Common use of Access of the Site Clause in Contracts

Access of the Site. 10.3.1 Pursuant to the notice specified in Clause 4.1.2, Railways Representative and the SPD shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered space, assets and equipment, and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been granted to the SPD. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.2.2, be deemed to constitute a valid access and Right of Way to the SPD for free and unrestricted use and development of the vacant and unencumbered Site during the Agreement Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid access and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the SPD upon vacant access thereto being provided by Railways to the SPD. 10.3.2 Railways shall make best efforts to procure and grant, within the timeline given in Schedule N, the Right of Way to the SPD in respect of all access as well as the Right of Way to the Relevant Premises (land) which is shown in APPENDIX IX of RFQ. In parallel to receiving Right of Way, the SPD will define and outline the need to undertake construction of any specific infrastructure which needs to be developed to access the site. The SPD shall submit a plan of the required construction work to the Railway Electrical Engineer, get the Railway Electrical Engineers sanction for the same and complete the infrastructure development Works thereon within a reasonable period (proposed by the SPD and sanctioned by the Railway Electrical Engineer) in accordance with Good Industry Practices. For the avoidance of doubt, it is expressly agreed that Construction Works on all infrastructure for which Right of Way is granted shall be completed before the Project Completion Date. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Railway Electrical Engineer hereunder shall be deemed to be Project Milestones, for the purposes of levy and recovery of Damages under and in accordance with the provisions in PPA. The timeline for construction work shall be designed considering the adherence of the overall project timeline as mentioned in the Schedule N.

Access of the Site. 10.3.1 Pursuant to the notice specified in Clause 4.1.2, Railways Representative and the SPD shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered rooftop space, assets and equipmentequipment on the rooftops, and any other immovable property on or attached to the SiteSite (rooftops). Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been granted to the SPD. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.2.2, be deemed to constitute a valid access and Right of Way to the SPD for free and unrestricted use and development of the vacant and unencumbered Site during the Agreement Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid access and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the SPD upon vacant access thereto being provided by Railways to the SPD. 10.3.2 . Railways shall make best efforts to procure and grant, within the timeline timelines given in Schedule schedule N, the Right of Way to the SPD in respect of all access as well as the right of way to the relevant premises included in the Schedule - B. In the event of delay for any reason other than Force Majeure or breach of this Agreement by the SPD, it shall pay to the SPD damages in a sum calculated at the rate of Rs. 1,000 (Rupees one thousand) per day for, commencing from the 31st (thirty first) day of the Effective Date and until such Right of Way to is procured with a limit of upto 20 percent of the Relevant Premises (land) which is shown in APPENDIX IX of RFQbid security. In parallel to receiving Right of Way, the SPD will define and outline outline, the need to undertake construction of any specific infrastructure which needs to be developed to access the site. The SPD shall submit a plan of the required construction work to the Railway Electrical EngineerEngineer or nominated official by CWM/PR, get the Railway Electrical Engineers or nominated official by CWM/PR sanction for the same and complete the infrastructure development Works thereon within a reasonable period (proposed by the SPD and sanctioned by the Railway Electrical EngineerEngineer or nominated official by CWM/PR) in accordance with Good Industry Practices. For the avoidance of doubt, it is expressly agreed that Construction Works on all infrastructure for which Right of Way is granted shall be completed before the Project Completion Date. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Railway Electrical Engineer or nominated official by CWM/PR hereunder shall be deemed to be Project Milestones, for the purposes of levy and recovery of Damages under and in accordance with the provisions in PPAArticle 20. The timeline for construction work shall be designed considering the adherence of the overall project timeline as mentioned in the Schedule N.

Access of the Site. 10.3.1 Pursuant to the notice specified in Clause 4.1.2, Railways Representative and the SPD shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered space, assets and equipment, and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been granted to the SPD. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.2.2, be deemed to constitute a valid access and Right of Way to the SPD for free and unrestricted use and development of the vacant and unencumbered Site during the Agreement Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid access and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the SPD upon vacant access thereto being provided by Railways to the SPD. 10.3.2 Railways shall make best efforts to procure and grant, within the timeline given in Schedule N, the Right of Way to the SPD in respect of all access as well as the Right of Way to the Relevant Premises included in the Schedule B. In the event of delay for any reason other than Force Majeure or breach of this Agreement by the SPD, it shall pay to the SPD damages in a sum calculated at the rate of Rs.[1,000 (landRupees one thousand)] per day for, commencing from the 31st (thirty first) which day of the Effective Date and until such Right of Way is shown in APPENDIX IX procured with a limit of RFQupto 20 percent of the bid security. In parallel to receiving Right of Way, the SPD will define and outline the need to undertake construction of any specific infrastructure which needs to be developed to access the site. The SPD shall submit a plan of the required construction work to the Railway Electrical Engineer, get the Railway Electrical Engineers sanction for the same and complete the infrastructure development Works thereon within a reasonable period (proposed by the SPD and sanctioned by the Railway Electrical Engineer) in accordance with Good Industry Practices. For the avoidance of doubt, it is expressly agreed that Construction Works on all infrastructure for which Right of Way is granted shall be completed before the Project Completion Date. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Railway Electrical Engineer hereunder shall be deemed to be Project Milestones, for the purposes of levy and recovery of Damages under and in accordance with the provisions in PPAArticle 20. The timeline for construction work shall be designed considering the adherence of the overall project timeline as mentioned in the Schedule N.