Additional Commercial Activity Clause Samples
The "Additional Commercial Activity" clause defines the conditions under which parties may engage in business activities beyond those originally specified in the agreement. Typically, this clause outlines the process for proposing, approving, or restricting new commercial ventures or services that fall outside the initial scope of the contract. For example, it may require written consent before a party can offer new products or collaborate with third parties in related markets. Its core function is to manage and control the expansion of business activities, ensuring that any additional undertakings are mutually agreed upon and do not create unforeseen risks or conflicts.
Additional Commercial Activity. 16.1.1. The Concessionaire may, on prior written approval from the Authority, use the rail siding for additional commercial activities for third parties. Upon request from the Concessionaire along with a detailed plan on the usage and its satisfaction that such additional commercial activities are not likely to have adverse impact on the Operation and Maintenance of the Silo Complex or adverse impact on the ability of the Concessionaire to deliver its Service and along with written assurance from the Concessionaire that the requirements of the Silo Complex shall at all time be given top priority, the Authority shall allow the Concessionaire to commercially use the rail siding established as part of the Silo Complex for additional commercial purposes as proposed by the Concessionaire subject to mutual agreement as per Clause 16.
Additional Commercial Activity. 16.1.1. The Service Provider may, upon receiving the prior written approval (“Additional Commercial Activities Approval”) of the Authority, use the Specialized Wagons for additional commercial activities (“Additional Commercial Activities”) for third parties. The Authority, may at its sole discretion and subject to the Additional Commercial Activities Conditions and such terms and conditions as it may deem necessary, provide such Additional Commercial Activities Approval to the Service Provider, upon receiving the written request of the Service Provider, subject to due compliance of each of the following terms and conditions (“Additional Commercial Activities Conditions”):
A. The Service Provider shall provide the detailed plan and proposed usage of the Specialized Wagons for the Additional Commercial Activities;
B. The Service Provider shall adequately satisfy the Authority that such Additional Commercial Activities shall not have any adverse impact on the operations of the Authority, the Project and the due performance of any of the duties, obligations and responsibilities of the Service Provider under this Agreement;
C. The Service Provider shall provide a written undertaking, on its letterhead, duly certified by a director of the Service Provider, that in case of any conflict between the requirements of the Authority in relation to the Project and the requirements of the Additional Commercial Activities, the requirements of the Authority shall at all times be provided precedence by the Service Provider;
D. The Service Provider shall provide a written undertaking, on its letterhead, duly certified by a director of the Service Provider, that the Service Provider shall share with the Authority, at least 5% (five percent) of the gross revenues, less any Taxes, as generated from the Additional Commercial Activities;
E. In the event that any Applicable Permits of the Railways is required to be obtained in relation to the Additional Commercial Activities, the Service Provider has duly obtained such Applicable Permits of the Railways, prior to the date of such written request. In this regard, the Service Provider shall provide a certified copy of such Applicable Permit of the Railways along with its written request; and
F. In the event that any Applicable Permits of the Railways is not required to be obtained in relation to the Additional Commercial Activities, the Service Provider shall provide a written undertaking, on its letterhead, duly certified by a dir...
Additional Commercial Activity. Upon the elapse of the second (2nd) year of the Commercial Operation Phase, the Concessionaire may submit a Request for Additional Commercial Activity.
Additional Commercial Activity. 16.1.1. The Concessionaire may, on prior written approval from the Authority, use the additional/surplus land available in silo complex for additional commercial activities for third parties. Upon request from the Concessionaire along with a detailed plan on the usage and its satisfaction that such additional commercial activities are not likely to have adverse impact on the Operation and Maintenance of the Silo Complex or adverse impact on the ability of the Concessionaire to deliver its Service and along with written assurance from the Concessionaire that the requirements of the Silo Complex shall at all time be given top priority, the Authority shall allow the Concessionaire to commercially use the additional/surplus land available in Silo Complex for additional commercial purposes as proposed by the Concessionaire subject to mutual agreement as per Clause 16.