Common use of Access and Right of Way Clause in Contracts

Access and Right of Way. 10.2.1 To avoid delays for the development of drawing and interconnection plan etc. by SPD, after LoA, 3-4 representatives of SPD shall be allowed multiple visits to access the site (Relevant Premises) on the date and time agreed with Railways along with necessary equipments for carrying out any surveys, investigations and analysis that SPD may deem necessary during the Development Period. It is being expressly agreed and understood that Railways shall have no liability whatsoever in respect of survey and investigations carried out or work undertaken by the SPD on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 The grant of Right of Way by Railways is pre required by the SPD to access the Relevant Premises except for 10.2.1. 10.2.3 Any requirements related to the infrastructure development to access the site for project development shall be highlighted by SPD to Railways immediately after the exercises conducted as mentioned in 10.2.1 and taken up for development under MMG. 10.2.4 In consideration of this Agreement and the covenants and warranties on the part of the SPD herein contained, Railways, in accordance with the terms and conditions set forth herein, hereby grants to the SPD, commencing within the timelines mentioned in Schedule N, the leave and the right in respect to the site/s (along with any area, storage space, location for equipment placement) comprising the Site which is shown in APPENDIX IX of RFQ hereto (the “Relevant Premises”), on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain the said Relevant Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Premises, or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Agreement Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.5 It is expressly agreed that the access to the Relevant Premises and the right to develop project on the Relevant Premises granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Railways to terminate the said access, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the SPD or its partners, the right of access in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.6 The SPD hereby irrevocably appoints Railways (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the SPD a transfer or surrender of the Right of Way to site/s granted hereunder at any time after the Agreement Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of Railways, and the SPD consents to it being registered for this purpose.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Access and Right of Way. 10.2.1 To avoid delays for Railways hereby grants to the development of drawing and interconnection plan etc. by SPD, after LoA, 3-4 representatives of SPD shall be allowed multiple visits access to access the site (Relevant Premises) on the date and time agreed with Railways along with necessary equipments Site for carrying out any surveys, investigations and analysis that SPD may deem necessary during the Development Period. It is ,it being expressly agreed and understood that Railways shall have no liability whatsoever in respect of survey and investigations carried out or work undertaken by the SPD on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 The grant of Right of Way by Railways is pre required by the SPD to access the Relevant Premises except for 10.2.1. 10.2.3 Any requirements related to the infrastructure development to access the site for project development shall be highlighted by SPD to Railways immediately after the exercises conducted as mentioned in 10.2.1 and taken up for development under MMG. 10.2.4 In consideration of this Agreement and the covenants and warranties on the part of the SPD herein contained, Railways, in accordance with the terms and conditions set forth herein, hereby grants to the SPD, commencing within from the timelines mentioned in Schedule NAppointed Date, the leave and the right in respect to the site/s (along with any rooftop area, storage space, location for equipment placement) comprising the Site which is described, delineated and shown in APPENDIX IX of RFQ Schedule B hereto (the “Relevant Premises”), on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain the said Relevant Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Premises, or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Agreement Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.5 10.2.3 It is expressly agreed that the access to the Relevant Premises site/s and the right to develop project on the Relevant Premises site/s granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Railways to terminate the said access, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the SPD or its partners, the right of access in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.6 10.2.4 The SPD hereby irrevocably appoints Railways (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the SPD a transfer or surrender of the Right right of Way access to site/s granted hereunder at any time after the Agreement Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of Railways, and the SPD consents to it being registered for this purpose.

Appears in 2 contracts

Samples: Power Purchase Agreement (Ppa), Power Purchase Agreement

Access and Right of Way. 10.2.1 To avoid delays for the development of drawing and interconnection plan etc. by SPD, after LoA, 3-4 representatives of SPD shall be allowed multiple visits along with necessary equipments to access the site (Relevant Premises) on the date and time agreed with Railways along with necessary equipments for carrying out any surveys, investigations and analysis that SPD may deem necessary during the Development Period. It is being expressly agreed and understood that Railways shall have no liability whatsoever in respect of survey and investigations carried out or work undertaken by the SPD on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 The grant of Right of Way by Railways is pre required by the SPD to access the Relevant Premises except for 10.2.1. 10.2.3 Any requirements related to the infrastructure development to access the site for project development shall be highlighted by SPD to Railways immediately after the exercises conducted as mentioned in 10.2.1 and taken up for development under MMG. 10.2.4 In consideration of this Agreement and the covenants and warranties on the part of the SPD herein contained, Railways, in accordance with the terms and conditions set forth herein, hereby grants to the SPD, commencing within the timelines mentioned in Schedule N, the leave and the right in respect to the site/s (along with any area, storage space, location for equipment placement) comprising the Site which is described, delineated and shown in APPENDIX IX of RFQ Schedule B hereto (the “Relevant Premises”), on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain the said Relevant Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Premises, or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Agreement Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.5 It is expressly agreed that the access to the Relevant Premises and the right to develop project on the Relevant Premises granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Railways to terminate the said access, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the SPD or its partners, the right of access in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.6 The SPD hereby irrevocably appoints Railways (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the SPD a transfer or surrender of the Right of Way to site/s granted hereunder at any time after the Agreement Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of Railways, and the SPD consents to it being registered for this purpose.

Appears in 1 contract

Samples: Power Purchase Agreement

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Access and Right of Way. 10.2.1 To avoid delays for the development of drawing and interconnection plan etc. by SPD, after LoA, 3-4 representatives of SPD shall be allowed multiple visits along with necessary equipments to access the site (Relevant Premises) on the date and time agreed with Railways along with necessary equipments for carrying out any surveys, investigations and analysis that SPD may deem necessary during the Development Period. It is being expressly agreed and understood that Railways shall have no liability whatsoever in respect of survey and investigations carried out or work undertaken by the SPD on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 The grant of Right of Way by Railways is pre required by the SPD to access the Relevant Premises except for 10.2.1. 10.2.3 Any requirements related to the infrastructure development to access the site for project development shall be highlighted by SPD to Railways immediately after the exercises conducted as mentioned in 10.2.1 and taken up for development under MMG. 10.2.4 In consideration of this Agreement and the covenants and warranties on the part of the SPD herein contained, Railways, in accordance with the terms and conditions set forth herein, hereby grants to the SPD, commencing within the timelines mentioned in Schedule schedule N, the leave and the right in respect to the site/s (along with any rooftop area, storage space, location for equipment placement) comprising the Site which is described, delineated and shown in APPENDIX IX of RFQ Schedule B hereto (the “Relevant Premises”), on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain the said Relevant Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Premises, or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Agreement Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.5 It is expressly agreed that the access to the Relevant Premises site/s and the right to develop project on the Relevant Premises site/s granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Railways to terminate the said access, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the SPD or its partners, the right of access in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.6 The SPD hereby irrevocably appoints Railways (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the SPD a transfer or surrender of the Right right of Way access to site/s granted hereunder at any time after the Agreement Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of Railways, and the SPD consents to it being registered for this purpose.

Appears in 1 contract

Samples: Power Purchase Agreement

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