated by the Employer only during the Construction Period as specified in the Concession Agreements and the Contractor shall comply with the requirements set by the Employer relating to diesel fuel, whether or not such diesel oil was procured by the Contractor, the Employer or other authorized supplier. The Contractor shall obtain all necessary Authorizations to store diesel oil and shall comply with all Laws and Regulations in respect of the transportation and storage diesel oil. In the event that the Contractor fails to comply with the foregoing requirements, such circumstance shall be deemed the Contractor’s Default under this Agreement.
(b) The Employer shall use its reasonable endeavors to coordinate with diesel oil companies to establish an oil station at the Site.
(c) During the Term, the Contractor may purchase diesel oil from the oil station as referred in (b) above or from any other supplier authorized to sell Diesel oil. Diesel oil purchased by the Contractor shall be used only for the Operation and Maintenance Services pursuant to this Agreement.
(d) The Contractor shall stock sufficient fuel in the designated area at the Site as approved by the Employer and maintain the volume of fuel at no less than seven (7) days usage at all times. The Contractor shall keep and update the record of the purchases and the consumption of fuel, and provide to the Employer access to such records at any time including physical access to check the actual stock of fuel (if so required by the Employer). In the event that the Employer (acting reasonably) deems that the Contractor is not able to stock sufficient diesel oil to perform its obligations under this Agreement, the Employer shall be entitled to coordinate with the Contractor and the relevant parties in order to ensure that there is no shortage of diesel oil stocked by the Contractor.